reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 6. Partition. › Sec. 09.45.590. Compensation for unequal partition.

When it appears that partition cannot be made equal between the parties according to their respective rights, without prejudice to the rights and interests of some of them, and a partition is ordered, the court may adjudge compensation to be made by one party to another on account of the inequality. However, the compensation may not be required to be made to others by owners unknown or by infants unless it appears that the infant has personal property sufficient for that purpose and that the infant's interest will be promoted by giving compensation.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 6. Partition. › Sec. 09.45.600. Payment to guardian of share of infant.

When the share of an infant is sold, the proceeds of the sale may be paid to the general guardian of the infant or the special guardian appointed for the infant in the action upon the guardian's giving the security required by law or directed by order of the court.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 6. Partition. › Sec. 09.45.610. Payment to guardian of share of insane or incompetent person.

The guardian who may be entitled to the custody and management of the estate of an insane person or other person adjudged incapable of conducting one's own affairs whose interest in real property has been sold may receive in behalf of that person that person's share of the proceeds of the real property on executing an undertaking, with sufficient sureties and approved by the judge of the court, that the guardian will faithfully discharge the trust reposed in the guardian and will render a true and just account to the person entitled or to the legal representatives of that person.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 6. Partition. › Sec. 09.45.620. Apportionment of cost of partition.

The costs of partition, including fees or referees and other disbursements, shall be paid by the parties respectively entitled to share in the lands divided in proportion to their respective interests in the property, and may be included and specified in the judgment. In that case they are a lien on the several shares, and the judgment may be enforced by execution against the parties separately. When, however, a litigation arises between some of the parties only, the court may require the expenses of the litigation to be paid by any or all of the parties to the litigation.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 7. Recovery of Possession. › Sec. 09.45.630. Actions for recovery of real property.

A person who has a legal estate in real property and has a present right to the possession of the property may bring an action to recover the possession of the property with damages for withholding it; however, recovery of possession from a tenant shall be made under AS 09.45.060 - 09.45.160.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 7. Recovery of Possession. › Sec. 09.45.640. Damages for withholding property and value of improvements as setoff.

When property is recovered from a defendant who, in good faith, holds the property under color of title adversely to the claim of the plaintiff, the value of any permanent improvements that the defendant or those under whom the defendant claims have made to the property shall be allowed as a setoff against damages allowed for the withholding of the property. The plaintiff may recover damages for withholding the property for a term of six years before the commencement of the action and for the period from the commencement to the verdict, both excluding the use of permanent improvements made by the defendant.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 7. Recovery of Possession. › Sec. 09.45.650. Termination of right to recover property during pendency of action.

Where the plaintiff shows a right to recover at the time the action was commenced, but it appears that the plaintiff's right has terminated during the pendency of the action, the plaintiff may only recover damages for the withholding of the property.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 7. Recovery of Possession. › Sec. 09.45.670. Effect of alienation by person in possession.

An action for the recovery of the possession of real property against a person in possession cannot be prejudiced by an alienation made by that person either before or after the commencement of the action. If the alienation is made after the commencement of the action and the defendant does not satisfy the judgment recovered for damages for withholding the possession, the damages may be recovered by action against the purchaser.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 7. Recovery of Possession. › Sec. 09.45.690. Failure to pay rent.

Unless otherwise provided in the lease, a landlord has a right to re-enter leased premises when a tenant fails to pay rent, and may bring action to recover the possession of the premises and the action is equivalent to a demand of the rent. If, at any time before judgment, the lessee or a successor in interest pays the amount of rent in arrears with interest and costs of the action and performs the other covenants or agreements, the lessee or successor is entitled to continue in possession unless otherwise provided in the lease.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 7. Recovery of Possession. › Sec. 09.45.700. Judgment in actions to recover possession.

The judgment in an action to recover the possession of real property is conclusive as to the estate in the property and the right to the possession so far as it is determined upon the party against whom it is given and against all persons claiming from, through, or under that party after the commencement of the action. However, when service of the summons is by publication and judgment is given for failure of a party to answer, that party or a successor in interest is at any time within two years from the entry of the judgment, upon application to the court, entitled to an order vacating the judgment and granting that party or a successor a new trial upon the payment of the costs of the action.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 7. Recovery of Possession. › Sec. 09.45.710. Possession when new trial granted.

