reglab/housing_qa huggingface dataset:
AK Stat § 09.55.030 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 2. Declaration of Death.|Sec. 09.55.030. Verdict and entry of order.

If the jury by their unanimous verdict in writing find that sufficient evidence has been presented to them from which it fairly may be presumed that the missing person has met death, and if the judge or magistrate approves the finding, then, after a period of six months has elapsed, the person shall be presumed to be dead and the judge or magistrate shall enter an order to that effect. However, in cases where there is clear and convincing evidence of the presumed death the judge or magistrate may sooner enter the order.
AK Stat § 09.55.040 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 2. Declaration of Death.|Sec. 09.55.040. Compensation and expenses allowed.

The members of the jury and witnesses are entitled to the same compensation as in civil actions in a district court, and the compensation and other incidental expenses shall be audited and allowed as in the case of other similar expenses.
AK Stat § 09.55.050 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 2. Declaration of Death.|Sec. 09.55.050. Effect of presumptive death certificate.

After the judge or magistrate has entered an order declaring that the person is presumed to be dead either under AS 09.55.020 - 09.55.060 or under the laws dealing with missing persons, the judge or magistrate shall make out and sign a certificate entitled “Presumptive Death Certificate” in the form and manner and containing the information required by the Bureau of Vital Statistics. In addition to the information required by the Bureau of Vital Statistics, the certificate must contain the decedent's social security number, if ascertainable. The certificate shall be recorded by the judge or magistrate and then filed with the Bureau of Vital Statistics. Upon the entry of the order and the recording and filing of the “Presumptive Death Certificate” as herein provided, the missing person is presumed to be dead, and the person's estate may be administered in accordance with the then existing provisions of law applicable to the administration of the estates of deceased persons.
AK Stat § 09.55.060 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 2. Declaration of Death.|Sec. 09.55.060. Correction or removal of presumptive certificates.

The Bureau of Vital Statistics shall make provisions for the correction, substitution, or removal of the certificates where the body of the person is later found, where additional facts are brought to light, or where the person is later discovered to be alive.
AK Stat § 09.55.062 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 3. Death Inquests.|Sec. 09.55.062. Death inquests.

Upon petition by the state medical examiner or a state prosecutor, a judicial officer shall conduct proceedings under AS 09.55.062 - 09.55.069 to determine the cause and manner of a person's death. The prosecutor shall present the evidence in the death inquest and assist the court in instructing the jury and conducting the inquest only when the inquest is based on a petition filed by the prosecutor or when the prosecutor requests to participate in the proceedings.
AK Stat § 09.55.064 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 3. Death Inquests.|Sec. 09.55.064. Jurors for inquest.

(a) When a death inquest is to be held under AS 09.55.062 - 09.55.069, the judicial officer shall promptly summon six persons qualified by law to serve as jurors to appear before the court. (b) When six jurors attend as required under (a) of this section, they shall be sworn by the court to (1) inquire into the identity of the deceased, and when, where, and by what means the person died; (2) inquire into the circumstances attending the death; and (3) give a true verdict according to the evidence.
AK Stat § 09.55.066 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 3. Death Inquests.|Sec. 09.55.066. Subpoena and examination of witnesses.

The judicial officer or a prosecuting attorney may, when necessary to determine the material facts relating to the death, subpoena and examine witnesses for a proceeding under AS 09.55.062 - 09.55.069.
AK Stat § 09.55.068 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 3. Death Inquests.|Sec. 09.55.068. Verdict of inquest jury.

After hearing the testimony, the jury or two thirds of its number shall give its written verdict, signed and setting out (1) the name of the deceased and when, where, and by what means the deceased died; and (2) whether the deceased was killed or the death was occasioned by the act of another by criminal means.
AK Stat § 09.55.069 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 3. Death Inquests.|Sec. 09.55.069. Compensation and expenses allowed.

The members of the jury and witnesses in an inquest under AS 09.55.062 - 09.55.069 are entitled to the same compensation as in civil actions in a district court, and the compensation and other incidental expenses shall be audited and allowed as in the case of other similar expenses.
AK Stat § 09.55.250 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 4. Eminent Domain.|Sec. 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.
AK Stat § 09.55.260 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 4. Eminent Domain.|Sec. 09.55.260. Private property subject to be taken.

