(a) The corporation may exercise the power of eminent domain under Alaska Stat. § 09.55.240 – 09.55.460 to acquire land for railroad transportation purposes consistent with this chapter. Notwithstanding Alaska Stat. § 09.55.250, the corporation may acquire a fee simple title whenever, in the judgment of the board, ownership of a fee simple title is necessary to carry out the purposes of this chapter.
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Terms Used In Alaska Statutes 42.40.385

  • board: means the board of directors of the Alaska Railroad Corporation. See Alaska Statutes 42.40.980
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • corporation: means the Alaska Railroad Corporation. See Alaska Statutes 42.40.980
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • land: means any interest in real property, including tide and submerged land, and any right appurtenant to the interest. See Alaska Statutes 42.40.980
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(b) The corporation may file a declaration of taking in the manner provided for the state under Alaska Stat. § 09.55.420.
(c) The power of eminent domain conferred under this section includes the power to obtain clay, gravel, sand, timber, rock, or other material for the operation of the railroad, the land necessary to obtain the material, and access to the land and material.
(d) The exercise of the power of eminent domain requires the prior approval of the governor.
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