Alaska Statutes
Alaska Stat. § 38.35.130 (2026)
Right-of-way easements or leases acquired from others
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Sec. 38.35.130. Right-of-way easements or leases acquired from others.
(a) The lessee may, if the commissioner delegates the function to it, condemn, by declaration of taking, under AS 09.55.420 — 09.55.450, real property and acquire leases of or easements or rights-of-way on land in the state required for right-of-way purposes for a pipeline subject to the lease on behalf of and as agent for the state in which title to or interest in the land shall vest.
(b) The lease shall contain a covenant that the land, right-of-way, or easement acquired under this section is or will form part of the land leased to the lessee.
(a) The lessee may, if the commissioner delegates the function to it, condemn, by declaration of taking, under AS 09.55.420 — 09.55.450, real property and acquire leases of or easements or rights-of-way on land in the state required for right-of-way purposes for a pipeline subject to the lease on behalf of and as agent for the state in which title to or interest in the land shall vest.
(b) The lease shall contain a covenant that the land, right-of-way, or easement acquired under this section is or will form part of the land leased to the lessee.
Notes of Decisions
Cited in 4
cases, 1975–1987 · leading case: Arco Pipeline Co. v. 3.60 Acres, 539 P.2d 64 (Alaska 1975).
Arco Pipeline Co. v. 3.60 Acres, 539 P.2d 64 (Alaska 1975). “In order to facilitate the prompt completion of this monumental and historic project, the State of Alaska in AS 38.35.130 authorized a delegation of its power of eminent domain and permitted thereby the use by petitioners of a declaration of taking to condemn real property in…”
Heffle v. State, 633 P.2d 264 (Alaska 1981). “Alyeska Pipeline Service Company, as agent for the state under AS 38.35.130, obtained a right-of-way agreement from Etalook for the Haul Road on May 27, 1975.”
Ostrem v. Alyeska Pipeline Serv. Co., 648 P.2d 986 (Alaska 1982). “See AS 38.35.130; AS 09.55.240—.460; ARCO Pipeline Co.”
Etalook v. Exxon Pipeline Co., 831 F.2d 1440 (9th Cir. 1987). “See Alaska Stat. § 38.35.130 (1984). We affirm the district court’s holding that the appellees obtained title to the rights of way through the formal condemnation proceedings mandated by § 357.”
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