If the judgment is set aside and a new trial granted as provided in AS 09.45.700, after the plaintiff has taken possession of the property, the plaintiff shall remain in possession. But if judgment is given for the defendant in the new trial, the defendant is entitled to restitution by execution as if the defendant were plaintiff.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 8. Trespass. › Sec. 09.45.730. Trespass by cutting or injuring trees or shrubs.

A person who without lawful authority cuts down, girdles, or otherwise injures or removes a tree, timber, or a shrub on (1) the land of another person or on the street or highway in front of a person's house, or (2) a village or municipal lot, or cultivated grounds, or the commons or public land of a village or municipality, or (3) the street or highway in front of land described in (2) of this section, is liable to the owner of that land, or to the village or municipality for treble the amount of damages that may be assessed in a civil action. However, if the trespass was unintentional or involuntary, or the defendant had probable cause to believe that the land on which the trespass was committed was the defendant's own or that of the person in whose service or by whose direction the act was done, or where the timber was taken from unenclosed woodland for the purpose of repairing a public highway or bridge on or adjoining the land, only actual damages may be recovered.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 8. Trespass. › Sec. 09.45.735. Trespass related to geotechnical surveys and mining.

A person who trespasses upon the land of another to gather geotechnical data or take mineral resources is liable to the owner of the land for treble the amount of damages that may be assessed in a civil action. If the trespass is unintentional or involuntary or the defendant had probable cause to believe that the land on which the trespass was committed was the defendant's own or that of the person in whose service or by whose direction the act was done, only actual damages may be recovered.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 9. Waste. › Sec. 09.45.740. Right of action for waste.

If a guardian, tenant for life or years, or tenant in common of real property commits waste on the property, a person injured by the waste may bring an action for damages for the injury. In an action for waste there may be judgment for treble damages. Where the plaintiff has a reversionary interest and the injury due to waste equals or exceeds the value of the interest held by the one committing the waste, or the waste is committed with malice, judgment may be for forfeiture of the estate and eviction.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 10. Earthslide Relief Act. › Sec. 09.45.800. Prerequisite earthslide changing land boundaries.

If the boundaries of land, owned either by public or by private persons have been moved by an act of God, consisting of an earthslide, so that they are in a location different from that at which, by solar survey, they were located before the earthslide, an action in rem to recognize the boundaries as they presently exist and to quiet title within the boundaries in the persons judicially found entitled to title under AS 09.45.800 - 09.45.880, is authorized, maintainable by the persons and with the procedures in AS 09.45.800 - 09.45.880 for the handling of the emergencies dealt with in AS 09.45.800 - 09.45.880.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 10. Earthslide Relief Act. › Sec. 09.45.805. Parties.

(a) An action authorized by AS 09.45.800 - 09.45.880 may be commenced by
(1) a borough with the joinder of a city or cities included in the borough;
(2) a city not included within the boundaries of a borough, if the earthslide has affected land in the city, or land outside the city as to which outside land the city has statutory power to approve a land map;
(3) a school district that has statutory power to approve a land map; or
(4) any other entity or person, granted permission by the court to bring the action.
(b) In an action authorized by AS 09.45.800 - 09.45.880 every person in actual and peaceable possession of, or having an estate or interest in any of the land affected by the action, whose possession or evidence of estate or interest is either recorded or known to the plaintiffs, must be designated in the complaint of the action, and given notice in the manner required by AS 09.45.800 - 09.45.880 and the court rules of civil procedure.
(c) All unknown parties, including owners, claimants, heirs, devisees, legatees, or assigns, may be described in the caption and complaint as “all persons claiming any interest in or lien upon, the real property herein described or any part of it.”
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 10. Earthslide Relief Act. › Sec. 09.45.810. Separate actions as to separate slide areas.

An entity that is a permissible plaintiff under AS 09.45.805, may, in its discretion, bring a separate action under AS 09.45.800 - 09.45.880 with respect to each separate slide area located within its boundaries and its decision regarding the desirability of the separate action, and regarding the area to be dealt with in each action is final.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 10. Earthslide Relief Act. › Sec. 09.45.815. Complaint.

