00CS FOR SENATE BILL NO. 178(JUD) am(efd fld)                                                                             
01 "An Act relating to civil nuisance actions."                                                                            
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  AS 09.45.230 is repealed and reenacted to read:                                                        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 but excluding the placement of                                    
09 nuclear waste, that is the subject of the action is authorized by and is not in violation                               
10 of a term or condition of                                                                                               
11   (1)  a statute or regulation;                                                                                        
12   (2)  a license, permit, or order issued after public hearing by the state                                            
13 or federal government; or                                                                                               
14   (3)  a court order or decision.                                                                                      

01  (c)  The provisions of (b) of this section do not apply to actions regarding a                                        
02 nuisance in an area zoned as residential by a city, borough, or municipality regarding                                  
03 view, odor, or noise.                                                                                                   
04  (d)  Notwithstanding other provisions of law, except  AS 09.50.170 - 09.50.240                                        
05 and AS 19.25.080 - 19.25.180, a person may not bring a civil action to enjoin or abate                                  
06 a private nuisance or to recover damages for a private nuisance unless the action is                                    
07 authorized by this section.                                                                                             
08    * Sec. 2.  AS 09.45 is amended by adding a new section to article 4 to read:                                         
09  Sec. 09.45.255.  DEFINITION.  In AS 09.45.230 - 09.45.255, "nuisance" means                                           
10 a substantial and unreasonable interference with the use or enjoyment of real property,                                 
11 including water.                                                                                                        
12    * Sec. 3.  This Act applies to an action if judgment has not been entered in the action                              
13 before the effective date of this Act, and to that extent this Act is retroactive under                                 
14 AS 01.10.090.