reglab/housing_qa huggingface dataset:
AK Stat § 09.45.230 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 5. Nuisances.|Sec. 09.45.230. Action based on private nuisance.

(a) A person may bring a civil action to enjoin or abate a private nuisance. Damages may be awarded in the action. (b) A person may not maintain an action under this section based upon an air emission or water or solid waste discharge, other than the placement of nuclear waste, where the emission or discharge was expressly authorized by and is not in violation of a term or condition of (1) a statute or regulation; (2) a license, permit, or order that is (A) issued after public hearing by the state or federal government; and (B) subject to (i) continuing compliance monitoring; (ii) periodic review by the issuing agency; or (iii) renewal on a periodic basis; or (3) a court order or judgment. (c) The provisions of (b) of this section do not apply to actions in which the air emission or water or solid waste discharge that is the subject of the action produces a result that was unknown or not reasonably foreseeable at the time of the authorization. (d) The provisions of (b) of this section remain in effect only as long as both of the following are satisfied: (1) AS 46.03.900 defines “pollution” as including the contamination or altering of waters, land, or subsurface land of the state in a manner that creates a nuisance; and (2) AS 46.14.990 defines “emission” as the release of one or more air pollutants to the atmosphere. (e) Notwithstanding other provisions of law, except AS 09.50.170 - 09.50.240 and AS 19.25.080 - 19.25.180, a person may not bring a civil action to enjoin or abate a private nuisance or to recover damages for a private nuisance unless the action is authorized by this section. (f) A person who is shielded under (b) of this section from a nuisance action shall indemnify, defend, and hold the state harmless from a claim or court action for inverse condemnation, including damages, costs, and attorney fees, for which the state may become liable because of the air emission or wastewater or solid waste discharge for which the person is shielded by (b) of this section. The state shall immediately tender the defense of the inverse condemnation claim or court action to the person. The provisions of (b) of this section do not apply to shield the person, if the person fails to accept or refuses the tender of the defense. A person who prevails in the defense of the claim or court action for inverse condemnation described under this subsection shall be awarded full reasonable attorney fees and costs.
AK Stat § 09.45.235 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 5. Nuisances.|Sec. 09.45.235. Agricultural operations as private nuisances.

(a) An agricultural facility or an agricultural operation at an agricultural facility is not and does not become a private nuisance as a result of a changed condition that exists in the area of the agricultural facility if the agricultural facility was not a nuisance at the time the agricultural facility began agricultural operations. For purposes of this subsection, the time an agricultural facility began agricultural operations refers to the date on which any type of agricultural operation began on that site regardless of any subsequent expansion of the agricultural facility or adoption of new technology. An agricultural facility or an agricultural operation at an agricultural facility is not a private nuisance if the governing body of the local soil and water conservation district advises the commissioner in writing that the facility or operation is consistent with a soil conservation plan developed and implemented in cooperation with the district. (b) The provisions of (a) of this section do not apply to (1) liability resulting from improper, illegal, or negligent conduct of agricultural operations; or (2) flooding caused by the agricultural operation. (c) The provisions of (a) of this section supersede a municipal ordinance, resolution, or regulation to the contrary. (d) In this section, (1) “agricultural facility” means any land, building, structure, pond, impoundment, appurtenance, machinery, or equipment that is used or is intended for use in the commercial production or processing of crops, livestock, or livestock products, or that is used in aquatic farming; (2) “agricultural operation” means (A) any agricultural and farming activity such as (i) the preparation, plowing, cultivation, conserving, and tillage of the soil; (ii) dairying; (iii) the operation of greenhouses; (iv) the production, cultivation, rotation, fertilization, growing, and harvesting of an agricultural, floricultural, apicultural, or horticultural crop or commodity; (v) the breeding, hatching, raising, producing, feeding, keeping, slaughtering, or processing of livestock; (vi) forestry or timber harvesting, manufacturing, or processing operations; (vii) the application and storage of pesticides, herbicides, animal manure, treated sewage sludge or chemicals, compounds, or substances to crops, or in connection with the production of crops or livestock; (viii) the manufacturing of feed for poultry or livestock; (ix) aquatic farming; (x) the operation of roadside markets; and (B) any practice conducted on the agricultural facility as an incident to or in conjunction with activities described in (A) of this paragraph, including the application of existing, changed, or new technology, practices, processes, or procedures; (3) “livestock” means horses, cattle, sheep, bees, goats, swine, poultry, reindeer, elk, bison, musk oxen, and other animals kept for use or profit.
AK Stat § 09.45.240 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 5. Nuisances.|Sec. 09.45.240. Manner of abatement.

