17 AAC 42.255 - Condemnation of leasehold or improvements
(a) This section
applies to the taking by negotiation, court action, or otherwise of all or a
part of a premises by any entity or person vested with the power of eminent
domain, including the department.
(b) If all of a premises is taken,
(1) the lease, permit, or concession and all
rights of the lessee, permittee, or concessionaire in the premises terminate as
of the date of taking and the rent payable will be adjusted so that rent is due
only until the date that the lessee, permittee, or concessionaire is required
to surrender possession of the entire premises; and
(2) the department is entitled to all payment
made for the taking, except for any amount paid as the fair market value of the
permanent improvements owned by the lessee, permittee, or
concessionaire.
(c) If a
part of a premises is taken and the taking reduces the ground area of the
premises by 30 percent or more or materially affects the authorized use of the
premises by the lessee, permittee, or concessionaire of the premises, the
lessee, permittee, or concessionaire has the right to terminate the lease,
permit, or concession by giving written notice to the airport manager no later
than 90 days after the date of taking.
(d) If the lessee, permittee, or
concessionaire elects to terminate the lease, permit, or concession under (c)
of this section, the portion of the premises taken is governed by (b) of this
section and disposal of the remainder of any permanent improvements owned by
the lessee, permittee, or concessionaire is governed by
17 AAC 42.245 or
17 AAC 42.250, as applicable, and
the terms of the lease, permit, or concession.
(e) If the lessee, permittee, or
concessionaire elects not to terminate the lease, permit, or concession under
(c) of this section, the lease, permit, or concession continues in effect for
the portion of the premises not taken, and the department is entitled to the
full payment made for the portion taken, less any portion of the proceeds paid
as the fair market value of the permanent improvements owned by the lessee,
permittee, or concessionaire on the taken portion of the premises. The airport
manager shall adjust the rent for the remainder of the term to reflect the
taking as of the date of taking.
(f) If a part of a premises is taken and the
taking reduces the ground area of the premises by less than 30 percent and the
airport manager determines that the taking does not materially affect the
authorized use of the premises by the lessee, permittee, or concessionaire, the
lease, permit, or concession continues in effect for the portion of the
premises not taken. The department is entitled to the full payment made for the
portion taken, less any portion of the proceeds paid as the fair market value
of the permanent improvements owned by the lessee, permittee, or concessionaire
on the taken portion of the premises. The airport manager shall adjust the rent
for the remainder of the term to reflect the taking as of the date of
taking.
(g) Nothing in this section
impairs the rights, if any, of a lessee, permittee, or concessionaire to
relocation benefits under AS 34.60.
(h) The department's enforcement of a lease,
permit, concession, or law against a lessee, permittee, or concessionaire is
not a taking under this section.
Notes
Authority:AS 02.15.020
AS 02.15.060
AS 02.15.070
AS 02.15.090
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