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SHIP CREEK HYD. SYN. v. STATE, DEPT. OF TR.

No. 7822.

685 P.2d 715 (1984)

SHIP CREEK HYDRAULIC SYNDICATE, a partnership, Petitioner, v. STATE of Alaska, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES, Respondent.

Supreme Court of Alaska.

June 29, 1984.

Attorney(s) appearing for the Case

Ronald L. Baird, Kemppel, Huffman & Ginder, Anchorage, for petitioner.

Donald W. McClintock and Richard J. Todd, Asst. Attys. Gen., Anchorage, and Norman C. Gorsuch, Atty. Gen., Juneau, for respondent.

Before BURKE, C.J., and RABINOWITZ, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

RABINOWITZ, Justice.

Until 1953, the Territory of Alaska was required to file a complaint and obtain a court order for possession before it could use a landowner's property for a highway project. Sections 57-7-1 to 57-7-23 ACLA 1949. In 1953, the Territorial Legislature authorized what has become known as the "quick-take" procedure, in which title to the property passes upon the filing of a "declaration of taking" and such matters as the necessity...

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