Alaska Statutes
Alaska Stat. § 29.46.010 (2026)
Assessment and proposal
✓ current as of July 2026
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Sec. 29.46.010. Assessment and proposal.
(a) A municipality may assess against the property of a state or federal governmental unit and private real property to be benefited by an improvement all or a portion of the cost of acquiring, installing, or constructing capital improvements. The state shall pay an assessment levied, except as otherwise provided by law and subject to its right of protest under AS 29.46.020(b). If a governmental unit other than the state benefited by an improvement refuses to pay the assessment, it shall be denied the benefit of the improvement. An improvement proposal may be initiated by
(1) petition to the governing body of the owners of one-half in value of the property to be benefited; or
(2) the governing body.
(b) Notwithstanding (a) of this section, a party to a contract approved by the legislature as a result of submission of a proposed contract developed under AS 43.82 or as a result of acts by the legislature in implementing the purposes of AS 43.82, is exempt, as specified in the contract, from assessment under this chapter against real property associated with the approved qualified project that is subject to the contract. This subsection applies to home rule municipalities.
(a) A municipality may assess against the property of a state or federal governmental unit and private real property to be benefited by an improvement all or a portion of the cost of acquiring, installing, or constructing capital improvements. The state shall pay an assessment levied, except as otherwise provided by law and subject to its right of protest under AS 29.46.020(b). If a governmental unit other than the state benefited by an improvement refuses to pay the assessment, it shall be denied the benefit of the improvement. An improvement proposal may be initiated by
(1) petition to the governing body of the owners of one-half in value of the property to be benefited; or
(2) the governing body.
(b) Notwithstanding (a) of this section, a party to a contract approved by the legislature as a result of submission of a proposed contract developed under AS 43.82 or as a result of acts by the legislature in implementing the purposes of AS 43.82, is exempt, as specified in the contract, from assessment under this chapter against real property associated with the approved qualified project that is subject to the contract. This subsection applies to home rule municipalities.
Notes of Decisions
Cited in 4
cases, 1999–2015 · leading case: DeVilbiss v. Matanuska-Susitna Borough, 356 P.3d 290 (Alaska 2015).
DeVilbiss v. Matanuska-Susitna Borough, 356 P.3d 290 (Alaska 2015). “See AS 29.46.010(a) ("A municipality may assess against the property of a state or federal governmental unit and private real property to .”
Miller v. Matanuska-Susitna Borough, 54 P.3d 285 (Alaska 2002). “AS 29.46.010 reads in pertinent part: "(a) A municipality may assess against .”
Weber v. Kenai Peninsula Borough, 990 P.2d 611 (Alaska 1999). “at 737 ; see also AS 29.46.010 (permitting assessments against "private real property to be benefitted by, an improvement [for] all or a portion of the cost of .”
L Street Investments v. Mun. of Anchorage, 307 P.3d 965 (Alaska 2013). “In its order, the superior court determined that the District was "impliedly authorized" by AS 29.46.010(a). This statute states, "A municipality may assess against the property of a state or federal governmental unit and private real property to be benefited by an improvement…”
— Alaska Stat. § 29.46.010(a) — 3 cases
DeVilbiss v. Matanuska-Susitna Borough, 356 P.3d 290 (Alaska 2015). “See AS 29.46.010(a) ("A municipality may assess against the property of a state or federal governmental unit and private real property to .”
Weber v. Kenai Peninsula Borough, 990 P.2d 611 (Alaska 1999). “at 737 ; see also AS 29.46.010 (permitting assessments against "private real property to be benefitted by, an improvement [for] all or a portion of the cost of .”
L Street Investments v. Mun. of Anchorage, 307 P.3d 965 (Alaska 2013). “In its order, the superior court determined that the District was "impliedly authorized" by AS 29.46.010(a). This statute states, "A municipality may assess against the property of a state or federal governmental unit and private real property to be benefited by an improvement…”
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