reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 50. Actions Where State a Party › Article 2. Abatement of Illegal Uses of Premises. › Sec. 09.50.175. Admissibility of evidence to prove nuisance.

In an action brought under AS 09.50.170(a) to prove the existence of a nuisance, the court may consider
(1) evidence of reputation within a community;
(2) evidence derived from records of the courts of the state or of the United States that relate to previous complaints concerning alleged violations of, and to arrests for or convictions of violations of, laws based on activity set out in AS 09.50.170.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 50. Actions Where State a Party › Article 2. Abatement of Illegal Uses of Premises. › Sec. 09.50.180. Injunction.

When there is reason to believe that a nuisance as defined in AS 09.50.170 - 09.50.240 exists, the attorney general shall, or a citizen, or a home rule municipality if the nuisance is located in the home rule municipality, may, bring an action to perpetually enjoin the nuisance, the person maintaining it, and the owner, lessee, or agent of the building or group upon which the nuisance exists.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 50. Actions Where State a Party › Article 2. Abatement of Illegal Uses of Premises. › Sec. 09.50.190. Dismissal.

If the complaint is filed by a citizen, the action may be dismissed only upon approval of the attorney general and affidavit of the complainant and the complainant's attorney giving the reasons why the suit should be dismissed. The court may refuse to dismiss the suit and may direct the attorney general to prosecute the action.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 50. Actions Where State a Party › Article 2. Abatement of Illegal Uses of Premises. › Sec. 09.50.200. Contempt proceeding.

If an injunction granted under the provisions of AS 09.50.170 - 09.50.240 is violated, the court may summarily try and punish the offender. A party found guilty of contempt under the provisions of AS 09.50.170 - 09.50.240 is punishable by a fine of not more than $1,000, or by imprisonment for not less than three months nor more than six months, or by both.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 50. Actions Where State a Party › Article 2. Abatement of Illegal Uses of Premises. › Sec. 09.50.210. Order of abatement.

(a) If the court finds and enters judgment that a nuisance exists, the court shall enter an order of abatement. The order of abatement must direct
(1) termination of the lease or rental agreement, if any, on the premises subject to the order of abatement, if the tenant who occupies under the lease or rental agreement has been given notice of the proceedings under AS 09.50.170 - 09.50.240;
(2) the removal from the building or place of the fixtures, furniture, and movable property used in the nuisance and their sale in the manner provided for the sale of chattels under execution;
(3) the closing of the building or place against its use for any purpose for a period of one year unless sooner released.
(b) A person who breaks and enters or uses a building, structure, or other place directed to be closed by an order entered under (a)(3) of this section is guilty of contempt and shall be punished for contempt as provided in AS 09.50.200.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 50. Actions Where State a Party › Article 2. Abatement of Illegal Uses of Premises. › Sec. 09.50.220. Proceeds of sale.

(a) The proceeds of the sale of the contents shall be applied as follows:
(1) to the payment of fees and costs of the removal and sale;
(2) to payment of the allowances and costs of closing and keeping closed the buildings or places;
(3) to the payment of plaintiff's costs;
(4) to the payment of any balance remaining to the owner of the property sold.
(b) If the proceeds do not fully discharge all the costs, fees, and allowances, the premises may also be sold under execution issued upon the order of the court and the proceeds of the sale applied in like manner. However, the building or realty in which the nuisance is conducted or real estate on which it stands may not be subject to a lien, judgment, or costs unless the owner, or an agent or representative of the owner, has been duly served with process in the action and been given an opportunity to show good faith and to immediately abate the nuisance.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 50. Actions Where State a Party › Article 2. Abatement of Illegal Uses of Premises. › Sec. 09.50.230. Release of premises to owner.

