Title 09, Code of Civil Procedure

The notice required by Rule 4(e)(4), Alaska Rules of Civil Procedure shall be published as provided in the rules, and a copy of the notice shall be posted in a conspicuous place on each separate parcel of the entire real property described in the complaint within 20 days after th…

Except as otherwise provided in AS 09.45.800 — 09.45.880, the Alaska Rules of Civil Procedure shall apply to actions authorized by AS 09.45.800 — 09.45.880.

Upon the completion of the service, publication and posting of the summons, as may be required by AS 09.45.800 — 09.45.880 and the Alaska Rules of Civil Procedure, the court has complete jurisdiction over the parties plaintiff or plaintiffs and the entire real property described …

(a) An answer to the complaint must be served within 90 days after the first publication of the notice, or such further time not exceeding 30 days, as the court for good cause may grant. (b) An answer must (1) specifically set out the particulars in which the claimant's estate, r…

A party to an action authorized by AS 09.45.800 — 09.45.880 may record a notice of the pendency of the action in the form and at the place and with the effects specified in AS 09.45.940.

The vacating of streets in whole or in part by the voluntary action of a municipality, for the purpose of making it possible for the court to mitigate the hardships suffered by individuals because of the change in land boundaries caused by the act of God, consisting of an earthsl…

In an action of the type authorized in AS 09.45.800 — 09.45.880, judgment may not be given by default, but the court must require proof of the facts alleged in the complaint and other pleadings.

The judgment shall (1) determine the land boundaries of each parcel of land located within the entire area of real property sought to be affected by the action, whether owned publicly or privately after judicial equitable allocation of lands voluntarily vacated by a municipality …

In reaching the conclusions called for by AS 09.45.855 the court shall give effect to the changes in land boundaries caused by the earthslide, mitigated, however, so far as can equitably be done, by allocating to contiguous lots parts of the land released by a municipality by its…

The judgment shall be conclusive with respect to land boundaries upon every person who at the commencement of the action had or claimed an estate, right, title, or interest in or to a part of the entire area of real property described in the complaint as intended to be affected b…

A certified copy of the judgment shall be recorded, at the expense of the plaintiff or plaintiffs in the action, in the office of the recorder of the recording district in which the affected land is situated.

The remedies provided for by AS 09.45.800 — 09.45.880 are cumulative and in addition to any other remedy provided by law for quieting or establishing title to real property or the boundaries of it.

AS 09.45.800 — 09.45.880 may be cited as the Earthslide Relief Act.

(a) In an action brought on a claim against a construction professional, the claimant shall, at least 90 days before filing the action, serve written notice of the claim on the construction professional. (b) The notice of the claim in (a) of this section must state that the claim…

(a) Within 21 days after service of the notice under AS 09.45.881, the construction professional shall serve a written response on the claimant. (b) The written response under (a) of this section must state that the construction professional (1) offers to inspect the dwelling tha…

If the construction professional disputes the claim in the notice under AS 09.45.882(b)(3) or does not respond to the claimant's notice of claim within the time required by AS 09.45.882(a), the claimant may bring an action against the construction professional for the claim descr…

(a) If the claimant rejects the inspection offer under AS 09.45.882(b)(1) or the settlement offer under AS 09.45.882(b)(2), the claimant shall serve written notice of the claimant's rejection on the construction professional. (b) The notice under (a) of this section must include …

If a claimant elects to allow the construction professional to make an inspection under AS 09.45.882(b)(1), the claimant shall provide the construction professional and its contractors or other agents reasonable access to the claimant's dwelling during normal working hours to ins…

Within 14 days after completion of an inspection made under AS 09.45.885, the construction professional shall serve on the claimant a written (1) offer to repair the defect without charge to the claimant; the offer must include a report of the scope of the inspection, the finding…

If the construction professional does not respond within the time required by AS 09.45.886, does not repair the defect to the satisfaction of the claimant within the time agreed under AS 09.45.886(1), does not provide an offer under AS 09.45.886(2), or serves a statement under AS…

(a) If the claimant rejects an offer made by the construction professional under AS 09.45.886(1) or (2), the claimant shall serve written notice of the claimant's rejection on the construction professional that includes the basis for the claimant's rejection of the construction p…

(a) If a claimant unreasonably rejects an offer made under AS 09.45.881 — 09.45.899 or does not give the construction professional a reasonable opportunity to repair the defect under an accepted offer of settlement, the claimant may not recover an amount that exceeds (1) the reas…

(a) To accept an offer of a construction professional to repair a defect under AS 09.45.886(1), a claimant shall serve the construction professional with a written notice of acceptance within a reasonable period of time, not to exceed 30 days, after receiving the offer. (b) A cla…

If a claimant fails to allow a construction professional to make a reasonable inspection requested by the construction professional under AS 09.45.882(b)(1), or fails to provide a good faith written response to a construction professional's offer under AS 09.45.882(b)(2) or 09.45…

Unless there is good cause for the failure, a construction professional may not assert that the claimant did not comply with AS 09.45.881 — 09.45.899 if the construction professional fails to respond in good faith to the claimant's notice of claim made under AS 09.45.881.

