State v. Ness

OPINION

RABINOWITZ, Chief Justice.

This appeal arises from eminent domain proceedings instituted by the State of Alaska. Using a complaint and declaration of taking, the state condemned certain real property owned by appellees. 1 Located on this Kenai property was a building, owned by appellees, containing a basement apartment and restaurant known as the Pancake House on the ground floor. After the date of taking, appellees acquired and took over the operation of a fully equipped motel-hotel-restaurant complex in Kenai.

At the inception of these eminent domain proceedings, appellees maintained…