The complaint must substantially include
(1) a statement of the facts making the provisions in AS 09.45.800 - 09.45.880 applicable;
(2) a description of the entire real property sought to be affected by the action;
(3) a specification of the estate, title, and interest owned, and in the actual possession of the plaintiff or plaintiffs in described parts of the entire real property sought to be affected by the action;
(4) a specification of the estate, title, and interest, so far as they are known to the plaintiffs or either of them, and so far as they are capable of being discovered by reasonably diligent search by the plaintiff or plaintiffs, in each separate part of the entire real property sought to be affected by the action;
(5) a specification of the street areas offered by the plaintiff, or plaintiffs, to be vacated in whole or in part for judicial equitable allocation to landowners for the mitigation of the losses inflicted upon the landowners by the act of God consisting of the earthslide;
(6) a proposed replatting of the entire real property sought to be affected by the action, embodying the land boundaries as fixed by the act of God, except as these have been liberalized by judicially directed use of the vacated lands.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 10. Earthslide Relief Act. › Sec. 09.45.820. Publication and posting of notice.

The notice required by Rule 4(e)(4), Alaska Rules of Civil Procedure shall be published as provided in the rules, and a copy of the notice shall be posted in a conspicuous place on each separate parcel of the entire real property described in the complaint within 20 days after the first publication of the notice.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 10. Earthslide Relief Act. › Sec. 09.45.825. Procedure applicable.

Except as otherwise provided in AS 09.45.800 - 09.45.880, the Alaska Rules of Civil Procedure shall apply to actions authorized by AS 09.45.800 - 09.45.880.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 10. Earthslide Relief Act. › Sec. 09.45.830. Jurisdiction.

Upon the completion of the service, publication and posting of the summons, as may be required by AS 09.45.800 - 09.45.880 and the Alaska Rules of Civil Procedure, the court has complete jurisdiction over the parties plaintiff or plaintiffs and the entire real property described in the complaint as intended to be affected by the action and over the person of everyone having or claiming an estate, right, title, or interest in or to, or lien upon, all or any part of the property and shall be considered to have obtained the possession and control of the property for the purposes of the action with complete jurisdiction to render the judgment provided for in AS 09.45.800 - 09.45.880.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 10. Earthslide Relief Act. › Sec. 09.45.835. Answer.

(a) An answer to the complaint must be served within 90 days after the first publication of the notice, or such further time not exceeding 30 days, as the court for good cause may grant.
(b) An answer must
(1) specifically set out the particulars in which the claimant's estate, right, title, or interest in or to, or lien upon all or any part of the property is different from, or greater than, the interest of the claimant as it is described in the complaint;
(2) be confined to rights based on events occurring at the time of, or since the time of the act of God, consisting of the earthslide.
(c) To whatever extent, if at all, the answering party has rights against anyone whatsoever, based upon facts or events that occurred before the earthslide, the claims shall remain unaffected by the action brought under AS 09.45.800 - 09.45.880 and shall be assertable subsequent to the conclusion of the action at any time and in any manner permitted by law, notwithstanding the judgment granted in this action, recognizing however the finality of this judgment as to the consequences, with respect to land boundaries, of the earthslide.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 10. Earthslide Relief Act. › Sec. 09.45.840. Lis pendens.

A party to an action authorized by AS 09.45.800 - 09.45.880 may record a notice of the pendency of the action in the form and at the place and with the effects specified in AS 09.45.940.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 10. Earthslide Relief Act. › Sec. 09.45.845. Vacating of streets in whole or in part.

The vacating of streets in whole or in part by the voluntary action of a municipality, for the purpose of making it possible for the court to mitigate the hardships suffered by individuals because of the change in land boundaries caused by the act of God, consisting of an earthslide, can be accomplished by the offer of the municipality expressed in the complaint followed by the court's approval of it in the action authorized in AS 09.45.800 - 09.45.880, without other formalities. This provision is a special emergency substitute for the provisions contained in AS 29.40.120 - 29.40.160.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 10. Earthslide Relief Act. › Sec. 09.45.850. Proof of facts.

In an action of the type authorized in AS 09.45.800 - 09.45.880, judgment may not be given by default, but the court must require proof of the facts alleged in the complaint and other pleadings.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 10. Earthslide Relief Act. › Sec. 09.45.855. Scope of judgment.

