§ 17.10.030. Acquisition of land and resources—General policy.

A.

The borough may acquire lands and resources inside or outside its boundaries by any lawful means.

B.

Lands or interest in lands and resources may be acquired without Assembly approval by the following methods:

1.

Tax foreclosure;

2.

Judgments entered by a court of competent jurisdiction as a result of legal action in which the Borough is a party;

3.

Dedications pursuant to the platting authority of the Borough Planning commission;

4.

Mayoral acceptance of easements from property owners for road service area improvement and maintenance projects as provided in KPB 14.04.020.

C.

The acquisition of lands or interest in lands or resources subject to assembly approval by resolution include:

1.

Negotiated purchase, which shall be subject to both approval of the purchase and appropriation of funds;

2.

Negotiated lease which shall be subject to both approval of the terms and appropriation of funds each budget year. Each lease shall be deemed to have incorporated the following clause, "Unless the assembly by resolution provides otherwise, this lease shall automatically terminate without penalty on June 30 of any year during which the Kenai Peninsula Borough assembly fails to appropriate funds sufficient to make the lease payments on the leased property for the following fiscal year";

3.

Negotiated exchange or trade of borough lands or interests in lands or resources for other lands or interests in lands or resources;

4.

Grant, gift, devise or dedication not involving the platting authority of the borough planning commission;

5.

Exercises of the powers of eminent domain and declaration of taking subject to subsection E of this section;

6.

Municipal entitlement in accordance with Alaska Law;

7.

Public purpose and expansion in accordance with AS 38.05.810 et seq.;

8.

Compromise or settlement of claims;

9.

All other lawful methods of acquiring lands or interests in lands and resources.

D.

An offer to acquire land for the borough shall be in writing and shall be signed by the mayor.

E.

Notwithstanding subsection A above, the Kenai Peninsula Borough shall not exercise its power of eminent domain for the purpose of taking private property for the primary benefit of a private party.

(Ord. No. 2011-15, § 4, 6-21-11; Ord. No. 2005-34, § 1, 9-6-05; Ord. No. 92-57, § 1(part), 1993)