The Alaska Legislature amended its 'quick-take' statute, requiring a condemning authority to state as part of its declaration of taking that 'the property is taken by necessity for a project located in a manner which is most compatible with the greatest public good and the least private injury.' D sought review of the superior court's refusal to set aside the taking of its Anchorage property. In this case, P did not bother with a decisional document when it took D’s land. The lower court upheld the taking and D appealed.

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