The judgment shall
(1) determine the land boundaries of each parcel of land located within the entire area of real property sought to be affected by the action, whether owned publicly or privately after judicial equitable allocation of lands voluntarily vacated by a municipality under AS 09.45.845;
(2) determine the person or persons having estates, rights, titles, interests, and claims in and to each parcel, whether legal or equitable, present or future, vested or contingent, or whether they consist of mortgages or liens of any description;
(3) approve and direct the proper filing of a new plat map covering the entire area of real property sought to be affected by the action, as a substitute for the plat maps previously filed, but rendered inaccurate by the act of God, consisting of an earthslide.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 10. Earthslide Relief Act. › Sec. 09.45.860. Standards for judgment.

In reaching the conclusions called for by AS 09.45.855 the court shall give effect to the changes in land boundaries caused by the earthslide, mitigated, however, so far as can equitably be done, by allocating to contiguous lots parts of the land released by a municipality by its voluntary vacation of areas formerly constituting public ways, which vacatings of streets shall be approved in this judgment.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 10. Earthslide Relief Act. › Sec. 09.45.865. Effect of judgment.

The judgment shall be conclusive with respect to land boundaries upon every person who at the commencement of the action had or claimed an estate, right, title, or interest in or to a part of the entire area of real property described in the complaint as intended to be affected by this action, and upon every person claiming under any such person by title subsequent to the commencement of the action.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 10. Earthslide Relief Act. › Sec. 09.45.875. Cumulative remedies.

The remedies provided for by AS 09.45.800 - 09.45.880 are cumulative and in addition to any other remedy provided by law for quieting or establishing title to real property or the boundaries of it.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 11. Action for Dwelling Design, Construction, or Remodeling Claims. › Sec. 09.45.881. Notice of claim.

(a) In an action brought on a claim against a construction professional, the claimant shall, at least 90 days before filing the action, serve written notice of the claim on the construction professional.
(b) The notice of the claim in (a) of this section must state that the claimant asserts a claim against the construction professional for a defect in the design, construction, or remodeling of a dwelling and must describe the claim in reasonable detail sufficient to determine the general nature of the alleged defect and the results of the defect if known.
(c) At the request of the construction professional, the claimant shall provide to the construction professional any evidence that the claimant possesses that depicts the nature and cause of the defect and the nature and extent of the repairs necessary to repair the defect, including expert reports, photographs, and videotapes.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 11. Action for Dwelling Design, Construction, or Remodeling Claims. › Sec. 09.45.882. Written response to notice of claim.

(a) Within 21 days after service of the notice under AS 09.45.881, the construction professional shall serve a written response on the claimant.
(b) The written response under (a) of this section must state that the construction professional
(1) offers to inspect the dwelling that is the subject of the claim within a specified time to determine if the construction professional will offer to repair the defect, will compromise and settle the claim by payment of money, or will dispute the claim;
(2) offers to compromise and settle the claim by a payment of money without inspection; or
(3) disputes the claim and will not repair the alleged defect or compromise and settle the claim by a payment of money.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 11. Action for Dwelling Design, Construction, or Remodeling Claims. › Sec. 09.45.883. Court action allowed if claim disputed or not responded to.

If the construction professional disputes the claim in the notice under AS 09.45.882(b)(3) or does not respond to the claimant's notice of claim within the time required by AS 09.45.882(a), the claimant may bring an action against the construction professional for the claim described in the notice of the claim made under AS 09.45.881 without further notice.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 11. Action for Dwelling Design, Construction, or Remodeling Claims. › Sec. 09.45.884. Consequence of rejecting inspection or settlement offer.

(a) If the claimant rejects the inspection offer under AS 09.45.882(b)(1) or the settlement offer under AS 09.45.882(b)(2), the claimant shall serve written notice of the claimant's rejection on the construction professional.
(b) The notice under (a) of this section must include the basis for the claimant's rejection of the construction professional's offer.
(c) After service of the rejection notice required by (a) of this section, the claimant may bring an action against the construction professional for the claim described in the notice of claim made under AS 09.45.881 without further notice.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 11. Action for Dwelling Design, Construction, or Remodeling Claims. › Sec. 09.45.885. Consequence of accepting inspection offer.

If a claimant elects to allow the construction professional to make an inspection under AS 09.45.882(b)(1), the claimant shall provide the construction professional and its contractors or other agents reasonable access to the claimant's dwelling during normal working hours to inspect the dwelling and the alleged defect to determine the nature and cause of the alleged defect and the nature and extent of any repairs necessary to repair the alleged defect.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 11. Action for Dwelling Design, Construction, or Remodeling Claims. › Sec. 09.45.886. Procedure after inspection.

