Alaska Statutes

Alaska Stat. § 42.40.390 (2026)

Land use rules

✓ current as of July 2026

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Sec. 42.40.390. Land use rules.
The board may adopt exclusive rules governing land use by parties having interests in or permits for land owned or managed by the corporation. The power conferred by this section is exercised for the common health, safety, and welfare of the public and to the extent constitutionally permissible, may not be limited by the terms and conditions of leases, contracts, or other transactions.

Notes of Decisions

Cited in 2 cases, 2004–2006 · leading case: Alaska R.R. Corp. v. Native Vill. of Eklutna, 142 P.3d 1192 (Alaska 2006).

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Alaska R.R. Corp. v. Native Vill. of Eklutna, 142 P.3d 1192 (Alaska 2006). · cites it 70× “[14] Among other provisions, we discussed AS 42.40.390, the section at issue in the current appeal.”

Native Vill. of Eklutna v. Alaska R.R., 87 P.3d 41 (Alaska 2004). · cites it 19× “[30] Senator Gilman agreed that local zoning authority would be problematic, but nevertheless moved to delete AS 42.40.390. [31] Although he acknowledged Senator Halford's concern, he argued the provision should be deleted because it was originally added to ensure that Railroad…”

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