reglab/housing_qa huggingface dataset:
AK Stat § 09.55.410 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 4. Eminent Domain.|Sec. 09.55.410. Withdrawal of funds by party in interest.

The money deposited in the court or a part of it may be withdrawn by a party in interest in the manner provided in AS 09.55.440, and the court shall have the power to direct the payment of delinquent taxes and special assessments out of the amount determined to be just compensation and to make orders with respect to encumbrances, liens, rents, insurance, and other charges as are just and equitable.
AK Stat § 09.55.420 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 4. Eminent Domain.|Sec. 09.55.420. Declaration of taking by state or municipality.

(a) Where a proceeding is instituted under AS 09.55.240 - 09.55.460 by the state, it may file a declaration of taking with the complaint or at any time after the filing of the complaint, but before judgment. Where a proceeding is instituted under AS 09.55.240 - 09.55.460 by a municipality in the exercise of eminent domain for street or highway, off-street automobile parking facilities, school, sewer, water, telephone, electric, other utility, and slum clearance purposes or use granted to cities of the first class, the governing body of the municipality may exercise the power through the filing of a declaration of taking with the complaint or at any time after the filing of the complaint, but before judgment. The declaration of taking procedure may not be used with relation to the property of rural electrification or telephone cooperatives or nonprofit associations receiving financial assistance from the federal government under the Rural Electrification Act; provided that no declaration of taking for off-street parking purposes may be used unless there has been public notice by publication in a newspaper of general circulation in the area for not less than once a week for four consecutive weeks followed by a full and complete public hearing held before the governing body of the first class city or municipality. (b) [Repealed, § 15 ch 59 SLA 1982.]
AK Stat § 09.55.430 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 4. Eminent Domain.|Sec. 09.55.430. Contents of declaration of taking.

The declaration of taking must contain (1) a statement of the authority under which the property or an interest in it is taken; (2) a statement of the public use for which the property or an interest in it is taken; (3) a description of the property sufficient for the identification of it; (4) a statement of the estate or interest in the property; (5) a map or plat showing the location of the property; (6) a statement of the amount of money estimated by the plaintiff to be just compensation for the property or the interest in it; (7) a statement that the property is taken by necessity for a project located in a manner that is most compatible with the greatest public good and the least private injury.
AK Stat § 09.55.440 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 4. Eminent Domain.|Sec. 09.55.440. Vesting of title and compensation.

(a) Upon the filing of the declaration of taking and the deposit with the court of the amount of the estimated compensation stated in the declaration, title to the estate as specified in the declaration vests in the plaintiff, and that property is condemned and taken for the use of the plaintiff, and the right to just compensation for it vests in the persons entitled to it. The compensation shall be ascertained and awarded in the proceeding and established by judgment. The judgment must include interest at the rate of 10.5 percent a year on the amount finally awarded that exceeds the amount paid into court under the declaration of taking. The interest runs from the date title vests to the date of payment of the judgment. (b) Upon motion of a party in interest and notice to all parties, the court may order that the money deposited or a part of it be paid immediately to the person or persons entitled to it for or on account of the just compensation to be awarded in the proceedings. If the compensation finally awarded exceeds the amount of money deposited, the deposit shall be offset against the award. If the compensation finally awarded is less than the amount of money deposited, the court shall enter judgment in favor of the plaintiff and against the proper parties for the amount of the excess.
AK Stat § 09.55.450 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 4. Eminent Domain.|Sec. 09.55.450. Right of entry and possession.

(a) Upon the filing of the declaration of taking and the deposit of the estimated compensation, the court may, upon motion, fix the time during which and the terms upon which the parties in possession are required to surrender possession to the petitioner. However, the right of entry may not be granted the plaintiff until after the running of the time for the defendant to file an objection to the declaration of taking or until after the hearing on any objection to the declaration of taking if the objection is made in the time allowed by law. Where the party in possession withdraws any part of the award and remains in possession, the court may fix a reasonable rental for the premises to be paid by that party to the plaintiff during such possession. (b) The court may direct the payment of delinquent taxes and special assessments out of the amount determined to be just compensation, and make orders with respect to encumbrances, liens, rents, insurance, and other charges as are just and equitable. (c) The right to take possession and title in advance of final judgment where a declaration of taking is filed is in addition to any other rights to take possession provided in AS 09.55.240 - 09.55.460.
AK Stat § 09.55.460 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 4. Eminent Domain.|Sec. 09.55.460. Effect of appeal.