Within 14 days after completion of an inspection made under AS 09.45.885, the construction professional shall serve on the claimant a written
(1) offer to repair the defect without charge to the claimant; the offer must include a report of the scope of the inspection, the findings and results of the inspection, a description of any repairs necessary to repair the defect, and a schedule for the completion of the repairs;
(2) offer to compromise and settle the claim by a payment of money under AS 09.45.882(b)(2); or
(3) statement that the construction professional will not repair the defect.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 11. Action for Dwelling Design, Construction, or Remodeling Claims. › Sec. 09.45.887. Court action allowed after failure to repair or to settle.

If the construction professional does not respond within the time required by AS 09.45.886, does not repair the defect to the satisfaction of the claimant within the time agreed under AS 09.45.886(1), does not provide an offer under AS 09.45.886(2), or serves a statement under AS 09.45.886(3), the claimant may bring an action against the construction professional for the claim described in the notice of claim without further notice.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 11. Action for Dwelling Design, Construction, or Remodeling Claims. › Sec. 09.45.888. Court action allowed if claimant rejects offer.

(a) If the claimant rejects an offer made by the construction professional under AS 09.45.886(1) or (2), the claimant shall serve written notice of the claimant's rejection on the construction professional that includes the basis for the claimant's rejection of the construction professional's offer.
(b) After service of the notice under (a) of this section, the claimant may bring an action against the construction professional for the claim described in the notice of claim made under AS 09.45.881 without further notice.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 11. Action for Dwelling Design, Construction, or Remodeling Claims. › Sec. 09.45.889. Unreasonable rejection of offer.

(a) If a claimant unreasonably rejects an offer made under AS 09.45.881 - 09.45.899 or does not give the construction professional a reasonable opportunity to repair the defect under an accepted offer of settlement, the claimant may not recover an amount that exceeds
(1) the reasonable cost of the repairs offered under AS 09.45.886(1) that are necessary to cure the defect and that are the responsibility of the construction professional; or
(2) the amount of a reasonable settlement offer of money that was made under AS 09.45.886(2).
(b) If a claimant unreasonably rejects a construction professional's offer made under AS 09.45.881 - 09.45.899 or does not give the construction professional a reasonable opportunity to repair the defect under an accepted offer of settlement, the court may deny the claimant an award of attorney fees and costs and may award attorney fees and costs to the construction professional.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 11. Action for Dwelling Design, Construction, or Remodeling Claims. › Sec. 09.45.890. Acceptance of offer.

(a) To accept an offer of a construction professional to repair a defect under AS 09.45.886(1), a claimant shall serve the construction professional with a written notice of acceptance within a reasonable period of time, not to exceed 30 days, after receiving the offer.
(b) A claimant who accepts an offer under (a) of this section shall provide the construction professional and its contractors or other agents reasonable access to the claimant's dwelling during normal working hours to perform the repairs by the time stated in the offer.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 11. Action for Dwelling Design, Construction, or Remodeling Claims. › Sec. 09.45.891. Presumption of mitigation.

If a claimant fails to allow a construction professional to make a reasonable inspection requested by the construction professional under AS 09.45.882(b)(1), or fails to provide a good faith written response to a construction professional's offer under AS 09.45.882(b)(2) or 09.45.886(1) or (2), the failure establishes a rebuttable presumption that the claimant's damages could have been mitigated.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 11. Action for Dwelling Design, Construction, or Remodeling Claims. › Sec. 09.45.892. Noncompliance assertion prohibited.

Unless there is good cause for the failure, a construction professional may not assert that the claimant did not comply with AS 09.45.881 - 09.45.899 if the construction professional fails to respond in good faith to the claimant's notice of claim made under AS 09.45.881.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 11. Action for Dwelling Design, Construction, or Remodeling Claims. › Sec. 09.45.893. Notice required in contract.

