Title 09 — Code of Civil Procedure
23 chapters · 647 sections in this title.
AS 09.45.480 Rules for determining value.
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(a) The proportion of the proceeds of the sale to be invested under AS 09.45.470 shall be determined as follows: if an estate for life or years be included in the order of sale, its proportion shall be the whole proceeds of the sale of the property, or of the sale of the undivide…
AS 09.45.490 Protection of unknown tenants.
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If the persons entitled to the estate for life or years are unknown, the court shall provide for the protection of their rights in a similar manner, as far as possible, as if they were known and had appeared.
AS 09.45.496 [Renumbered (a) as AS 34.03.285 and (b) as AS 34.03.115.]
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[Repealed or reserved.]
AS 09.45.500 Vested or contingent future rights or estate.
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In cases of sales in partition, when it appears that a person has a vested or contingent future right or estate in any of the property sold, the court shall determine the proportional value of the contingent or vested right or estate according to the principles of law applicable …
AS 09.45.510 Separate sales of farms or lots.
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The terms of sales of property shall be known at the time of sale, and, if the premises consist of distinct farms or lots, they shall be sold separately unless the court directs otherwise.
AS 09.45.520 Persons ineligible to purchase. [Repealed, § 5 ch 78 SLA 1972.]
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[Repealed or reserved.]
AS 09.45.530 Report of sale.
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After the sale of property ordered to be sold, a report shall be made to the court, with a description of the different parcels of lands sold to each purchaser, the name of the purchaser, the price paid or secured, the terms and conditions of the sale, and any securities taken.
AS 09.45.540 Confirmation or vacation of sale.
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(a) After the filing of the report, a party entitled to a share of the proceeds may move the court to confirm or set aside the sale or sales reported. If the sale is set aside, the court may order a new sale. If the sale is confirmed, the court shall enter an order directing conv…
AS 09.45.550 Investment of proceeds belonging to unknown or nonresident owner.
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When there are proceeds of a sale belonging to an unknown owner or to a person outside the state who has no legal representatives inside it, or where there are proceeds arising from the sale of an estate subject to the prior estate of a tenant for life or years that are paid into…
AS 09.45.560 Security taken and investments made in name of court clerk.
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When the security for the proceeds of sale is taken or when an investment of any proceeds is made, it shall be done, except as herein otherwise provided, in the name of the clerk of the court, who shall hold the same for the use and benefit of the parties interested, subject to t…
AS 09.45.570 Security taken in names of parties when interests ascertained.
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When security is taken on a sale and the parties interested in the security agree on the shares and proportions to which they are respectively entitled, or when shares and proportions have been previously adjudged by the court, the securities shall be taken in the names of and pa…
AS 09.45.580 Duties of clerk in securities and investments.
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The clerk in whose name a security is taken or by whom an investment is made shall receive the interest and principal as it becomes due, and apply and invest it as the court may direct. The clerk shall deposit in the clerk's office all securities taken, and keep an account in a b…
AS 09.45.590 Compensation for unequal partition.
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When it appears that partition cannot be made equal between the parties according to their respective rights, without prejudice to the rights and interests of some of them, and a partition is ordered, the court may adjudge compensation to be made by one party to another on accoun…
AS 09.45.600 Payment to guardian of share of infant.
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When the share of an infant is sold, the proceeds of the sale may be paid to the general guardian of the infant or the special guardian appointed for the infant in the action upon the guardian's giving the security required by law or directed by order of the court.
AS 09.45.610 Payment to guardian of share of insane or incompetent person.
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The guardian who may be entitled to the custody and management of the estate of an insane person or other person adjudged incapable of conducting one's own affairs whose interest in real property has been sold may receive in behalf of that person that person's share of the procee…
AS 09.45.620 Apportionment of cost of partition.
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Article 7. Recovery of Possession. The costs of partition, including fees or referees and other disbursements, shall be paid by the parties respectively entitled to share in the lands divided in proportion to their respective interests in the property, and may be included and spe…
AS 09.45.630 Actions for recovery of real property.
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A person who has a legal estate in real property and has a present right to the possession of the property may bring an action to recover the possession of the property with damages for withholding it; however, recovery of possession from a tenant shall be made under AS 09.45.060…
AS 09.45.640 Damages for withholding property and value of improvements as setoff.
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When property is recovered from a defendant who, in good faith, holds the property under color of title adversely to the claim of the plaintiff, the value of any permanent improvements that the defendant or those under whom the defendant claims have made to the property shall be …
AS 09.45.650 Termination of right to recover property during pendency of action.
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Where the plaintiff shows a right to recover at the time the action was commenced, but it appears that the plaintiff's right has terminated during the pendency of the action, the plaintiff may only recover damages for the withholding of the property.
