Section 09.55.250. Classification of estates and land subject to be taken.

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.

Authorities

18.57.040;29.35.030;42.40.385

Notes

References

AS 18.57.040 Powers of the authority.
AS 29.35.030 Eminent domain.
AS 42.40.385 Eminent domain.

History

(Sec. 13.02 ch 101 SLA 1962; am Sec. 10 ch 49 SLA 1963; am Sec. 8 ch 130 SLA 1971)