The private property that may be taken under AS 09.55.240 - 09.55.460 includes (1) all real property belonging to any person; (2) land belonging to the state or to an organized or unorganized borough, city, town, village, or other municipal division, whether incorporated or unincorporated, not appropriated to a public use; (3) property appropriated to public use, but the property may not be taken unless for a more necessary purpose than that to which it has already been appropriated; (4) franchises for a public utility, but those franchises may not be taken unless for a more necessary public use; (5) all rights-of-way for any of the purposes mentioned in AS 09.55.240, and the structures and improvements on the rights-of-way, and the land held and used in connection with them shall be subject to be connected with, crossed, or intersected by another right-of-way or improvements or structures on them; they shall also be subject to a limited use, in common with the owner, when necessary; but the uses, crossings, intersections, and connections shall be made in the manner most compatible with the greatest public benefit and least private injury; (6) all classes of private property not enumerated may be taken for public use when the taking is authorized by law.
AK Stat § 09.55.265 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 4. Eminent Domain.|Sec. 09.55.265. Taking of property under reservation void.

After April 14, 1966, no agency of the state may take privately-owned property by the election or exercise of a reservation to the state acquired under the Act of June 30, 1932, ch. 320, § 5, as added July 24, 1947, ch. 313, 61 Stat. 418, and taking of property after April 14, 1966 by the election or exercise of a reservation to the state under that federal Act is void.
AK Stat § 09.55.266 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 4. Eminent Domain.|Sec. 09.55.266. Existing rights not affected.

AS 09.55.265 may not be construed to divest the state of, or to require compensation by the state for, any right-of-way or other interest in real property that was taken by the state, before April 14, 1966, by the election or exercise of its right to take property through a reservation acquired under the Act of June 30, 1932, ch. 320, § 5, as added July 24, 1947, ch. 313, 61 Stat. 418.
AK Stat § 09.55.270 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 4. Eminent Domain.|Sec. 09.55.270. Prerequisites.

Before property can be taken, it shall appear that (1) the use to which it is to be applied is a use authorized by law; (2) the taking is necessary to the use; (3) if already appropriated to a public use, the public use to which it is to be applied is a more necessary public use.
AK Stat § 09.55.275 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 4. Eminent Domain.|Sec. 09.55.275. Replat approval.

An agency of the state or municipality acquiring property in fee that results in a boundary change located within a municipality exercising the powers conferred by AS 29.35.180 or 29.35.260(c) shall conform to this section by obtaining preliminary approval of a replat showing clearly the location of the proposed public street or other acquisition of property. The platting authority may establish applicable review procedures and standards for a replat made for the purpose of a right-of-way acquisition or condemnation. Neither the adequacy of the municipal replat process or standards, if any, nor the failure of a municipality to follow its own replat process and standards shall deprive the state of the authority to exercise its power of eminent domain. Final approval of replat shall also be obtained. However, if a state agency clearly demonstrates an overriding state interest, a waiver of the municipal approval requirements in this section may be granted by the governor.
AK Stat § 09.55.280 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 4. Eminent Domain.|Sec. 09.55.280. Entry upon land.

In all cases where land is required for public use, the state, the public entity, or persons having the authority to condemn, or its agents in charge of the use may enter upon the land and make examination, surveys, and maps and locate the boundaries; but it shall be located in the manner that will be most compatible with the greatest public good and the least private injury, and subject to the provisions of AS 09.55.300. The entry shall constitute no cause of action in favor of the owners of the land except for injuries resulting from negligence, wantonness, or malice.
AK Stat § 09.55.290 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 4. Eminent Domain.|Sec. 09.55.290. Jurisdiction.

Eminent domain proceedings may be commenced in the superior court.
AK Stat § 09.55.300 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 4. Eminent Domain.|Sec. 09.55.300. Powers of court.