(a) In order to take advantage of any rights of a construction professional under AS 09.45.881 - 09.45.899, when a construction professional enters into a contract with another person to design, construct, or remodel a dwelling, the construction professional shall give the person a notice of the construction professional's right to offer to cure a defect before the person may file an action in court against the construction professional.
(b) The notice required by (a) of this section must be included on a separate page attached to the contract and must contain a title at the top of the page that reads “Notice of Potential Claims Must Be Provided within One Year.” This form shall be signed by the purchaser or purchaser's authorized representative. The signature of either spouse to a design, construction, or remodeling contract shall be considered to be the authorization of both spouses.
(c) The notice required by (a) of this section must be conspicuous and must be in substantially the following form:
ALASKA LAW AT AS 09.45.881 - 09.45.899 CONTAINS IMPORTANT REQUIREMENTS THAT YOU MUST FOLLOW BEFORE YOU MAY FILE A COURT ACTION FOR DEFECTIVE DESIGN, CONSTRUCTION, OR REMODELING AGAINST THE DESIGNER, BUILDER, OR REMODELER OF YOUR HOME. WITHIN ONE YEAR OF THE DISCOVERY OF A DESIGN, CONSTRUCTION, OR REMODELING DEFECT, BEFORE YOU FILE A COURT ACTION, YOU MUST DELIVER TO THE DESIGNER, BUILDER, OR REMODELER A WRITTEN NOTICE OF ANY DESIGN, CONSTRUCTION, OR REMODELING CONDITIONS YOU ALLEGE ARE DEFECTIVE IN ORDER TO PROVIDE YOUR DESIGNER, BUILDER, OR REMODELER WITH THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE DESIGNER, BUILDER, OR REMODELER. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR RIGHT TO FILE A COURT ACTION. ALASKA LAW AT AS 09.45.895 CONTAINS LIMITATIONS TO THE AMOUNT OF DAMAGES THAT MAY BE RECOVERED IN A COURT ACTION FOR DEFECTIVE DESIGN, CONSTRUCTION, OR REMODELING.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 11. Action for Dwelling Design, Construction, or Remodeling Claims. › Sec. 09.45.894. Additional construction defects; additional notice of claim required.

A court action for a defect that is discovered after a claimant has provided a construction professional with a notice of claim required in AS 09.45.881 - 09.45.899 may not be commenced until the claimant has complied with the provisions of AS 09.45.881 - 09.45.899.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 11. Action for Dwelling Design, Construction, or Remodeling Claims. › Sec. 09.45.895. Limitation on damages; collateral sources.

(a) Except as provided in (c) of this section, in an action covered under AS 09.45.881 - 09.45.899, a claimant may recover only the following damages caused by a defect:
(1) the reasonable cost of repairs necessary to cure a defect, or actual damages that result from the construction defect, including reasonable and necessary engineering or consulting fees required to evaluate and cure the defect, that the construction professional is responsible for repairing;
(2) the reasonable expenses of temporary housing reasonably necessary during the repair period;
(3) the reduction in market value, if any, to the extent that the reduction is due to the defect; and
(4) reasonable and necessary attorney fees and costs.
(b) In an action under AS 09.45.881 - 09.45.899, a court shall deduct from the compensation awarded to a claimant any compensation paid to the claimant under a homeowner's warranty contract or a homeowner's insurance policy as compensation for the defects that are the subject of the action. The amount of this deduction does not include any compensation paid by the construction professional to the claimant to satisfy the claim, any compensation paid under an insurance policy issued to the construction professional to satisfy the claim, or any amount the claimant is required to repay under the terms of the homeowner's warranty contract or homeowner's insurance policy.
(c) Subsections (a) and (b) of this section do not apply if the defect was caused by gross negligence or reckless or intentional misconduct by the construction professional.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 11. Action for Dwelling Design, Construction, or Remodeling Claims. › Sec. 09.45.899. Definitions.

In AS 09.45.881 - 09.45.899,
(1) “action” means a civil action or an arbitration proceeding for damages or indemnification;
(2) “claim” means a claim against a construction professional concerning a defect in the design, construction, or remodel of a dwelling;
(3) “claimant” means a person who owns or is purchasing a dwelling and who asserts a claim;
(4) “construction professional” means a registered contractor, architect, or engineer who is engaged in the business of designing, constructing, or remodeling a dwelling; in this paragraph, “contractor” has the meaning given in AS 08.18.171;
(5) “dwelling” means a single-family house, a duplex, or a multi-family housing unit, and the mechanical and other systems, the other components, and all improvements that are part of the house, duplex, or housing unit when the dwelling is constructed or remodeled; for purposes of this paragraph, “multi-family housing unit” means
(A) an individual housing unit in a multi-family housing facility; and
(B) the interest of the owner of an individual housing unit in the common areas and improvements of a multi-family housing facility;
(6) “multi-family housing facility” means a residential horizontal property regime organized under AS 34.07, a residential condominium organized under AS 34.08, and a residential cooperative organized under AS 10.15;
(7) “remodel” means a change to a dwelling if the change has a value that is more than 25 percent of the value of the structure being changed;
(8) “serve” means to deliver by personal service or by certified mail, return receipt requested, to the last known address of the addressee.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 12. Miscellaneous Provisions. › Sec. 09.45.900. Joining unknown heirs as defendants in real property suits.

