Just Compensation Demand - Alaska

DEMAND FOR JUST COMPENSATION — ALASKA

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND EMAIL

I. INTRODUCTION AND PURPOSE

This letter is a formal demand for just compensation made on behalf of [OWNER NAME] ("Owner"), the owner of the property identified above (the "Property"), in connection with the proposed acquisition of the Property by [CONDEMNING AUTHORITY] ("Condemnor") for the [PROJECT] (the "Project").

The Owner is entitled to just compensation under Alaska Const. art. I, § 18, and the eminent domain statutes, AS 09.55.240 et seq. This demand states the Owner's valuation, the basis for it, and responds to the Condemnor's offer (if any). The Owner sends this letter in good faith to resolve the matter without litigation, while expressly reserving all rights.

II. IDENTIFICATION OF THE PROPERTY AND THE TAKING

III. THE GOVERNING JUST-COMPENSATION STANDARD IN ALASKA

1. Constitutional measure — "taken or damaged." "Private property shall not be taken or damaged for public use without just compensation." Alaska Const. art. I, § 18. This clause is broader than the federal Fifth Amendment and reaches property that is damaged even without a physical appropriation.

2. Costs and interest. The Owner separately reserves any costs and attorney's fees available under Rule 72(k), and interest where allowed under AS 09.55.330. These amounts depend on the procedure and outcome.

3. Measure of value and damages. The jury or master ascertains and assesses (a) the value of the property taken and all improvements pertaining to the realty; (b) on a partial taking, the severance damages that will accrue to the remainder by reason of the severance and the construction of the Project; and (c) the special benefits, if any, to the remainder, which offset severance damages (but not the value of the part taken). AS 09.55.310.

4. Valuation date — date of summons. The Property is valued as of the date of the summons, and its actual value at that date is the measure of compensation for the part taken and the basis for damages to the remainder. AS 09.55.330.

5. Project-influence rule for covered acquisitions. For an acquisition within AS 34.60.120's federal-funding scope, the acquiring entity disregards a change in fair market value caused by the Project or the likelihood of acquisition, except physical deterioration within the Owner's reasonable control. AS 34.60.120(3).

IV. OWNER'S VALUATION — ITEMIZED DEMAND

Based on the appraisal and analysis described in Section V, the Owner's just-compensation valuation is as follows:

The Owner hereby demands property compensation of $[____________], plus any interest, costs, and attorney's fees allowed by the applicable law. The appraisal may discuss improvements, fixtures, temporary-use value, and cost to cure as support for the figures above; do not add an item again if it is already included in another line.

V. BASIS AND APPRAISAL SUPPORT

This demand is supported by:

☐ Appraisal report of [APPRAISER NAME / FIRM], dated [__/__/____], opining a value of $[____________] (Exhibit B)

☐ Comparable sales analysis

☐ Before-and-after analysis of the larger parcel (partial taking)

☐ Cost-to-cure estimate from [CONTRACTOR / ENGINEER]

☐ Survey / site plan (Exhibit C)

☐ Documentation of damage to the remainder / property not taken

☐ Photographs (Exhibit D)

☐ Other: [________________________________]

VI. STATUTORY LEVERAGE — CONDEMNOR'S OBLIGATIONS AND FEE EXPOSURE

1. Appraisal and written offer of just compensation. If the acquisition uses federal or federal-aid funds, AS 34.60.120 directs the acquiring entity, to the greatest extent practicable, to appraise before negotiation, establish and offer an amount reasonably believed to be just compensation (not less than the approved appraisal of fair market value), and provide a written statement and summary of its basis. The Owner requests the appraisal and written basis for the offer.

2. Possession and moving notice for covered acquisitions. Under AS 34.60.120(4), an owner may not be required to surrender possession before the acquiring agency pays the agreed price or deposits with the court, in accordance with applicable law, at least the approved appraisal of fair market value or the award. Subsection (5) calls for scheduling the project so that, to the greatest extent practicable, a lawful occupant is not required to move a dwelling (assuming a replacement is available), business, or farm without at least 90 days' written notice.

