In addition to any other assembly action that may be required by law with regard to real property acquisition by the municipality, the following shall be subject to assembly approval:
A.
Acquisitions of, or substantive change to the terms governing ownership, control, or access to, real property including an interest in mineral, wind, solar or water rights, except:
1.
Acquisitions for which the specific location is identified and specifically authorized for purchase under an approved capital improvement budget.
2.
Acquisitions of rights-of-way incidental to a construction project which has been approved by the assembly.
3.
Acquisitions by foreclosure or by judicial proceedings or settlements other than proceedings in eminent domain.
4.
Acquisitions pursuant to the selection of state lands under the provisions of AS 29.65.010 et seq.
5.
Acquisitions by the dedication of any interest in property in connection with the approval by the municipality of a subdivision plat under the provisions of title 21.
6.
Acquisitions by donation or devise without cost to the municipality.
B.
The institution of eminent domain proceedings on behalf of the municipality, except that, in an emergency, where the public interest so requires, the mayor may institute eminent domain proceedings without assembly approval, informing the assembly of such proceedings and the justification therefor as soon as practicable.
(AO No. 79-170; AO No. 84-61(S); AO No. 2024-28, § 2, 3-27-2024)
A. "Property owner" "Tenant"
Definitions. As used in this section, the following terms shall have the meaning given in this subsection:
means the owner of record according to the current records of the municipal tax assessor.
means any person other than the property owner known to be in actual possession of the real property.
B.
Notice to property owners. Prior to the assembly granting approval for the use of eminent domain as provided in section 25.20.020B, notice shall be given to all property owners and tenants whose property is subject to being taken.
1.
Notice shall be in writing to the property owners and tenants, and shall be postmarked, hand-delivered or posted on the subject property no fewer than ten days before the date on which the assembly approves the use of eminent domain.
2.
The notice shall contain the following:
a.
The name and description of the project which requires acquisition of the property, including a map of the project area.
b.
The location and legal description of the affected parcel and identification of the property interest to be acquired.
c.
The date, time and location of the first meeting at which the assembly will consider approval of the authority to use eminent domain if necessary to acquire property.
d.
The name and telephone number of an individual within the administration who will answer questions about the project.
C.
Required negotiation.
1.
The municipality shall, prior to submitting a request to the assembly for the use of eminent domain, make a good-faith effort to negotiate the acquisition of the property.
2.
After examining all available evidence relating to value, the municipality shall prepare a final offer in writing.
3.
Within 30 days of the delivery of the final offer, if such is not accepted, the municipality shall file a request to use eminent domain with the assembly.
4.
Upon approval by the assembly of the use of eminent domain, the municipality shall file its eminent domain action on any property where an agreement has not been reached.
D.
Public hearing. Prior to granting a resolution approving the use of eminent domain, the assembly shall hold a public hearing at which any interested citizen may testify concerning the use of eminent domain and the municipality's final offer as provided in section 25.20.025C.
E.
Within 30 days of assembly passage of a resolution approving the use of eminent domain, the municipality shall file its eminent domain action. Such 30-day period may only be extended by written notice executed by the legal owner.
(AO No. 85-12(S-2); AO No. 94-141(S), § 1, 8-9-1994)
A.
Exercise of the power of eminent domain by the municipality, its agencies and authorities, is prohibited unless the property acquired thereby is actually used by the municipality or the public. Eminent domain is not to be used to further private economic development.
B.
The municipality shall not use or rely upon the power of eminent domain to acquire private property, in whole or in part, or any interest in private property, for the purpose of leisure amenities, regardless of how such amenities are characterized or financed.
C.
For purposes of this section, leisure amenities includes indoor and outdoor facilities intended for personal enjoyment including, but not limited to, parks, natural resource use areas, trails and pedestrian paths and/or trails of any kind, greenbelts, access to wilderness areas, amusement rides, small boat facilities, personal use fisheries, sports activities of any kind, play areas, picnic areas, spectator viewing, and associated infrastructure such as parking lots and access corridors.
D.
This section shall not apply to pedestrian facilities as amenities in the right-of-way for a road classified as local, collector, arterial, expressway or freeway.
E.
The limitations on the exercise of eminent domain in this section may be waived by ordinance approved by two-thirds of the total membership of the Assembly.
(AO No. 2005-86, § 1, 7-12-2005; AO No. 2005-171(S-1), § 1, 1-10-2006)
A.
Except as provided in section 21.15.130, any instrument pertaining to the conveyance of real property to the municipality and requiring execution by the municipality shall be signed by the mayor or his or her designee and attested by the municipal clerk.
B.
No conveyance of real property to the municipality shall be effective until accepted in writing by the mayor or his or her designee, provided that no such acceptance shall be required to perfect a property interest in lands:
1.
Acquired by foreclosure or by judicial proceedings or settlements including proceedings in eminent domain.
2.
Acquired pursuant to the selection of state lands under the provisions of state law.
3.
Acquired through the physical appropriation of lands by an act giving rise to a finding of inverse condemnation.
(AO No. 79-170)
Because of the unique nature of real property, the municipality need not acquire real property by competitive bidding.
(AO No. 79-170)
The municipality may acquire real property over a term extending beyond the current fiscal year:
A.
By a contract requiring funds from future appropriations, which contract is authorized by ordinance pursuant to Charter section 13.08(b); or
B.
By a contract not requiring funds from future appropriations, which shall mean a contract:
1.
As to which the chief fiscal officer certifies in accordance with section 6.30.050 that funds are available for the municipality's performance during the fiscal year in which the contract commences; and
2.
Under which the municipality's performance during succeeding fiscal years shall be subject to the availability of funds lawfully appropriated therefor.
(AO No. 79-170)
The municipality may acquire real property by a lease-purchase agreement under Charter section 13.08(b), which shall mean an agreement:
A.
Under which the municipality pays rent for the use of the real property;
B.
Which grants the municipality an option to purchase the real property; and
C.
Which allows the municipality to apply all or part of the rent payments to the purchase price of the real property.
(AO No. 79-170)
[1]
Editor's note — Former § 25.20.080, Acquisition of property for Anchorage Telephone Utility, was repealed.
Prior history: AO No. 91-173(S); AO No. 2015-23(S), 3-24-2015.