26.0110 Compensation provisions.

Cite as [A.S.C.A. § 26.0110]

(a) Each person within this Territory shall conduct himself and keep and manage his affairs and property in ways that will reasonably assist and will not unreasonably detract from the ability of the Territory and the public successfully to meet disaster emergencies. This obligation includes appropriate personal service and use or restriction on the use of property in time of disaster emergency. This chapter neither increases nor decreases these obligations but recognizes their existence under the constitution and statutes of this Territory and the common law. Compensation for services or for the taking or use of property shall be only to the extent that obligations recognized herein are exceeded in a particular case and then only to the extent that the claimant may not be deemed to have volunteered his services or property without compensation.

(b) No personal services may be compensated by the Territory or any subdivision or agency thereof, except under statute or local law or ordinance.

(c) Compensation for property shall be only if the property was commandeered or otherwise used in coping with a disaster emergency and its use or destruction was ordered by the Governor or a member of the disaster emergency forces of this Territory.

(d) Any person claiming compensation for the use, damage, loss, or destruction of property under this chapter shall file a claim with the office on forms the office provides. The claims shall be submitted by the office to the Attorney General for handling.

(e) Unless the amount of compensation on account of property damaged, lost, or destroyed is agreed upon between the claimant and the office, the amount of compensation shall be calculated similarly as compensation due for a taking of property under condemnation laws of the Territory.

(f) Nothing in this section applies to or authorizes compensation for the destruction or damaging of standing timber or other property in order to provide a firebreak or to the release of waters or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood.

History: 1978, PL 15-105 § 10.