Hillstrand v. City of Homer

Full Case Name
Nancy J. HILLSTRAND, Appellant, v. CITY OF HOMER, Appellee
Description

City sought land to expand a water treatment plant. Property owner objected due to impact on access to her property and because the buffer portion of the land would be taken in fee. Court held that the City did not need to complete a final plat by a specific date, that the decision to take buffer land in fee was not arbitrary, and that emininent domain does not prevent the City from taking a fee interest in the buffer land.

Date
10-30-2009
Court
Alaska Supreme Court
Jurisdiction
Alaska
Plaintiffs
Defendants
Incident Location
Homer, AK
Disputed Act

City sought land through eminent domain to expand a water treatment plant. Property owner objected due to the impact on access to her property and because the part of the land to be used as a buffer would be taken in fee simple interest. Moreover, the plaintiff property owner had requested a deeper buffer than the city proposed to build in order "to preserve the land's appearance from the road and to minimize light pollution from the facility."

Holding
The Court held that the City did not need to complete a final plat by a specific date, that the decision to take buffer land in fee was not arbitrary, and that emininent domain does not prevent the City from taking a fee interest in the buffer land.
Disposition