00HOUSE BILL NO. 282                                                                                                      
01 "An Act relating to civil nuisance actions; and providing for an effective date."                                       
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 09.45.230 is repealed and reenacted to read:                                                        
04  Sec. 09.45.230.  ACTION BASED ON PRIVATE NUISANCE.  (a)  A person                                                     
05 may bring a civil action to enjoin or abate a private nuisance.  Damages may be                                         
06 awarded in the action.                                                                                                  
07  (b)  A person may not maintain an action under this section if the occupation,                                        
08 structure, or act, including an emission or discharge, that is the subject of the action                                
09 is authorized by                                                                                                        
10   (1)  a statute or regulation;                                                                                        
11   (2)  a license, permit, or order issued by the state or federal government;                                          
12 or                                                                                                                      
13   (3)  a court order or decision.                                                                                      
14  (c)  Notwithstanding other provisions of law, except  AS 09.50.170 - 09.50.240                                        

01 and AS 19.25.080 - 19.25.180, a person may not bring a civil action to enjoin or abate                                  
02 a private nuisance or to recover damages for a private nuisance unless the action is                                    
03 authorized by this section.                                                                                             
04    * Sec. 2.  AS 09.45 is amended by adding a new section to article 4 to read:                                         
05  Sec. 09.45.255.  DEFINITION.  In AS 09.45.230 - 09.45.255, "nuisance" means                                           
06 a substantial and unreasonable interference with the use or enjoyment of real property,                                 
07 including water.                                                                                                        
08    * Sec. 3.  This Act applies to an action if judgment has not been entered in the action                              
09 before the effective date of this Act, and to that extent this Act is retroactive under                                 
10 AS 01.10.090.                                                                                                           
11    * Sec. 4.  This Act takes effect immediately under AS 01.10.070(c).