(a) An appeal or a bond or undertaking given does not operate to prevent or delay the vesting of title to real property or the right to possession of it. (b) The plaintiff may not be divested of a title or possession acquired except where the court finds that the property was not taken by necessity for a public use or purpose in a manner compatible with the greatest public good and the least private injury. In the event of that finding, the court shall enter the judgment necessary to (1) compensate the persons entitled to it for the period during which the property was in the possession of the plaintiff, (2) recover for the plaintiff any award paid to any person, and (3) order the plaintiff to restore the property to the condition in which it existed at the time of the filing of the declaration of taking unless such restoration is impossible, in which case the court shall award damages to the proper persons as compensation for any diminution in the value of the property caused by the plaintiff's wrongful possession.
AK Stat § 09.55.470 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 5. Official Bonds, Fines, and Forfeitures.|Sec. 09.55.470. Suits on undertakings.

(a) The official undertaking or other security of a public officer to the state, a borough, city, town, or other municipal or public corporation of like character therein is considered a security to the state or to the borough, city, town, or other municipal or public corporation, as the case may be, and also to all persons severally for the official delinquency against which it is intended to provide. (b) When a public officer, by official misconduct or neglect of duty, forfeits the officer's official undertaking or other security or renders the sureties liable upon the undertaking or other security, a person injured by the misconduct or neglect or who is by law entitled to the benefit of the security may maintain an action thereon in the person's own name against the officer and the sureties to recover the amount to which the person may be entitled.
AK Stat § 09.55.480 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 5. Official Bonds, Fines, and Forfeitures.|Sec. 09.55.480. Subsequent actions on same undertaking.

A judgment in favor of a party for one delinquency does not preclude the same or another party from maintaining another action on the same undertaking or other security for another delinquency.
AK Stat § 09.55.490 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 5. Official Bonds, Fines, and Forfeitures.|Sec. 09.55.490. Amount of judgment.

In an action upon an official undertaking or other security, if judgment has already been recovered against the surety therein other than by confession equal in the aggregate to the penalty or a part of the penalty of the undertaking or other security and if the recovery be established on the trial, judgment may not be given against the surety for an amount exceeding the penalty or such portion of the penalty as is not already recovered against the surety.
AK Stat § 09.55.500 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 5. Official Bonds, Fines, and Forfeitures.|Sec. 09.55.500. Actions for fines or forfeitures.

Fines and forfeitures may be recovered by an action in the name of the state or the officer or person to whom they were given by law, or in the name of the state, officer, or person who is authorized to prosecute for them.
AK Stat § 09.55.510 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 5. Official Bonds, Fines, and Forfeitures.|Sec. 09.55.510. Amount that may be claimed and recovered.

When an action is commenced for a penalty that by law is not to exceed a certain amount, the action may be commenced for that amount, and, if the judgment is given for the plaintiff, it may be for that amount or less, in the discretion of the court, in proportion to the offense.
AK Stat § 09.55.520 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 5. Official Bonds, Fines, and Forfeitures.|Sec. 09.55.520. Collusive judgment not a bar to another action.

Recovery of a judgment for a penalty or forfeiture obtained by collusion between the plaintiff and defendant with intent to save the defendant wholly or partially from the consequence contemplated by law in cases where penalty or forfeiture is given wholly or partly to the person who prosecutes, does not bar the recovery of a penalty or forfeiture by another person in a separate action.
AK Stat § 09.55.530 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 6. Medical Malpractice Actions.|Sec. 09.55.530. Declaration of purpose.

The legislature considers that there is a need in Alaska to codify the law with regard to medical liability in order to establish that the law in Alaska in this regard is the same as elsewhere.
AK Stat § 09.55.540 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 6. Medical Malpractice Actions.|Sec. 09.55.540. Burden of proof.

