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AK HB49

Bill

Status

Passed

8/5/2009

Primary Sponsor

Robert Lynn

Click for details

Origin

House of Representatives

26th Legislature

AI Summary

  • Prohibits the use of eminent domain to acquire property for recreational facility or project development if the property includes an individual's personal residence or recreational structure without the landowner's consent.

  • Extends the eminent domain prohibition to property attached to and within 250 linear feet of a personal residence or recreational structure, unless the landowner consents before or after condemnation proceedings are filed.

  • Defines "personal residence" as a structure used as a dwelling unit (not rental or commercial space) that must be inhabited by the owner or trust beneficiary for at least 90 days during the 12-month period before eminent domain action is filed.

  • Defines "recreational structure" as a permanent structure used for seasonal recreational dwelling purposes that may not be rental, storage, or commercial space, and cannot have been constructed to avoid eminent domain proceedings.

  • Requires that neither a personal residence nor recreational structure can have been constructed, placed, or occupied for the purpose of avoiding eminent domain proceedings.

Legislative Description

Eminent Domain: Recreational Structures

Property

Last Action

EFFECTIVE DATE(S) OF LAW 10/7/09

8/5/2009

Committee Referrals

Judiciary1/20/2009

Full Bill Text

No bill text available