When the heirs of a deceased person are proper parties defendant to an action relating to real property in this state, and when the names and residences of the heirs are unknown, the heirs may be proceeded against under the name and title of “the unknown heirs” of the deceased.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 12. Miscellaneous Provisions. › Sec. 09.45.910. Service on unknown heirs by publication.

Upon presenting an affidavit to the court or judge showing to the satisfaction of the court or judge that the heirs of the deceased person are proper parties to the action and that their names and residences cannot with the use of reasonable diligence be ascertained, the court or judge may grant an order that service of the summons in the action may be made on the “unknown heirs” by publication of the summons in the same manner as in actions against nonresident defendants.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 12. Miscellaneous Provisions. › Sec. 09.45.920. Unknown claimants in real property suits.

In any action brought to determine an adverse claim, estate, lien, or interest in real property or to quiet title to real property, the plaintiff may include as a defendant in the action and insert in the title of the action, in addition to the names of the persons or parties that appear of record to have, and other persons or parties who are known to have some title, claim, estate, lien, or interest in the lands in controversy, the following: “Also all other persons or parties unknown claiming a right, title, estate, lien, or interest in the real estate described in the complaint in this action.” Service of summons may be had upon all unknown persons or parties defendant by publication as provided by law in cases of nonresident defendants.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 12. Miscellaneous Provisions. › Sec. 09.45.930. Rights of unknown heirs and parties served by publication.

All the unknown heirs of deceased persons and all the unknown persons or parties served by publication as provided in AS 09.45.920 have the same rights as are provided by law in the case of all other defendants upon whom service is made by publication, and the action shall proceed against the unknown heirs or unknown persons or parties in the same manner as against defendants who are named and upon whom service is made by publication, and with the same effect. The unknown heirs or unknown persons or parties who have or claim an interest, right, estate, or lien in the said real property in controversy at the time of the commencement of the action and who are served as aforesaid shall be bound and concluded by the judgment or decree in the action as effectually as if the action was brought against the defendant by name and constructive service of summons obtained.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 12. Miscellaneous Provisions. › Sec. 09.45.940. Lis pendens.

In an action affecting the title to or the right of possession of real property, the plaintiff at the time of filing the complaint, or afterwards, and the defendant, when affirmative relief is claimed, at the time of filing the answer, or afterwards, may record in the office of the recorder of the recording district in which the property is situated a notice of the pendency of the action, containing the names of the parties, and the object of the action or defense, and a description of the property affected in that district. From the time of recording the notice, a purchaser, holder of a contract or option to purchase, or encumbrancer of the property affected has constructive notice of the pendency of the action and of its pendency against parties designated by their real names.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 45. Actions Relating to Real Property › Article 13. General Provisions. › Sec. 09.45.990. Definitions.

In this chapter,
(1) “manufactured home” has the meaning given in AS 45.29.102;
(2) “real property” includes a manufactured home that has become real property under AS 34.85.010.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 50. Actions Where State a Party › Article 1. Contempt. › Sec. 09.50.010. Acts or omissions constituting contempt.

