Legal Opinion

Ship Creek Hydraulic Syndicate v. State, Department of Transportation & Public Facilities

Alaska Supreme Court

Decided June 29, 1984No. 7822PublishedCited by 8 opinions

1Opinion of the Court

OPINION

RABINO WITZ, Justice.

Until 1953, the Territory of Alaska was required to file a complaint and obtain a court order for possession before it could use a landowner’s property for a highway project. Sections 57-7-1 to 57-7-23 ACLA 1949. In 1953, the Territorial Legislature authorized what has become known as the “quick-take” procedure, in which title to the property passes upon the filing of a “declaration of taking” and such matters as the necessity for a taking and the fair market value of the property taken are left for later determination. Ch. 90, SLA 1953. Twenty-two years later,…

2Cases cited9 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
  3. Camp v. PittsSupreme Court of the United States · 1973
  4. Dunlop v. BachowskiSupreme Court of the United States · 1975
  5. Southeast Alaska Conservation Council, Inc. v. StateAlaska Supreme Court · 1983

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Johns v. Commercial Fisheries Entry CommissionAlaska Supreme Court · 1988
  2. Trustees for Alaska v. State, Department of Natural ResourcesAlaska Supreme Court · 1990
  3. Kachemak Bay Watch, Inc. v. NoahAlaska Supreme Court · 1997
  4. Kenai Peninsula Borough v. State, Department of Community & Regional AffairsAlaska Supreme Court · 1988
  5. Johns v. Commercial Fisheries Entry CommissionAlaska Supreme Court · 1985

3 more not listed; retrieve them via the Exa API.

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