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HILLSTRAND v. CITY OF HOMER

No. S-13160.

218 P.3d 685 (2009)

Nancy J. HILLSTRAND, Appellant, v. CITY OF HOMER, Appellee.

Supreme Court of Alaska.

October 30, 2009.

Attorney(s) appearing for the Case

Ronald L. Baird, Anchorage, for Appellant.

Thomas F. Klinkner, Birch, Horton, Bittner & Cherot, Anchorage, for Appellee.

Before: FABE, Chief Justice, EASTAUGH, CARPENETI, WINFREE, and CHRISTEN, Justices.

OPINION

WINFREE, Justice.

I. INTRODUCTION

A municipality sought land through eminent domain to expand its water treatment plant. The property owner objected to the taking because: it would close off an access route to her remaining property; the municipality had not dedicated replacement access in a binding way; and the municipality sought a fee simple interest, rather than an easement, in the portion...

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