Sec. 42.40.420. Public use of railroad land.
Upon request of a municipality or the state, the corporation may authorize use of railroad land for public purposes. Subject to AS 42.40.350(b), the corporation shall authorize a walkway or a trail if the board first finds in writing that the proposed walkway or trail will not create a safety hazard and will not unreasonably […]
Sec. 42.40.430. Acquisition of government property.
The corporation, as an instrumentality of the state, may acquire in its own name from the United States under 40 U.S.C. 101 et seq. or other law, property under the control of a federal department or agency that is useful for the corporation’s purposes. The corporation may acquire from the Department of Administration property of […]
Sec. 42.40.285. Legislative approval required.
Unless the legislature approves the action by law, the corporation may not (1) exchange, donate, sell, or otherwise convey its entire interest in land; (2) issue bonds; (3) extend railroad lines; this paragraph does not apply to a spur, industrial, team, switching, or side track; (4) lease land for a period in excess of 95 […]
Sec. 42.40.290. Long-range capital improvement and program plan.
(a) The corporation shall prepare and the board shall adopt a long-range capital improvement and program plan. The plan must explain the manner in which the corporation intends to accomplish the purposes of this chapter and the corporation’s anticipated capital improvements during each of the five years after the plan is adopted. (b) The board […]
Sec. 42.40.300. Use of corporation assets.
The corporation shall apply all money, property, other assets, and credit of the corporation toward activities authorized by this chapter. The corporation may not issue shares of stock, pay dividends, make private distributions of assets, make loans to board members or employees, or engage in business for private benefit. The use of money, property, another […]
Sec. 42.40.310. Indemnification.
(a) The corporation may defend and indemnify a current or former member of the board, employee, or agent of the corporation against all costs, expenses, judgments, and liabilities, including attorney’s fees, incurred by or imposed upon that person in connection with a civil or criminal action in which the person is involved by affiliation with […]
Sec. 42.40.350. Land.
(a) The corporation shall receive from the United States and, in its own name, take title to all rail property transferred under 45 U.S.C. 1201 – 1214 (Alaska Railroad Transfer Act of 1982), except that the corporation does not have authority over any right, title, or interest in property transferred under this subsection that was […]
Sec. 42.40.352. Sale of land not necessary for railroad purposes.
(a) The corporation may sell land if the board finds (1) the land is not necessary for railroad purposes, and (2) the sale of the land is in the best interest of the state. The sale of land is subject to the terms and conditions of AS 42.40.285, 42.40.350(d), and this section. (b) Before offering […]
Sec. 42.40.355. Prohibition.
Notwithstanding any other provision in this chapter, the state-owned railroad as defined under 45 U.S.C. 1202(14) may not apply for a right-of-way across, or exercise eminent domain in, the western (Kobuk River) unit of the Gates of the Arctic National Preserve under 16 U.S.C. 410hh(4)(b)-(e).
Sec. 42.40.190. Emergency rules.
(a) The board shall establish in the bylaws of the corporation a procedure for the adoption of a rule on an emergency basis. An emergency rule may be adopted only when necessary for the orderly operation of the corporation’s facilities or programs. The requirements of AS 42.40.180 do not apply to actions taken under this […]