If judgment is in favor of the plaintiff, an order may issue at any time within six months of the date of the judgment at plaintiff's request directing the issuance of a warrant to a peace officer to abate the nuisance. The expense of abating the nuisance is a part of the judgment and may be enforced by execution against the property of the defendant.
AK Stat § 09.45.250 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 5. Nuisances.|Sec. 09.45.250. Order staying issue of warrant.

At any time before the order is made, the defendant may apply to the court for an order to stay the issuance of the warrant for a period not exceeding six months to allow the defendant to abate the nuisance. The court may grant the stay if the defendant gives an undertaking to the plaintiff in a sufficient amount and with satisfactory sureties that the issuance will be abated within the time and in the manner specified in the order. If the defendant fails to abate the nuisance within the time specified, an order directing the issuance of the warrant for the abatement of the nuisance may be made.
AK Stat § 09.45.255 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 5. Nuisances.|Sec. 09.45.255. Definition of nuisance.

In AS 09.45.230 - 09.45.255, “nuisance” means a substantial and unreasonable interference with the use or enjoyment of real property, including water.
AK Stat § 09.45.260 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.260. Right of action for partition or sale.

When several persons own real property as tenants in common, in which one or more of them have an estate of inheritance or for life or years, or when real property is subject to a life estate with remainder over, an action may be brought by one or more of those persons or by the life tenant for a portion of it according to the respective rights of the interested persons, and for a sale of the property or a part of it if it appears that a partition cannot be had without great prejudice to the parties.
AK Stat § 09.45.270 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.270. Lien on undivided interest.

Where a lien is on an undivided interest or estate of any of the parties and a partition is made, the lien is then only upon the share assigned to that party, but the share shall first be charged with its just proportion of the costs of the partition, in preference to the lien.
AK Stat § 09.45.280 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.280. Determination of rights of parties.

The rights of the several parties may be determined in the action. If a party having a share or interest in or lien upon the property is unknown, or any of the known parties reside out of the state or cannot be found in the state, the summons may be served upon the absent or known party by publication as in other actions. Where a sale of the property is necessary, the title shall be ascertained by proof to the satisfaction of the court before the sale may be ordered.
AK Stat § 09.45.290 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.290. Order for partition or sale.

If it appears that the property or a part of it is so situated that partition cannot be made without great prejudice to the owners, the court may order a sale of the property. Otherwise, upon the requisite proofs being made, the court shall order a partition according to the respective rights of the parties as ascertained by it, may appoint one or more referees to partition the property, and shall designate the portion to remain undivided for the owners whose interests remain unknown or are not ascertained.
AK Stat § 09.45.300 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.300. Report of referees.

In making the partition the referees shall divide the property and allot its several portions to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court, and designating the several portions by proper landmarks. The referees may employ a surveyor with the necessary assistants to aid them.
AK Stat § 09.45.310 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.310. Effect of judgment.