(a) In order to take advantage of any rights of a construction professional under AS 09.45.881 — 09.45.899, when a construction professional enters into a contract with another person to design, construct, or remodel a dwelling, the construction professional shall give the person…

A court action for a defect that is discovered after a claimant has provided a construction professional with a notice of claim required in AS 09.45.881 — 09.45.899 may not be commenced until the claimant has complied with the provisions of AS 09.45.881 — 09.45.899.

(a) Except as provided in (c) of this section, in an action covered under AS 09.45.881 — 09.45.899, a claimant may recover only the following damages caused by a defect: (1) the reasonable cost of repairs necessary to cure a defect, or actual damages that result from the construc…

AS 09.45.881 — 09.45.899 do not apply to claims for personal injury, including death.

In AS 09.45.881 — 09.45.899, (1) “action” means a civil action or an arbitration proceeding for damages or indemnification; (2) “claim” means a claim against a construction professional concerning a defect in the design, construction, or remodel of a dwelling; (3) “claimant” mean…

When the heirs of a deceased person are proper parties defendant to an action relating to real property in this state, and when the names and residences of the heirs are unknown, the heirs may be proceeded against under the name and title of “the unknown heirs” of the deceased.

Upon presenting an affidavit to the court or judge showing to the satisfaction of the court or judge that the heirs of the deceased person are proper parties to the action and that their names and residences cannot with the use of reasonable diligence be ascertained, the court or…

In any action brought to determine an adverse claim, estate, lien, or interest in real property or to quiet title to real property, the plaintiff may include as a defendant in the action and insert in the title of the action, in addition to the names of the persons or parties tha…

All the unknown heirs of deceased persons and all the unknown persons or parties served by publication as provided in AS 09.45.920 have the same rights as are provided by law in the case of all other defendants upon whom service is made by publication, and the action shall procee…

In an action affecting the title to or the right of possession of real property, the plaintiff at the time of filing the complaint, or afterwards, and the defendant, when affirmative relief is claimed, at the time of filing the answer, or afterwards, may record in the office of t…

In this chapter, (1) “manufactured home” has the meaning given in AS 45.29.102; (2) “real property” includes a manufactured home that has become real property under AS 34.85.010.

The following acts or omissions with respect to a court of justice or court proceedings are contempts of the authority of the court: (1) disorderly, contemptuous, or insolent behavior toward the judge while holding the court, tending to impair its authority or to interrupt the co…

(a) A person who commits a criminal contempt is guilty of a class A misdemeanor. A person who commits a civil contempt is subject to damages, a civil penalty of $5,000 or less for each violation, and other orders as the court finds appropriate. (b) In addition to the penalty spec…

A person who is charged with contempt of court not committed in the presence of the court, where the act or thing so charged as a contempt is of such nature as to constitute also a criminal offense under a statute of the United States or a law of this state, has a right to jury t…

If a loss or injury to a party in an action or proceeding has been caused by the contempt, the court, in addition to the punishment imposed for the contempt, may give judgment in favor of the party aggrieved and against the person guilty of contempt for a sum of money sufficient …

When the contempt consists of the omission or refusal to perform an act which is yet in the power of the defendant to perform, the defendant may be imprisoned until the defendant has performed it.

If the defendant does not appear on the day ordered by the court, the court may order the undertaking to be prosecuted. If the undertaking is prosecuted, the measure of damages is the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for wh…

(a) A person who erects, establishes, continues, maintains, uses, owns, or leases a building, structure, or other place used for one of the following activities is guilty of maintaining a nuisance, and the building, structure, or place, or the ground itself in or upon which or in…

In an action brought under AS 09.50.170(a) to prove the existence of a nuisance, the court may consider (1) evidence of reputation within a community; (2) evidence derived from records of the courts of the state or of the United States that relate to previous complaints concernin…

When there is reason to believe that a nuisance as defined in AS 09.50.170 — 09.50.240 exists, the attorney general shall, or a citizen, or a home rule municipality if the nuisance is located in the home rule municipality, may, bring an action to perpetually enjoin the nuisance, …

If the complaint is filed by a citizen, the action may be dismissed only upon approval of the attorney general and affidavit of the complainant and the complainant's attorney giving the reasons why the suit should be dismissed. The court may refuse to dismiss the suit and may dir…