The following acts or omissions with respect to a court of justice or court proceedings are contempts of the authority of the court:
(1) disorderly, contemptuous, or insolent behavior toward the judge while holding the court, tending to impair its authority or to interrupt the course of a trial or other judicial proceeding;
(2) a breach of the peace, boisterous conduct, or violent disturbance, tending to interrupt the course of a trial or other judicial proceeding;
(3) misbehavior in office, or other wilful neglect or violation of duty by an attorney, clerk, peace officer, or other person appointed or elected to perform a judicial or ministerial service;
(4) deceit or abuse of the process or proceedings of the court by a party to an action or proceeding;
(5) disobedience of a lawful judgment, order, or process of the court;
(6) falsely pretending to act under authority to an order or process of the court;
(7) rescuing a person or property in the custody of an officer by virtue of an order or process of the court;
(8) unlawfully detaining a witness or party to an action or proceeding while going to, remaining at, or returning from the court where the witness or party is for trial;
(9) any other unlawful interference with the process or proceedings of the court;
(10) disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness;
(11) when summoned as a juror in a court, neglecting to attend or serve, or improperly conversing with a party to an action or proceeding to be tried at the court or with another person in relation to the merits of the action, or receiving a communication from a party or other person in respect to it without immediately disclosing it to the court;
(12) disobedience by an inferior court, judge, magistrate, referee, master, or officer of the lawful judgment, order, or process of a higher court, or proceeding in an action or proceeding contrary to law after the action or proceeding is removed from the jurisdiction of that inferior court, judge, magistrate, or officer.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 50. Actions Where State a Party › Article 1. Contempt. › Sec. 09.50.020. Penalties; damages; license revocation.

(a) A person who commits a criminal contempt is guilty of a class A misdemeanor. A person who commits a civil contempt is subject to damages, a civil penalty of $5,000 or less for each violation, and other orders as the court finds appropriate.
(b) In addition to the penalty specified in (a) of this section, the court may suspend, restrict, or revoke, for a period not to exceed six months, a driver's license as defined in AS 28.90.990, a license as defined in AS 25.27.244(s), or a recreational license, or any combination of these licenses, or the person's ability to obtain the licenses, if
(1) the person is a natural person;
(2) the contempt is one under AS 09.50.010(4) - (10); and
(3) the court, sitting without a jury, finds by a preponderance of evidence that the contempt related to failure to pay money in connection with a child support action or proceeding or failure to comply with a subpoena or warrant relating to a paternity or child support proceeding.
(c) In this section, “recreational license” means a recreational fishing license or recreational hunting license. In this subsection,
(1) “recreational fishing license” means a sport fishing license under AS 16.05.340 unless that license is required for participation in personal use fishing, as defined in AS 16.05.940, or subsistence fishing, as defined in AS 16.05.940 and modified by decisions of the Alaska Supreme Court;
(2) “recreational hunting license” means a hunting license under AS 16.05.340 unless that license is required for participation in subsistence hunting, as defined in AS 16.05.940 and modified by decisions of the Alaska Supreme Court.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 50. Actions Where State a Party › Article 1. Contempt. › Sec. 09.50.030. Jury trial.

A person who is charged with contempt of court not committed in the presence of the court, where the act or thing so charged as a contempt is of such nature as to constitute also a criminal offense under a statute of the United States or a law of this state, has a right to jury trial.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 50. Actions Where State a Party › Article 1. Contempt. › Sec. 09.50.040. Indemnification of party aggrieved.

If a loss or injury to a party in an action or proceeding has been caused by the contempt, the court, in addition to the punishment imposed for the contempt, may give judgment in favor of the party aggrieved and against the person guilty of contempt for a sum of money sufficient to indemnify that party and to satisfy the costs and disbursements of that party. The judgment and the acceptance of that amount is a bar to an action or proceeding by the aggrieved party for the loss or injury.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 50. Actions Where State a Party › Article 1. Contempt. › Sec. 09.50.060. Prosecution on nonappearance.

If the defendant does not appear on the day ordered by the court, the court may order the undertaking to be prosecuted. If the undertaking is prosecuted, the measure of damages is the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the warrant was issued and the costs of the proceeding.
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. 09.50.170. Abatement of places used for certain acts.

(a) A person who erects, establishes, continues, maintains, uses, owns, or leases a building, structure, or other place used for one of the following activities is guilty of maintaining a nuisance, and the building, structure, or place, or the ground itself in or upon which or in any part of which the activity is conducted, permitted, carried on, continues, or exists, and its furniture, fixtures, and other contents, constitute a nuisance and may be enjoined and abated:
(1) prostitution;
(2) an illegal activity involving a place of prostitution; or
(3) an illegal activity involving
(A) alcoholic beverages;
(B) a controlled substance;
(C) an imitation controlled substance; or
(D) gambling or promoting gambling.
(b) In this section, “illegal activity involving alcoholic beverages,” “illegal activity involving a controlled substance,” “illegal activity involving gambling or promoting gambling,” “illegal activity involving an imitation controlled substance,” “illegal activity involving a place of prostitution,” and “prostitution” have the meanings given in AS 34.03.360.