Alaska Statutes
Alaska Stat. § 19.05.040 (2026)
Powers of department
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Sec. 19.05.040. Powers of department.
The department may
(1) acquire property;
(2) exercise the power of eminent domain;
(3) take immediate possession of real property, or any interest in real property under a declaration of taking or by other lawful means;
(4) acquire rights-of-way for present or future use;
(5) control access to highways;
(6) regulate roadside development;
(7) preserve and maintain the scenic beauty along state highways;
(8) dispose of property acquired for highway purposes;
(9) accept and dispose of federal funds or property available for highway construction, maintenance, or equipment;
(10) enter into contracts or agreements relating to highways with the federal government, municipalities, a political subdivision, or with a foreign government, if the contract is approved by the federal government;
(11) establish, levy, and collect tolls, fees, charges, and rentals for the use of state roads, highways, bridges, tunnels, crossings, and causeways;
(12) award and administer grants authorized by appropriation by the legislature; and
(13) exercise any other power necessary to carry out the purpose of AS 19.05 — AS 19.25.
The department may
(1) acquire property;
(2) exercise the power of eminent domain;
(3) take immediate possession of real property, or any interest in real property under a declaration of taking or by other lawful means;
(4) acquire rights-of-way for present or future use;
(5) control access to highways;
(6) regulate roadside development;
(7) preserve and maintain the scenic beauty along state highways;
(8) dispose of property acquired for highway purposes;
(9) accept and dispose of federal funds or property available for highway construction, maintenance, or equipment;
(10) enter into contracts or agreements relating to highways with the federal government, municipalities, a political subdivision, or with a foreign government, if the contract is approved by the federal government;
(11) establish, levy, and collect tolls, fees, charges, and rentals for the use of state roads, highways, bridges, tunnels, crossings, and causeways;
(12) award and administer grants authorized by appropriation by the legislature; and
(13) exercise any other power necessary to carry out the purpose of AS 19.05 — AS 19.25.
Notes of Decisions
Cited in 4
cases, 1973–2009 · leading case: State v. Alyeska Pipeline Serv. Co., 723 P.2d 76 (Alaska 1986).
State v. Alyeska Pipeline Serv. Co., 723 P.2d 76 (Alaska 1986). “AS 19.05.040. 1 However, the state also has a statutory duty to maintain the highway and keep it open for industrial and commercial traffic.”
Boyd v. State, 210 P.3d 1229 (Alaska Ct. App. 2009). “AS 19.05.040(5) & (13). 9 . AS 19.10.060(a).”
Babinec v. State, 512 P.2d 563 (Alaska 1973). “Tlie Department of Highways of the State may acquire real property for the purpose of constructing a highway through the exercise of eminent domain power, under the authority of AS 19.05.040, AS 19.05.080-120 and AS 19.”
Safeway, Inc. v. State, Dep't of Transp. & Pub. Facilities, 34 P.3d 336 (Alaska 2001). “AS 19.05.040(4). . State v. Fairbanks Lodge No.”
— Alaska Stat. § 19.05.040(4) — 1 case
Safeway, Inc. v. State, Dep't of Transp. & Pub. Facilities, 34 P.3d 336 (Alaska 2001). “AS 19.05.040(4). . State v. Fairbanks Lodge No.”
— Alaska Stat. § 19.05.040(5) — 1 case
Boyd v. State, 210 P.3d 1229 (Alaska Ct. App. 2009). “AS 19.05.040(5) & (13). 9 . AS 19.10.060(a).”
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