AS 09.45.660 Order for survey and measurement of property.
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The court in which the action is pending may allow a party and the party's surveyors to go on the property to make a survey for the purposes of the action.
AS 09.45.670 Effect of alienation by person in possession.
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An action for the recovery of the possession of real property against a person in possession cannot be prejudiced by an alienation made by that person either before or after the commencement of the action. If the alienation is made after the commencement of the action and the def…
AS 09.45.680 Mortgage not a conveyance.
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A mortgage of real property is not a conveyance that will enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale.
AS 09.45.690 Failure to pay rent.
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Unless otherwise provided in the lease, a landlord has a right to re-enter leased premises when a tenant fails to pay rent, and may bring action to recover the possession of the premises and the action is equivalent to a demand of the rent. If, at any time before judgment, the le…
AS 09.45.700 Judgment in actions to recover possession.
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The judgment in an action to recover the possession of real property is conclusive as to the estate in the property and the right to the possession so far as it is determined upon the party against whom it is given and against all persons claiming from, through, or under that par…
AS 09.45.710 Possession when new trial granted.
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If the judgment is set aside and a new trial granted as provided in AS 09.45.700, after the plaintiff has taken possession of the property, the plaintiff shall remain in possession. But if judgment is given for the defendant in the new trial, the defendant is entitled to restitut…
AS 09.45.720 Actions to recover possession by tenant in dower. [Repealed, § 1 ch 89 SLA 1984.]
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Article 8. Trespass.
AS 09.45.730 Trespass by cutting or injuring trees or shrubs.
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A person who without lawful authority cuts down, girdles, or otherwise injures or removes a tree, timber, or a shrub on (1) the land of another person or on the street or highway in front of a person's house, or (2) a village or municipal lot, or cultivated grounds, or the common…
AS 09.45.735 Trespass related to geotechnical surveys and mining.
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Article 9. Waste. A person who trespasses upon the land of another to gather geotechnical data or take mineral resources is liable to the owner of the land for treble the amount of damages that may be assessed in a civil action. If the trespass is unintentional or involuntary or …
AS 09.45.740 Right of action for waste.
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If a guardian, tenant for life or years, or tenant in common of real property commits waste on the property, a person injured by the waste may bring an action for damages for the injury. In an action for waste there may be judgment for treble damages. Where the plaintiff has a re…
AS 09.45.750 Secs. 09.45.750 — 09.45.790. [Renumbered as AS 09.45.900 — 09.45.940.]
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[Repealed or reserved.]
AS 09.45.795 [Renumbered as AS 09.65.200.]
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[Repealed or reserved.]
AS 09.45.797 [Renumbered as AS 09.65.220.]
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Article 10. Earthslide Relief Act.
AS 09.45.800 Prerequisite earthslide changing land boundaries.
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If the boundaries of land, owned either by public or by private persons have been moved by an act of God, consisting of an earthslide, so that they are in a location different from that at which, by solar survey, they were located before the earthslide, an action in rem to recogn…
AS 09.45.805 Parties.
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(a) An action authorized by AS 09.45.800 — 09.45.880 may be commenced by (1) a borough with the joinder of a city or cities included in the borough; (2) a city not included within the boundaries of a borough, if the earthslide has affected land in the city, or land outside the ci…
AS 09.45.810 Separate actions as to separate slide areas.
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An entity that is a permissible plaintiff under AS 09.45.805, may, in its discretion, bring a separate action under AS 09.45.800 — 09.45.880 with respect to each separate slide area located within its boundaries and its decision regarding the desirability of the separate action, …
AS 09.45.815 Complaint.
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The complaint must substantially include (1) a statement of the facts making the provisions in AS 09.45.800 — 09.45.880 applicable; (2) a description of the entire real property sought to be affected by the action; (3) a specification of the estate, title, and interest owned, and…
AS 09.45.820 Publication and posting of notice.
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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…
AS 09.45.825 Procedure applicable.
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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.
AS 09.45.830 Jurisdiction.
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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 …
AS 09.45.835 Answer.
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(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…
AS 09.45.840 Lis pendens.
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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.
AS 09.45.845 Vacating of streets in whole or in part.
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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…
AS 09.45.850 Proof of facts.
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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.
AS 09.45.855 Scope of judgment.
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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 …
AS 09.45.860 Standards for judgment.
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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…
AS 09.45.865 Effect of judgment.
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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…
AS 09.45.870 Recording of judgment.
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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.
AS 09.45.875 Cumulative remedies.
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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 09.45.880 Short title.
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Article 11. Action for Dwelling Design, Construction, or Remodeling Claims. AS 09.45.800 — 09.45.880 may be cited as the Earthslide Relief Act.
AS 09.45.881 Notice of claim.
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(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…