(a) In a malpractice action based on the negligence or wilful misconduct of a health care provider, the plaintiff has the burden of proving by a preponderance of the evidence (1) that the plaintiff had a health care provider-patient relationship with the defendant at the time of the act complained of; (2) the degree of knowledge or skill possessed or the degree of care ordinarily exercised under the circumstances, at the time of the act complained of, by health care providers in the field or specialty in which the defendant is practicing; (3) that the defendant either lacked this degree of knowledge or skill or failed to exercise this degree of care; and (4) that, as a proximate result of this lack of knowledge or skill or the failure to exercise this degree of care, the plaintiff suffered injuries that would not otherwise have been incurred. (b) In malpractice actions there is no presumption of negligence on the part of the defendant. (c) In this section, “health care provider-patient relationship” means a relationship between a health care provider and a patient formed for the purpose of the health care provider providing examination, diagnosis, or treatment to the patient.
AK Stat § 09.55.544 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 6. Medical Malpractice Actions.|Sec. 09.55.544. Evidence.

(a) In a civil action or arbitration under AS 09.55.530 - 09.55.560, notwithstanding AS 09.43.050(2), 09.43.420(a), or 09.43.440(e), the following are not admissible as evidence: (1) an expression of apology, sympathy, commiseration, compassion, or benevolence made orally, by conduct, or in writing by a health care provider or an employee of a health care provider to a patient, the patient's relative, or a legal representative of a patient concerning an unanticipated outcome of medical treatment or care regarding the patient's discomfort, pain, suffering, injury, or death; (2) evidence of an offer made by a health care provider to a patient, the patient's relative, or a legal representative of a patient to correct or remediate an unanticipated outcome of medical treatment or care; (3) evidence of conduct or statements by a health care provider to furnish, offer, accept, or promise to furnish or accept valuable consideration to compromise or attempt to compromise or settle a medical malpractice claim disputed as to validity or amount; (4) evidence of furnishing, offering, or promising to pay medical, hospital, or similar expenses, in full or in part, by a health care provider following an unanticipated outcome of medical treatment or care; (5) evidence of a health care provider requesting, demanding, inquiring, or directing another to write-off, offer, or promise to pay medical, hospital, or similar expenses, in whole or in part, following an unanticipated outcome of medical treatment or care. (b) If an expression of apology, sympathy, commiseration, compassion, or benevolence made under (a)(1) of this section is made in conjunction with an admission of liability or negligence, only the expression of apology, sympathy, commiseration, compassion, or benevolence is inadmissible, and the admission of liability or negligence may be admissible as evidence. (c) This section does not apply to an offer of judgment under AS 09.30.065. (d) In this section, (1) “legal representative” means a legal guardian, attorney, person designated to make decisions on behalf of a patient under a power of attorney, or patient's agent; (2) “relative” means (A) the spouse of the patient; (B) a parent, grandparent, stepparent, child, stepchild, grandchild, brother, sister, half brother, or half sister of the patient; (C) a parent of the patient's spouse; or (D) an individual adopted by the patient.
AK Stat § 09.55.545 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 6. Medical Malpractice Actions.|Sec. 09.55.545. Agreement to correct unanticipated outcome or settle claim; legal advice.

An agreement to correct an unanticipated outcome of medical treatment or care or to settle a claim of medical malpractice made between a health care provider and a patient or the patient's legal representative is voidable if the health care provider has not advised the patient or the patient's legal representative in writing that the patient or the patient's legal representative may seek legal advice.
AK Stat § 09.55.546 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 6. Medical Malpractice Actions.|Sec. 09.55.546. Advance payments.

In an action to recover damages under AS 09.55.530 - 09.55.560, no advance payment made by the defendant health care provider or the professional liability insurer of the defendant to or on behalf of the plaintiff is admissible as evidence or may be construed as an admission of liability for injuries or damages suffered by the plaintiff; however, a final award in favor of the plaintiff shall be reduced to the extent of any advance payment. The advance payment shall inure to the exclusive benefit of the defendant or the insurer making the payment.
AK Stat § 09.55.547 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 6. Medical Malpractice Actions.|Sec. 09.55.547. Pleading of damages.

In a cause of action against a health care provider for malpractice, the complaint or any other pleadings may not contain an ad damnum clause or monetary amount claimed against the defendant health care provider, except as necessary for jurisdictional purposes.
AK Stat § 09.55.548 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 6. Medical Malpractice Actions.|Sec. 09.55.548. Awards, collateral source.