3. Costs and fees. In a condemnation action, Alaska R. Civ. P. 72(k) provides several grounds for assessing a defendant's costs and attorney's fees against the plaintiff. One is a court award at least 10% larger than the amount deposited by the condemning authority or the master's allowance from which the defendant appealed. Another is where an allowance appears necessary to achieve just and adequate compensation. Rule 72(l) also addresses offers of judgment. The Owner reserves a request under the applicable provision.

4. Separate accounting. The requested property compensation is based on the supported valuation, without increasing it to meet a fee threshold. The Owner reserves a separate request for any allowable costs, fees, and interest.

VII. DEMAND AND DEADLINE TO RESPOND

The Owner demands that the Condemnor:

1. Pay just compensation in the amount of $[____________]; or

2. Within [____] days of the date of this letter, respond in writing with (a) the Condemnor's appraisal and the written basis for its offer, (b) an explanation of any disagreement with the Owner's valuation, and (c) a good-faith counter-offer.

If the Condemnor does not respond by [__/__/____], or if its response does not reflect a good-faith effort to pay full just compensation, the Owner will pursue all available remedies, including the fee exposure described above.

VIII. RESERVATION OF RIGHTS

The Owner expressly reserves all rights, including the right to:

1. ☐ Appeal any master's award and demand a trial by jury on the amount of damages and value of the Property (AS 09.55.320);
2. ☐ Contest the Condemnor's authority, the public use, and the necessity of the taking (AS 09.55.240; Alaska R. Civ. P. 72);
3. ☐ File an answer in any condemnation action under Alaska R. Civ. P. 72;
4. ☐ Pursue an inverse-condemnation claim for property "taken or damaged" without just compensation (Alaska Const. art. I, § 18);
5. ☐ Request costs, attorney's fees, and interest where allowed by Rule 72(k) and AS 09.55.330;
6. ☐ Amend or supplement this demand based on further appraisal or information;
7. ☐ Pursue any separately available relocation assistance and benefits.

Nothing in this letter is an admission, a waiver, or an agreement to any valuation.

IX. SIGNATURE

Respectfully submitted,

[________________________________]

[OWNER NAME / COUNSEL NAME]

☐ Owner ☐ Attorney for Owner — Alaska Bar No. [__________]

[FIRM NAME]

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________] Email: [__________]

Date: [__/__/____]

X. ENCLOSURES

☐ Exhibit A — Legal description
☐ Exhibit B — Appraisal report / summary
☐ Exhibit C — Survey / site plan
☐ Exhibit D — Photographs
☐ Authorization to represent (if counsel)

XI. ALASKA PRACTICE NOTES

• "Taken or damaged." Alaska Const. art. I, § 18 compensates property "taken or damaged," broader than the federal Fifth Amendment; damage to property not physically appropriated can be compensable.
• Measure / valuation date. Value of the part taken plus severance damages to the remainder, offset by special benefits (AS 09.55.310); valued as of the date of summons (AS 09.55.330).
• Jury right. A party may appeal a master's award and obtain a jury trial on damages and value. AS 09.55.320; Alaska R. Civ. P. 72.
• Costs and fees. Rule 72(k) sets several conditions for assessing the defendant's costs and attorney's fees against the condemnation plaintiff; Rule 72(l) addresses offers of judgment. Analyze the actual deposit, master's report, appeal, and offer history before making a fee request.
• Acquisition policy. AS 34.60.120 applies to acquisitions for projects or programs using federal or federal-aid funds and requires compliance with its policies to the greatest extent practicable.

XII. SOURCES AND REFERENCES

• Alaska Const. art. I, § 18 — https://training.akleg.gov/docs/pdf/citizens_guide.pdf
• AS 09.55.240 — https://www.akleg.gov/basis/statutes.asp?media=print&secStart=09.55.240&secEnd=09.55.330
• AS 09.55.310 (hearing; value, severance damages, benefits); AS 09.55.320 (jury trial); AS 09.55.330 (compensation; date of summons)
• AS 34.60.120 (Uniform real property acquisition policy) — https://www.akleg.gov/basis/statutes.asp?media=print&secStart=34.60.120&secEnd=34.60.120
• Alaska R. Civ. P. 72 / 72(k) — Alaska Court System, https://courts.alaska.gov/rules/docs/civ.pdf

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Alaska, working with a qualified appraiser, must review and customize this document before use. Laws, citations, and court rules change; verify all authorities before relying on them.