June 30, 2006

Alaska Eminent Domain Reform Sent to the Governor

By Alaska Eminent Domain Reform Sent to the Governor

by Timothy Sandefur

The Alaska legislature has passed HB 318, and sent it to the governor for signature. The bill appears to have at least one potentially dangerous loophole:

This subsection does not apply to transfers of private property to another private person if…the private person has been expressly authorized by statute either to exercise the power of eminent domain or to receive an interest in land acquired by the exercise of eminent domain.

This would seem to reserve to the legislature the power to declare at will when a private developer may exercise the power of, or receive the benefits of, eminent domain.

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