(a) Damages shall be awarded in accordance with principles of the common law. The fact finder in a malpractice action shall render any award for damages by category of loss. The court may enter a judgment that future damages be paid in whole or in part by periodic payments rather than by a lump-sum payment; the judgment must include, if necessary, other provisions to assure that funds are available as periodic payments become due. Insurance from an authorized insurer as defined in AS 21.97.900 is sufficient assurance that funds will be available. Any part of the award that is paid on a periodic basis shall be adjusted annually according to changes in the consumer price index in the community where the claimant resides. In this subsection, “future damages” includes damages for future medical treatment, care or custody, loss of future earnings, or loss of bodily function of the claimant. (b) Except when the collateral source is a federal program that by law must seek subrogation and except death benefits paid under life insurance, a claimant may only recover damages from the defendant that exceed amounts received by the claimant as compensation for the injuries from collateral sources, whether private, group, or governmental, and whether contributory or noncontributory. Evidence of collateral sources, other than a federal program that must by law seek subrogation and the death benefit paid under life insurance, is admissible after the fact finder has rendered an award. The court may take into account the value of claimant's rights to coverage exhausted or depleted by payment of these collateral benefits by adding back a reasonable estimate of their probable value, or by earmarking and holding for possible periodic payment under (a) of this section that amount of the award that would otherwise have been deducted, to see if the impairment of claimant's rights actually takes place in the future.
AK Stat § 09.55.549 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 6. Medical Malpractice Actions.|Sec. 09.55.549. Limitation on damages from health care provider's services.

(a) Notwithstanding AS 09.17.010, noneconomic damages for personal injury or death based on the provision of services by a health care provider may only be awarded as provided in this section. (b) In an action to recover damages for personal injury or wrongful death based on the provision of services by a health care provider, damages may include both economic and noneconomic damages. (c) Damage claims for noneconomic losses shall be limited to compensation for pain, suffering, inconvenience, physical impairment, disfigurement, loss of enjoyment of life, loss of consortium, and other nonpecuniary damage, but may not include hedonic damages. (d) Except as provided in (e) of this section, the damages awarded by a court or a jury under (c) of this section for all claims including a loss of consortium claim or other derivative claim arising out of a single injury may not exceed $250,000 regardless of the number of health care providers against whom the claim is asserted or the number of separate claims or causes of action brought with respect to the injury. (e) The damages awarded by a court or jury under (c) of this section for all claims including a loss of consortium claim or other derivative claim arising out of a single injury or death may not exceed $400,000 regardless of the number of health care providers against whom the claim is asserted or the number of separate claims or causes of action brought with respect to the injury or death when damages are awarded for wrongful death or severe permanent physical impairment that is more than 70 percent disabling. (f) The limitation on noneconomic damages in this section does not apply if the damages resulted from an act or omission that constitutes reckless or intentional misconduct. (g) Multiple injuries sustained by one person as a result of a single course of treatment shall be treated as a single injury for purposes of this section. (h) In this section, (1) “economic damages” means objectively verifiable monetary losses incurred as a result of the provision of, use of, or payment for, or failure to provide, use, or pay for health care services or medical products, and includes past and future medical expenses, loss of past and future earnings, cost of obtaining domestic services, burial expenses, loss of use of property, cost of replacement or repair, loss of employment, and loss of business or employment opportunities; (2) “health care provider” has the meaning given in AS 09.55.560 and includes a state agency or municipality the health care services of which are the subject of an action that is subject to this section; (3) “hedonic damages” means damages that attempt to compensate for the pleasure of being alive.
AK Stat § 09.55.550 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 6. Medical Malpractice Actions.|Sec. 09.55.550. Jury instructions.

In medical malpractice actions the jury shall be instructed that the plaintiff has the burden of proving the health care provider's negligence or wilful misconduct in accordance with the standard of proof specified in AS 09.55.540. The jury shall be further instructed that injury alone does not raise a presumption of the health care provider's negligence or misconduct.
AK Stat § 09.55.554 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 55. Special Actions and Proceedings|Article 6. Medical Malpractice Actions.|Sec. 09.55.554. Immunity for oral contracts.

A cause of action against a health care provider does not arise for breach of an oral contract to provide a cure or achieve a specific medical result.