(a) The court has power (1) to regulate and determine the place and manner of making the connections and crossings or of enjoying the common uses mentioned in AS 09.55.260(5), and of the occupying of canyons, passes, and defiles for railroad purposes, as permitted and regulated by law; (2) to limit the amount of property sought to be condemned if, in its opinion, the quantity sought to be condemned is not necessary. (b) If the court determines that the property is to be taken for a public use, and if all parties to the action do not object, the court shall appoint a master to determine the amount to be paid by the plaintiffs to each owner or other person interested in the property as compensation and damages by reason of the appropriation of the property. If all parties to the action object to the appointment of a master the court shall proceed with a jury trial, unless the jury is waived by all parties to the action.
AK Stat § 09.55.310 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 4. Eminent Domain.|Sec. 09.55.310. Hearing.

(a) The jury or master shall hear the allegations and evidence of persons interested and shall ascertain and assess the following: (1) the value of the property sought to be condemned, and all improvements on it pertaining to the realty, and of each separate estate or interest in it; if it consists of different parcels, the value of each parcel and each estate or interest in each parcel shall be separately assessed; (2) if the property sought to be condemned constitutes only a part of a larger parcel, the damages that will accrue to the portion not sought to be condemned by reason of its severance from the portion sought to be condemned, and the construction of the improvements in the manner proposed by the plaintiff; (3) separately, how much the portion not sought to be condemned and each estate or interest in it will be benefited, if at all, by the construction of the improvements proposed by the plaintiff; and, if the benefit is equal to the damages assessed under (2) of this section, the owner of the parcel shall be allowed no damages except the value of the portion taken; but if the benefits are less than the damages so assessed, the former shall be deducted from the latter and the remainder shall be the only damages allowed in addition to the value; (4) if the property sought to be condemned is for a railroad, the cost of good and sufficient fences along the line of the railroad, and the cost of cattle guards where fences may cross the line of the railroad. (b) As far as practicable, compensation shall be assessed for each source of damages separately.
AK Stat § 09.55.320 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 4. Eminent Domain.|Sec. 09.55.320. Right to jury trial as to damages and value of property.

An interested party may appeal the master's award of damages and valuation of the property, in which case there shall be a trial by jury on the question of the amount of damages and the value of the property, unless the jury is waived by the consent of all parties to the appeal.
AK Stat § 09.55.330 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 4. Eminent Domain.|Sec. 09.55.330. Compensation and damages.

For the purpose of assessing compensation and damages, the right to them accrues at the date of issuance of the summons, and its actual value at that date is the measure of compensation of the property to be actually taken, and the basis of damages to property not actually taken but injuriously affected in the cases where the damages are allowed. If an order is made letting the plaintiff into possession, as provided in AS 09.55.380, the compensation and damages awarded shall draw lawful interest from the date of the order. Improvements put upon the property after the date of the service of summons may not be included in the assessment of compensation or damages.
AK Stat § 09.55.340 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 4. Eminent Domain.|Sec. 09.55.340. Defective title.

If the title attempted to be acquired is found to be defective from any cause, the plaintiff may again institute proceedings to acquire the same as provided in AS 09.55.240 - 09.55.460.
AK Stat § 09.55.350 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 4. Eminent Domain.|Sec. 09.55.350. Time for paying compensation or damages and bond to build railroad fences and cattle guards.

The plaintiff shall, within 30 days after final judgment, pay the sum of money assessed. If the use is for railroad purposes, the plaintiff may, at the time of or before the payment, elect to build the fences and cattle guards. If the plaintiff so elects, the plaintiff shall execute to the defendant a bond, with one or more sureties to be approved by the court, in double the assessed cost of the same to build such fences and cattle guards within eight months from the time the railroad is built on the land taken. If the bond is given, the plaintiff need not pay the cost of the fences and cattle guards. In an action on the bond, the plaintiff may recover reasonable attorney fees.
AK Stat § 09.55.360 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 4. Eminent Domain.|Sec. 09.55.360. Payment or deposit and execution.

