Municipality of Anchorage v. Suzuki

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Alaska Statute 09.55.275 requires a municipality to obtain preliminary approval of a replat before an eminent domain acquisition that results in a "boundary change." Because we hold that a "boundary change" results when a municipality takes an easement that is not coextensive with the property lines and that functionally interferes with the landowner's use, the statute required the Municipality of Anchorage to obtain preliminary approval of replats showing the easements involved here. We therefore affirm the superior court decision requiring the…