Upon hearing and confirmation of the report, the court shall give judgment that the partition be effectual forever, which judgment is binding and conclusive on (1) all parties named as parties to the action, and their legal representatives, who have at the time an interest in the property divided or a part of it as owners in fee or as tenants for life or for years or as entitled to the reversion, remainder, or inheritance of the property or a part of it, after the termination of a particular estate, and who by any contingency may be entitled to a beneficial interest in the property or who have an interest in an undivided share of it as tenants for years or for life; (2) persons interested in the property, who may be unknown, to whom notice was given of the action for partition by publication; (3) other persons claiming from the parties or persons or either of them.
AK Stat § 09.45.320 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.320. Tenant not affected by judgment.

The judgment and partition may not affect tenants for years or for life of the whole of the property that is the subject of partition, and may not preclude any person except those specified in AS 09.45.310 from claiming title to the property in question or from contraverting the title of the parties between whom the partition was made.
AK Stat § 09.45.330 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.330. Order of sale.

If it appears by evidence to the satisfaction of the court that a partition cannot be made without great prejudice to the owners, it shall order a sale of the property.
AK Stat § 09.45.340 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.340. Estate of life or years.

When a part of the property only is ordered to be sold, if there is an estate for life or years in an undivided share of the property, the estate may be set off in a part of the property not ordered to be sold.
AK Stat § 09.45.350 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.350. Reference to determine liens.

If it appears that there are outstanding liens upon the property or a part of it and the persons holding the liens were not made parties to the action, the court may appoint a referee to ascertain whether or not those liens have been paid, and, if not paid, what amount remains due, and their order among the liens severally held by those persons and the parties to the action.
AK Stat § 09.45.360 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.360. Appearance of lienholders before referee.

Persons having outstanding liens shall be notified to appear before the referee at a specified time and place to prove the amount due or to become due, contingently or absolutely.
AK Stat § 09.45.370 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.370. Effect of confirmation of report.

If the report of the referee is confirmed by the court, the order of confirmation is binding and conclusive on the parties to the action and upon the lien creditors who have been duly served with notice to appear before the referee.
AK Stat § 09.45.380 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.380. Application of proceeds from sale of encumbered property.

The proceeds of the sale of the encumbered property shall be applied under the direction of the court as follows: (1) to pay its just proportion of the general cost of the action; (2) to pay the costs of the reference; (3) to satisfy the several liens in their order of priority by payment of the sums due and to become due; (4) the residue among the owners of the property sold according to their respective shares, as found by the court.
AK Stat § 09.45.390 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.390. Lienholder having other securities.

When a party to an action or a person who holds a lien upon the property or a part of it has other securities for the payment of the amount of the lien, the court may order the securities to be exhausted before a distribution of the proceeds of sale, or may order a just deduction to be made from the amount of the lien on the property on that account.
AK Stat § 09.45.400 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.400. Distribution of proceeds of sale.

The proceeds of sale and the securities taken by the referees, or a part of the proceeds shall be distributed to the persons entitled to them whenever the court directs. But if no direction is given, all the proceeds and securities shall be paid into court.
AK Stat § 09.45.410 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.410. Continuation of action to determine claims to proceeds.

When the proceeds of the sale of a share or parcel belonging to persons who are parties to the action are paid into court, the action may be continued as between the parties for the determination of their respective claims to the proceeds, which shall be ascertained and adjudged by the court. Further testimony may be taken in court or by a referee at the discretion of the court, and the court may, if necessary, require the parties to present the facts or law in controversy by pleadings as in an original action.
AK Stat § 09.45.420 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.420. Sale procedure.

All sales of real property made by the referee shall be made at public auction to the highest bidder in the manner required for the sale of real property on execution. The notice must state the time, place, and terms of sale, and, if the property or a part of it is to be sold subject to a prior estate, charge, or lien, that shall be stated in the notice.
AK Stat § 09.45.430 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.430. Credit terms.

In the order of sale, the court shall direct the terms of credit that may be allowed for the purchase money of a portion of the premises of which it may direct a sale on credit, and for that portion of which the purchase money is required, by the provisions contained in AS 09.45.260 - 09.45.620, to be invested for the benefit of unknown owners, infants, and parties out of the state.
AK Stat § 09.45.440 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.440. Credit security.

