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The following is a classification of the estates and rights in land subject to be taken for public use:
(1) a fee simple, when taken for public buildings or grounds, or for permanent buildings, for reservoirs and dams and permanent flooding occasioned by them, or for an outlet for a flow, or a place for the deposit of debris or tailings of a mine, or when, in the judgment of the Department of Natural Resources, or the Department of Transportation and Public Facilities, a fee simple is necessary for any of the purposes for which the department, on behalf of the state, is authorized by law to acquire real property by condemnation;
(2) an easement when taken for any other use;
(3) the right of entry upon an occupation of land, and the right to take from the land earth, gravel, stones, trees, and timber as may be necessary for a public use.
Cite this article: FindLaw.com - Alaska Statutes Title 9. Code of Civil Procedure § 09.55.250. Classification of estates and land subject to be taken - last updated April 21, 2021 | https://codes.findlaw.com/ak/title-9-code-of-civil-procedure/ak-st-sect-09-55-250/
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