Alaska Statutes
Alaska Stat. § 41.35.060 (2026)
Power to acquire historic, prehistoric, or archeological properties
✓ current as of July 2026
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Sec. 41.35.060. Power to acquire historic, prehistoric, or archeological properties.
(a) The department, with the recommendation of the commission, may acquire real and personal properties that have statewide historic, prehistoric, or archeological significance by gift, purchase, devise, or bequest. The department shall preserve and administer property so acquired. The department may acquire property adjacent to the property having historic, prehistoric, or archeological significance when it is determined to be necessary for the proper use and administration of the significant property.
(b) If an historic, prehistoric, or archeological property which has been found by the department, upon the recommendation of the commission, to be important for state ownership is in danger of being sold or used so that its historic, prehistoric, or archeological value will be destroyed or seriously impaired, or is otherwise in danger of destruction or serious impairment, the department may establish the use of the property in a manner necessary to preserve its historic, prehistoric, or archeological character or value. If the owner of the property does not wish to follow the restrictions of the department, the department may acquire the property by eminent domain under AS 09.55.240 — 09.55.460.
(a) The department, with the recommendation of the commission, may acquire real and personal properties that have statewide historic, prehistoric, or archeological significance by gift, purchase, devise, or bequest. The department shall preserve and administer property so acquired. The department may acquire property adjacent to the property having historic, prehistoric, or archeological significance when it is determined to be necessary for the proper use and administration of the significant property.
(b) If an historic, prehistoric, or archeological property which has been found by the department, upon the recommendation of the commission, to be important for state ownership is in danger of being sold or used so that its historic, prehistoric, or archeological value will be destroyed or seriously impaired, or is otherwise in danger of destruction or serious impairment, the department may establish the use of the property in a manner necessary to preserve its historic, prehistoric, or archeological character or value. If the owner of the property does not wish to follow the restrictions of the department, the department may acquire the property by eminent domain under AS 09.55.240 — 09.55.460.
Notes of Decisions
Cited in 2
cases, 1981–1995 · leading case: Eyak Traditional Elders Council v. Sherstone, Inc., 904 P.2d 420 (Alaska 1995).
Eyak Traditional Elders Council v. Sherstone, Inc., 904 P.2d 420 (Alaska 1995). “AS 41.35.060(b). The Act also makes it unlawful to destroy an historic resource of the state without a permit or to destroy a gravesite *424 even if it appears abandoned or lost.”
State Ex Rel. Powderly v. Erickson, 301 N.W.2d 324 (Minn. 1981). “See Alaska Stat. § 41.35.060 (1977); Conn. Gen.”
— Alaska Stat. § 41.35.060(b) — 1 case
Eyak Traditional Elders Council v. Sherstone, Inc., 904 P.2d 420 (Alaska 1995). “AS 41.35.060(b). The Act also makes it unlawful to destroy an historic resource of the state without a permit or to destroy a gravesite *424 even if it appears abandoned or lost.”
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