- 0,99 €
Description de l’éditeur
Until 1953, the Territory of Alaska was required to file a complaint and obtain a court order for possession before it could use a landowners property for a highway project. Â§ 57-7-1-23 ACLA 1949. In 1953, the Territorial Legislature authorized what has become known as the "quick-take" procedure, in which title to the property passes upon the filing of a "declaration of taking" and such matters as the necessity for a taking and the fair market value of the property taken are left for later determination. Ch. 90, SLA 1953. Twenty-two years later, this Court held that under the declaration of taking statute landowners had only limited rights to object to the authority and necessity for takings. Arco Pipeline Co. v. 3.60 Acres, More or Less, 539 P.2d 64, 70 (Alaska 1975). Responding to our decision, the Legislature amended the "quick-take" statute, requiring a condemning authority to state as part of its declaration of taking that "the property is taken by necessity for a project located in a manner which is most compatible with the greatest public good and the least private injury." AS 09.55.430(7). If this statement proves to be untrue, the superior court is expressly empowered to divest the condemnor of title or possession. AS 09.55.460(b).