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Alaska Statutes Title 29. Municipal Government § 29.35.030. Eminent domain

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(a) Except as provided in (b) of this section, a municipality may, only within its boundaries, exercise the powers of eminent domain and declaration of taking in the performance of a power or function of the municipality under the procedures set out in AS 09.55.250--09.55.460.  In the case of a second class city, the exercise of the power of eminent domain or declaration of taking must be by ordinance that is submitted to the voters at the next general election or at a special election called for that purpose.  A majority of the votes on the question is required for approval of the ordinance.

(b) The power of eminent domain may not be exercised to acquire private property from a private person for the purpose of transferring title to the property to another private person for economic development, except as provided by AS 09.55.240(d)(1)--(6), and may not be exercised for purposes expressed in AS 09.55.240(e).

(c) This section applies to home rule and general law municipalities.

(d) In this section,

(1) “economic development” has the meaning given in AS 09.55.240;

(2) “private person” has the meaning given in AS 09.55.240.

Cite this article: - Alaska Statutes Title 29. Municipal Government § 29.35.030. Eminent domain - last updated April 21, 2021 |

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