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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 55. Special Actions and Proceedings
- Section 460. Effect of Appeal.
previous: Section 450
. Right of Entry and Possession.
next: Section 470
. Suits On Undertakings.
AS 09.55.460. Effect of Appeal.
- (a) An appeal or a bond or undertaking given does not operate to prevent or delay the vesting of title to real property or
the right to possession of it.
- (b) The plaintiff may not be divested of a title or possession acquired except where the court finds that the property was
not taken by necessity for a public use or purpose in a manner compatible with the greatest public good and the least
private injury. In the event of that finding, the court shall enter the judgment necessary to (1) compensate the
persons entitled to it for the period during which the property was in the possession of the plaintiff, (2) recover for
the plaintiff any award paid to any person, and (3) order the plaintiff to restore the property to the condition in
which it existed at the time of the filing of the declaration of taking unless such restoration is impossible, in which
case the court shall award damages to the proper persons as compensation for any diminution in the value of the
property caused by the plaintiff's wrongful possession.
Article 05. OFFICIAL BONDS, FINES, AND FORFEITURES
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