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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 55. Special Actions and Proceedings
- Section 310. Hearing.
previous: Section 300
. Powers of Court.
next: Section 320
. Right to Jury Trial as to Damages and Value of Property.
AS 09.55.310. Hearing.
- (a) The jury or master shall hear the allegations and evidence of persons interested and shall ascertain and assess the
- (1) the value of the property sought to be condemned, and all improvements on it pertaining to the realty, and of each
separate estate or interest in it; if it consists of different parcels, the value of each parcel and each estate or
interest in each parcel shall be separately assessed;
- (2) if the property sought to be condemned constitutes only a part of a larger parcel, the damages that will accrue to the
portion not sought to be condemned by reason of its severance from the portion sought to be condemned, and the
construction of the improvements in the manner proposed by the plaintiff;
- (3) separately, how much the portion not sought to be condemned and each estate or interest in it will be benefited, if at
all, by the construction of the improvements proposed by the plaintiff; and, if the benefit is equal to the damages
assessed under (2) of this section, the owner of the parcel shall be allowed no damages except the value of the portion
taken; but if the benefits are less than the damages so assessed, the former shall be deducted from the latter and the
remainder shall be the only damages allowed in addition to the value;
- (4) if the property sought to be condemned is for a railroad, the cost of good and sufficient fences along the line of the
railroad, and the cost of cattle guards where fences may cross the line of the railroad.
- (b) As far as practicable, compensation shall be assessed for each source of damages separately.
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