Alaska Statutes
Alaska Stat. § 29.40.140 (2026)
Hearing and determination
✓ current as of July 2026
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Sec. 29.40.140. Hearing and determination.
(a) The platting authority shall consider the alteration or replat petition at a hearing and make its decision on the merits of the proposal.
(b) Vacation of a city street may not be made without the consent of the council. Vacation of a street in the borough area outside all cities may not be made without the consent of the assembly. The governing body shall have 30 days from the decision of the platting authority in which to veto a vacation of a street. If no veto is received by the platting authority within the 30-day period, consent is considered to have been given to the vacation.
(a) The platting authority shall consider the alteration or replat petition at a hearing and make its decision on the merits of the proposal.
(b) Vacation of a city street may not be made without the consent of the council. Vacation of a street in the borough area outside all cities may not be made without the consent of the assembly. The governing body shall have 30 days from the decision of the platting authority in which to veto a vacation of a street. If no veto is received by the platting authority within the 30-day period, consent is considered to have been given to the vacation.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2001–2021 · leading case: Gold Country Estates Pres. Grp., Inc. v. Fairbanks North Star Borough, 270 P.3d 787 (Alaska 2012).
Gold Country Estates Pres. Grp., Inc. v. Fairbanks North Star Borough, 270 P.3d 787 (Alaska 2012). “[45] The Platting Board's Rules of Order provide: Rule 42. A notice of reconsideration may be made only by a member who voted on the prevailing side.”
Keven Windel & Marlene Windel v. Matanuska-Susitna Borough, 496 P.3d 392 (Alaska 2021). “The Windels first produced the document by which the easement was granted while the Borough’s summary judgment motion was already pending, and the Borough responded in a short memorandum indirectly citing AS 29.40.140(b). The statute provides, in part, that “[v]acation of a…”
Safeway, Inc. v. State, Dep't of Transp. & Pub. Facilities, 34 P.3d 336 (Alaska 2001). “See AS 29.40.140(b) ("Vacation of a city street may not be made without the consent of the council.”
— Alaska Stat. § 29.40.140(b) — 2 cases
Keven Windel & Marlene Windel v. Matanuska-Susitna Borough, 496 P.3d 392 (Alaska 2021). “The Windels first produced the document by which the easement was granted while the Borough’s summary judgment motion was already pending, and the Borough responded in a short memorandum indirectly citing AS 29.40.140(b). The statute provides, in part, that “[v]acation of a…”
Safeway, Inc. v. State, Dep't of Transp. & Pub. Facilities, 34 P.3d 336 (Alaska 2001). “See AS 29.40.140(b) ("Vacation of a city street may not be made without the consent of the council.”
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