Ship Creek Hydraulic Syndicate v. State

685 P.2d 715 (1984)

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Ship Creek Hydraulic Syndicate v. State

Alaska Supreme Court
685 P.2d 715 (1984)

Facts

The state of Alaska acquired private property for highway projects through a proceeding called quick-take condemnation. The Alaska Department of Transportation and Public Facilities (DOT/PF) (plaintiff) sought to construct a highway and acquired the property of Ship Creek Hydraulic Syndicate (Ship Creek) (defendant) in a quick-take condemnation proceeding. The DOT/PF did not prepare a decisional document, that is, a document that discussed the facts and premises underlying its decision to take Ship Creek’s property. The superior court upheld the taking of Ship Creek’s property by the DOT/PF. Ship Creek appealed. The Alaska Supreme Court granted review in order to decide whether an agency was required to prepare a decisional document in a quick-take condemnation proceeding.

Rule of Law

Issue

Holding and Reasoning (Rabinowitz, J.)

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