CSHB 49(JUD): "An Act relating to the prohibition of the exercise of the power of eminent domain against a recreational structure for the purposes of developing a recreational facility or project."
00 CS FOR HOUSE BILL NO. 49(JUD) 01 "An Act relating to the prohibition of the exercise of the power of eminent domain 02 against a recreational structure for the purposes of developing a recreational facility or 03 project." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 09.55.240(e) is amended to read: 06 (e) The power of eminent domain may not be exercised for the purpose of 07 developing a recreational facility or project if the property to be acquired includes an 08 individual landowner's personal residence or recreational structure or that portion of 09 an individual's property attached to and within 250 linear feet of an individual 10 landowner's personal residence or recreational structure unless the landowner 11 consents either before or after a condemnation proceeding has been filed. In this 12 subsection, "recreational structure" means a permanent structure that is used by 13 the owner or beneficiary of a trust holding legal title to the structure as a 14 dwelling for seasonal recreational purposes.
01 * Sec. 2. AS 09.55.240(h)(3) is amended to read: 02 (3) "personal residence" means a structure that is the dwelling place of 03 an individual that 04 (A) must be used by the owner or beneficiary of a trust holding 05 legal title to the structure as a dwelling unit, as opposed to a rental, storage, or 06 other commercial space; 07 (B) must be inhabited by the owner, prior owner, or beneficiary 08 of a trust holding legal title to the structure for at least 90 days during the 12- 09 month period immediately before the date an action for the exercise of the 10 power of eminent domain is filed; 11 (C) must constitute an ordinary home for general living 12 purposes [, AS OPPOSED TO A DWELLING USED ONLY FOR 13 SEASONAL RECREATIONAL OR TEMPORARY PURPOSES]; and 14 (D) may not have been constructed, placed, or occupied for the 15 purpose of avoiding eminent domain proceedings;