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§ 09-55-260 — Alaska Law | CourtGPT
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  4. Title 9 - Code of Civil Procedure/
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  6. Article 4 - Eminent Domain.sec. 09.55.240. Uses for Which Authorized; Rights-of-way/
  7. § 09-55-260
Alaska Legal Code

§ 09-55-260

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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

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.