(a) The court may order premises abated under AS 09.50.210 delivered to the owner and cancel the order of abatement if the owner of the premises
(1) has not been guilty of a contempt in the proceedings;
(2) appears and pays all costs, fees, and allowances that are a lien on the premises; and
(3) files a bond with sureties approved by the court in an amount determined by the court to the effect that the owner will abate the nuisance that exists at the building or place and prevent the nuisance from being established within a period of one year thereafter.
(b) The lease of the property does not release it from a judgment, lien, penalty, or liability to which it may be subject by law.
(c) A cancellation of the order of abatement does not affect a termination of a lease or rental agreement made under AS 09.50.210(a)(1).
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 50. Actions Where State a Party › Article 2. Abatement of Illegal Uses of Premises. › Sec. 09.50.240. Fine for contempt as lien on premises.

A fine imposed as punishment for contempt against the owner is a lien upon the premises to the extent of the interest of that person in the premises and is enforceable and collectible by execution issued by the order of the court.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 50. Actions Where State a Party › Article 3. Claims Against the State or State Employees. › Sec. 09.50.250. Actionable claims against the state.

A person or corporation having a contract, quasi-contract, or tort claim against the state may bring an action against the state in a state court that has jurisdiction over the claim. A person who may present the claim under AS 44.77 may not bring an action under this section except as set out in AS 44.77.040(c). A person who may bring an action under AS 36.30.560 - 36.30.695 may not bring an action under this section except as set out in AS 36.30.685. However, an action may not be brought if the claim
(1) is an action for tort, and is based upon an act or omission of an employee of the state exercising due care in the execution of a statute or regulation, whether or not the statute or regulation is valid; or is an action for tort, and based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a state agency or an employee of the state, whether or not the discretion involved is abused;
(2) is for damages caused by the imposition or establishment of, or the failure to impose or establish, a quarantine or isolation, or by other actions, by the state or its agents, officers, or employees under AS 18.15.355 - 18.15.395, except for damages caused by negligent medical treatment provided under AS 18.15.355 - 18.15.395 by a state employee, or except that, if a state employee quarantines or isolates a person with gross negligence or in intentional violation of AS 18.15.385, the state shall pay to the person who was quarantined or isolated a penalty of $500 for each day of the improper quarantine;
(3) arises out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights;
(4) arises out of the use of an ignition interlock device certified under AS 33.05.020(c); or
(5) arises out of injury, illness, or death of a seaman that occurs or manifests itself during or in the course of, or arises out of, employment with the state; AS 23.30 provides the exclusive remedy for such a claim, and no action may be brought against the state, its vessels, or its employees under the Jones Act (46 U.S.C. 30104 - 30105), in admiralty, or under the general maritime law.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 50. Actions Where State a Party › Article 3. Claims Against the State or State Employees. › Sec. 09.50.270. Payment of judgment against the state.

An attachment or execution may not issue against the state. When a final judgment is rendered against the state in an action, the clerk of the court shall immediately transmit a certified copy of the judgment to the Department of Administration which shall either approve payment of the judgment against the state if a sufficient appropriation exists for payment, or audit the amount and transmit a copy to the legislature with the recommendation that an appropriation be made for its payment.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 50. Actions Where State a Party › Article 3. Claims Against the State or State Employees. › Sec. 09.50.280. Judgment for plaintiff; punitive damages.

If judgment is rendered for the plaintiff, it shall be for the legal amount found due from the state with interest as provided under AS 09.30.070 and without punitive damages.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 50. Actions Where State a Party › Article 3. Claims Against the State or State Employees. › Sec. 09.50.300. Compromise by attorney general.

Except as provided in AS 09.50.253, the attorney general may, with the approval of the court, arbitrate, compromise, or settle any action filed under AS 09.50.250 - 09.50.300.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 50. Actions Where State a Party › Article 4. Usurpation. › Sec. 09.50.310. Action for usurpation of office or franchise.

An action may be brought by the attorney general upon the attorney general's own information or upon complaint of a private party against (1) a person who usurps, intrudes into, or unlawfully holds or exercises a public office, civil or military, or a franchise, or an office in a corporation, either public or private; (2) a public officer who has acted to forfeit the office; or (3) any number of persons acting as a corporation without being incorporated.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 50. Actions Where State a Party › Article 4. Usurpation. › Sec. 09.50.320. Action on information or application of private party.

