HB 88: "An Act relating to the liability of landowners and others for civil damages for certain acts or omissions occurring on land."
00HOUSE BILL NO. 88 01 "An Act relating to the liability of landowners and others for civil damages for 02 certain acts or omissions occurring on land." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 09.65.200 is repealed and reenacted to read: 05 Sec. 09.65.200. Immunity for civil damages for certain acts or omissions 06 occurring on land. (a) An owner of unimproved land is not liable in tort, except for 07 an act or omission that constitutes gross negligence or reckless or intentional 08 misconduct, for damages for the injury to or death of a person who enters onto or 09 remains on the unimproved portion of land if 10 (1) the injury or death resulted from a natural condition of the 11 unimproved portion of the land or the person entered onto the land for recreation; and 12 (2) the person had no responsibility to compensate the owner for the 13 person's use or occupancy of the land. 14 (b) In addition to the immunity provided under (a) of this section, an owner
01 of land is not liable for civil damages, except for an act or omission that constitutes 02 gross negligence or reckless or intentional misconduct, to a person who enters onto or 03 remains on the land if 04 (1) under AS 34.17 a conservation easement providing public access 05 to the land for recreational purposes has been conveyed; 06 (2) the person had no responsibility to compensate the owner for the 07 person's use of the easement on the land; and 08 (3) the civil damages arise out of the person's use of the easement on 09 the land. 10 (c) The immunity under (b) of this section extends to the grantee of the 11 conservation easement under AS 34.17 providing public access to the land for 12 recreational purposes. 13 (d) This section does not enhance or diminish rights granted under former 43 14 U.S.C. 932 (R.S. 2477). 15 (e) In this section, "unimproved land" includes land that contains 16 (1) a trail; 17 (2) an abandoned aircraft landing area; or 18 (3) a road built to provide access for natural resource extraction, but 19 which is no longer maintained or used.