Payment may be made to the defendants entitled to payment, or the money may be deposited in court for the defendants and be distributed to those entitled to it. If the money is not so paid or deposited, the defendants may have execution as in civil cases. If the money cannot be obtained on execution, the court, upon a showing to that effect, shall set aside and annul the entire proceedings and restore possession of the property to the defendants if possession has been taken by the plaintiff.
AK Stat § 09.55.370 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 4. Eminent Domain.|Sec. 09.55.370. Final order of condemnation.

When payments have been made and the bond given, if the plaintiff elects to give one as required by AS 09.55.350, the court shall make a final order of condemnation, which shall describe the property condemned and the purposes of the condemnation. A copy of the order shall be recorded in the office of the recording district where the land is located, at which time the property described in the order vests in the plaintiff for the purposes specified in the order.
AK Stat § 09.55.380 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 4. Eminent Domain.|Sec. 09.55.380. Order authorizing plaintiff to continue in or take possession.

Upon application of the plaintiff at any time after the jury's verdict has been returned or the master's report has been filed in the court, the court may make an order that, upon payment into court of the amount of damages assessed in the report or by the jury, the plaintiff, if already in possession of the property sought to be condemned, may continue in possession and, if not in possession, the court may authorize the plaintiff to take possession of the property and use and possess it until the final conclusion of the proceedings, and that all actions and proceedings against the plaintiff on that account be stayed until that time. However, where an appeal is taken by the defendant, the court may also require the plaintiff to give a bond or undertaking with sufficient sureties before continuing or taking possession. The bond or undertaking shall be approved by the court and shall be in the sum the court may direct, and conditioned to pay defendant any additional damages and costs given by the judgment over and above the amount assessed, and the damages which defendant sustains if the property is not taken for public uses. For the purposes of this section the amount assessed as damages in the report or by the jury is considered as just compensation for the property appropriated until reassessed or changed in further proceedings. However, the plaintiff, by payment into court of the amount assessed or by giving security as above provided, is not precluded from an appeal, but may appeal in the manner and with the effect as if no money had been deposited or security given. If the plaintiff deposits the amount of the assessment and continues in possession or takes possession of the property and there is no dispute as to the ownership of the property, the defendant may at any time demand and receive from the court the money deposited, and the demand or receipt does not bar or preclude the defendant from the right of appeal. However, if the amount of the assessment is reduced on appeal by either party, the defendant who has received the amount of the assessment deposited is liable to the plaintiff for the difference between the amount received by the defendant and the amount finally assessed with legal interest from the time the defendant received the money deposited, and it may be recovered by action.
AK Stat § 09.55.390 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 4. Eminent Domain.|Sec. 09.55.390. Acquisition of easements and additional powers of the court to require surrender of possession to plaintiff.

The right to take possession under this section is in addition to any other right to take possession provided in AS 09.55.240 - 09.55.460. In proceedings for the acquisition of easements for the transmission and distribution of electric energy, communications, water, steam, and gas, the court may, upon motion and after a hearing, fix the time during which and the terms upon which the parties in possession are required to surrender possession to the plaintiff. If the court finds that urgent public necessity requires, it may grant the plaintiff possession at any time after the action has been commenced. Notice of the hearing shall be as provided in the Alaska Rules of Civil Procedure, except that, where service by publication is required, notice may be given at any time following the date of the last publication by registered mail addressed to the defendant and to parties in possession at their last known addresses as shown on the latest tax roll of the political subdivision in which the premises are located or as indicated by other evidence that shall be satisfactory to the court.
AK Stat § 09.55.400 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 4. Eminent Domain.|Sec. 09.55.400. Deposit into court of estimated compensation and damages; costs and fees.

The order given under AS 09.55.390 requiring the parties in possession to surrender possession to the plaintiff shall require that the plaintiff deposit with the clerk of the court an amount of money determined by the court fairly to represent the estimated compensation and the estimated damages to the defendant and for the speedy occupation, including reasonable relocation costs if required. In addition the court shall include in its order a further requirement that the plaintiff execute and file with the clerk of the court a bond, approved as to form and as to sufficiency of the sureties by the court, in an amount equal to the amount of money required to be deposited, conditioned upon payment to the defendant of additional damages and costs found to be due to the defendant in the action. Costs or attorney fees may not be assessed against the defendant in an action brought under AS 09.55.390.