When the action is brought upon the information or application of a private party, the attorney general may require that party to enter into an undertaking with sureties to be approved by the attorney general, conditioned on that party's paying a judgment for costs or damages recovered against the plaintiff and costs and expenses incurred in the prosecution of the action.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 50. Actions Where State a Party › Article 4. Usurpation. › Sec. 09.50.330. Determination of rights of defendant and claimant.

When the action is brought and the claim is made that another person is rightfully entitled to the office, judgment may be given upon the right of the defendant and also upon the right of the person so claimed to be entitled, or only upon the right of the defendant as justice may require.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 50. Actions Where State a Party › Article 4. Usurpation. › Sec. 09.50.350. Recovery of damages by claimant; civil arrest.

If judgment is for the person claiming the franchise or office, that person may recover the damages that may have been sustained by reason of the usurpation of the office by the defendant. In the action, the defendant may be provisionally arrested and held to bail in the manner as in actions where the defendant is subject to arrest.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 50. Actions Where State a Party › Article 4. Usurpation. › Sec. 09.50.370. Judgment against defendant.

If a defendant is adjudged guilty of usurping or intruding into or unlawfully holding or exercising an office or franchise, judgment shall be given that the defendant be excluded from holding or exercising the office or franchise. The court may also, in its discretion, impose a fine upon the defendant of not more than $2,000. If a corporation is defendant and a judgment is given that causes the corporation to cease to exist, the corporation shall dissolve.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 50. Actions Where State a Party › Article 4. Usurpation. › Sec. 09.50.380. Enforcement of judgment for costs.

A judgment given in an action provided for in AS 09.50.310 - 09.50.380 in respect to costs and disbursements may be enforced by execution as a judgment that requires the payment of money.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 50. Actions Where State a Party › Article 6. Pleadings. › Sec. 09.50.390. Nature of state interest.

A complaint or pleading naming the State of Alaska as a defendant must set out, with such particularity as reasonably available information will permit, the nature of the interest or lien of the state. In actions or suits involving liens of the state, the complaint or pleading must include the name and address, if known, of the person whose liability created the lien and, if a notice of the lien was recorded, the amount shown on the lien, the department of the state government involved, the recording district, and the book and page on which the lien was recorded or the serial number assigned to the lien by the recorder.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 55. Special Actions and Proceedings › Article 1. Change of Name. › Sec. 09.55.010. Jurisdiction in action for change of name; notice.

(a) A person may bring an action for change of name in the superior court. A change of name of a person may not be made unless the court finds sufficient reasons for the change and also finds it consistent with the public interest. A change of name upon marriage, dissolution, or divorce meets these requirements.
(b) A person seeking a change of name under this section shall notify the court if the person is
(1) committed to the custody of the Department of Corrections, on probation under AS 33.05, or on parole under AS 33.16; a person subject to this paragraph shall provide proof satisfactory to the court that notice of the petition has been provided to the person's assigned probation or parole officer;
(2) required to register as a sex offender under AS 12.63; a person subject to this paragraph shall provide proof satisfactory to the court that notice of the petition has been provided by the Department of Public Safety; or
(3) charged with an offense; a person subject to this paragraph shall provide the court with the case number associated with the offense.
(c) In addition to the requirements provided under (a) of this section, a court may not grant a change of name of a person subject to (b) of this section unless the court finds that the change
(1) does not have a fradulent purpose;
(2) is not intended to hinder or obstruct law enforcement purposes; and
(3) would not interfere with the rights of others.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 55. Special Actions and Proceedings › Article 2. Declaration of Death. › Sec. 09.55.020. Petition and inquiry.

If a petition is presented by an interested person to a district judge or magistrate alleging that a designated person has disappeared and after diligent search cannot be found, and if it appears to the satisfaction of the judge or magistrate that the circumstances surrounding the disappearance afford reasonable grounds for the belief that the person has suffered death from accidental or other violent means, the judge or magistrate shall summon and impanel a jury of six qualified persons to inquire into the facts surrounding and the presumption to be raised from the disappearance. If no one submits a petition within 40 days, a judge or magistrate may submit the petition from personal knowledge of the case.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.]
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.