Suber v. Alaska State Bond Committee

414 P.2d 546, 1966 Alas. LEXIS 183
CourtAlaska Supreme Court
DecidedMay 19, 1966
Docket651
StatusPublished
Cited by38 cases

This text of 414 P.2d 546 (Suber v. Alaska State Bond Committee) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Suber v. Alaska State Bond Committee, 414 P.2d 546, 1966 Alas. LEXIS 183 (Ala. 1966).

Opinion

DIMOND, Justice.

On March 27, 1964 an earthquake and seismic waves caused extensive property loss and damage to the southcentral portion of the state. 1

On August 19, 1964 Congress amended the Alaska Omnibus Act 2 by Public Law 88-451 (78 Stat. 505) to provide assistance to the state for the reconstruction of the *549 damaged areas. Section 57 of Public Law 88-451 provides as follows:

Sec. 57. For the purpose of enabling the State of Alaska to retire or adjust outstanding home mortgage obligations or other real property liens secured by one to four family homes which were severely damaged or destroyed in the March 1964 earthquake and subsequent seismic waves, the President is authorized to make additional grants to the State of Alaska in an amount not to exceed a total of $5,500,000 to match, on a fifty-fifty basis, any funds provided by the State to pay the costs of retiring or adjusting such mortgage obligations. In order to be approved, a State application for a grant for carrying out the purpose of this section must: (1) be in accordance with a plan submitted by the State, to be approved by the President, for the implementation of the purpose of this section; (2) designate the State agency for retiring or adjusting said mortgage obligations; (3) provide that the mortgagor shall be required to absorb the damage loss to the entire extent of his equity interest in the property and also agree to pay at least $1,000 of the outstanding mortgage balance; (4) provide that no payments for retiring or ^ adjusting mortgage obligations on a single property shall exceed $30,000; (5) provide regulations to assure equitable treatment among home owners and to prevent unjustified payments or gains to the State, mortgagees or mortgagors; and (6) provide that the State agency will make such reports, in such form and containing such information as the President may from time to time require, and give the President, upon demand, access to the records on which such reports are based.

On September 7, 1964 a special session of the state legislature enacted legislation to implement Section 57 of the Alaska Omnibus Act. Chapters 1, 2 and 3 of that special session are involved in this case. Section 1 of chapter 1 provides that

It is the intention of the legislature that the State of Alaska cooperate with the federal government in establishing a program to retire or adjust outstanding home mortgage obligations or other real property liens secured by one to four family dwellings which were destroyed or severely damaged in the earthquake of March 27, 1964 and subsequent seismic waves and to comply with the requirements of Section 57 of the “1964 Amendments to the Alaska Omnibus Act.”

Section 2 contains an extensive declaration of the purpose of the statute. Section 3 authorizes the State Commissioner of Commerce to make grants to mortgagors for the purpose of retiring or adjusting mortgage obligations or other real property liens secured by one to four family dwellings that were destroyed or damaged in the earthquake and seismic waves of March 27, 1964, and directs the Commissioner of Commerce to prepare a plan to be submitted by the Governor to the President of the United States for the implementation of the purpose of Section 57 of the Alaska Omnibus Act..

Section 4 of chapter 1 provides that grants to mortgagors shall be approved only if the physical damage to the dwellings securing the home mortgage obligation or other real property lien amounts to 60% or more of the pre-earthquake value of the secured property. This section also provides that no grant on a single property shall exceed $30,000, and that the mortgagor shall be required to absorb the physical damage loss to the entire extent of his equity interest in the property and also shall be required to agree to pay up to $1,000 of the outstanding mortgage balance.

Chapter 2 of the 1964 special session provides for the expenditure of $5,500,000 to match grants of federal funds under Section 57 of the Alaska Omnibus Act, with such moneys to be obtained either from the proceeds of the sale of general ob *550 ligation bonds under S.L.A.1964, ch. 48 3 or from funds borrowed from the United States Government by the state as authorized by S.L.A.1964, ch. 104. 4

Chapter 3 of the special session appropriates to the State Department of Commerce from the federal program receipts to be received by the state pursuant to section 57 of the Alaska Omnibus Act the sum of $5,500,000 for the purpose of adjusting or retiring the home mortgage obligations or other real property liens referred to in chapter 1.

Following the enactment of the foregoing statutes, and pursuant to section 3 of chapter 1, the Governor submitted to the President of the United States an Alaska Mortgage Adjustment Plan for the implementation of the purpose of section 57 of the Alaska Omnibus Act. This plan was approved on behalf of the President by the Plousing and Home Finance Administrator on February 18, 1965. The purpose of the plan was to establish administrative guidelines for the program of grants for the retirement or adjustment of outstanding home mortgage obligations or other real property liens secured by one to four family homes destroyed or severely damaged by the March 27, 1964 earthquake and seismic waves.

For purposes of convenience, chapters 1, 2 and 3 of the 1964 special session of the Alaska legislature, and the Alaska Mortgage Adjustment Plan, will be referred to as the Alaska Mortgage Adjustment Program, or more ' simply, as the Program. Appellant, a taxpayer, brought this action for a declaratory judgment that the Program is unconstitutional and void, and to enjoin the appellees from carrying it out. The trial court entered judgment upholding the constitutionality of the Program. On this appeal appellant attacks fhe constitutionality and validity of the Program on various grounds, each of which will be considered separately.

Natural Disaster.

The Alaska Constitution, Article IX, Section 8 provides:

No state debt shall be contracted unless authorized by law for capital improvements and ratified by a majority of the qualified voters of the State who vote on the question. The State may, as provided by law and without ratification, contract debt for the purpose of repelling invasion, suppressing insurrection, defending the State in war, meeting natural disasters, or redeeming indebtedness outstanding at the time this constitution becomes effective.

It was stipulated that the consummation of the Program necessitated the creation of a state debt without ratification by the voters. Appellant contends that such ratification was required in order to validate the Program because it does not meet a natural disaster as provided in the constitution.

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Bluebook (online)
414 P.2d 546, 1966 Alas. LEXIS 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/suber-v-alaska-state-bond-committee-alaska-1966.