Separate mortgages and other securities may be taken for the whole or convenient portions of the purchase money of those parts of the property directed by the court to be sold on credit in the name of any known owner of full age, otherwise competent, or in the name of the clerk of the court as the court directs.
AK Stat § 09.45.450 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.450. Disposal of estate for life or years.

When the estate of a tenant for life or years in a undivided part of the property in question is admitted by the parties or ascertained by the court to be existing at the time of the order of sale, and the person entitled to that estate is a party to the action, the estate may be first set off out of a part of the property and a sale made of that part, subject to the estate of that tenant in that part. But, if in the judgment of the court a due regard to the interest of all the parties requires the sale of that estate also, the sale may be ordered.
AK Stat § 09.45.460 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.460. Compensation for sale of estate for life or years.

A person entitled to an estate for life or years in an undivided part of the property, whose estate has been sold, is entitled to receive a sum as reasonable satisfaction for the estate, the sum being based on principles of law applicable to annuities. The person so entitled shall consent to accept the sum for the person's estate by an instrument duly acknowledged or proved in the same manner as deeds for the purpose of record and filed with the clerk of court.
AK Stat § 09.45.470 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.470. Determination of value of estate for life or years sold without consent.

If the consent is not given under AS 09.45.460, before the report of sale, the court shall determine what proportion of the proceeds of the sale, after deducting expenses, is a just and reasonable sum to be invested for the benefit of the person entitled to the estate for life or years, and shall order the sum to be deposited in court for investment.
AK Stat § 09.45.480 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.480. Rules for determining value.

(a) The proportion of the proceeds of the sale to be invested under AS 09.45.470 shall be determined as follows: if an estate for life or years be included in the order of sale, its proportion shall be the whole proceeds of the sale of the property, or of the sale of the undivided share in which that estate may be. (b) In all cases, the proportion of the expenses of the proceeding shall be deducted from the proceeds of the sale.
AK Stat § 09.45.490 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.490. Protection of unknown tenants.

If the persons entitled to the estate for life or years are unknown, the court shall provide for the protection of their rights in a similar manner, as far as possible, as if they were known and had appeared.
AK Stat § 09.45.500 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.500. Vested or contingent future rights or estate.

In cases of sales in partition, when it appears that a person has a vested or contingent future right or estate in any of the property sold, the court shall determine the proportional value of the contingent or vested right or estate according to the principles of law applicable to annuities and survivorship, and shall direct that portion of the proceeds of the sale to be invested, secured, or paid over in a manner that will protect the rights and interests of the parties.
AK Stat § 09.45.510 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.510. Separate sales of farms or lots.

The terms of sales of property shall be known at the time of sale, and, if the premises consist of distinct farms or lots, they shall be sold separately unless the court directs otherwise.
AK Stat § 09.45.530 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.530. Report of sale.

After the sale of property ordered to be sold, a report shall be made to the court, with a description of the different parcels of lands sold to each purchaser, the name of the purchaser, the price paid or secured, the terms and conditions of the sale, and any securities taken.
AK Stat § 09.45.540 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 45. Actions Relating to Real Property|Article 6. Partition.|Sec. 09.45.540. Confirmation or vacation of sale.

(a) After the filing of the report, a party entitled to a share of the proceeds may move the court to confirm or set aside the sale or sales reported. If the sale is set aside, the court may order a new sale. If the sale is confirmed, the court shall enter an order directing conveyances to be executed and securities to be taken under the sale. (b) The order confirming the sale discharges the property of the estate or interest of every person mentioned in AS 09.45.310 and of tenants for life or years of the property sold, and is binding and conclusive on all those persons in the same manner as a judgment of partition. The order is conclusive evidence as to the regularity of the proceedings relating to the sale.