Alaska Statutes
Alaska Stat. § 09.55.270 (2026)
Prerequisites
✓ current as of July 2026
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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.
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.
Notes of Decisions
Cited in 1
case, 2020–2020 · leading case: Alaska Dept of Nat. Res. v. Kenneth Purdy (9th Cir. 2020).
Alaska Dept of Nat. Res. v. Kenneth Purdy (9th Cir. 2020). “We affirm. 1. Before taking private property the State must demonstrate that the planned use of the property is authorized by Alaska law and the taking is necessary to accomplish that use.”
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