SB 45: "An Act relating to tort immunity for personal injuries or death occurring on land; relating to the vacation by the state or a municipality of rights-of-way acquired by the state under former 43 U.S.C. 932; and providing for an effective date."
00SENATE BILL NO. 45 01 "An Act relating to tort immunity for personal injuries or death occurring on 02 land; relating to the vacation by the state or a municipality of rights-of-way 03 acquired by the state under former 43 U.S.C. 932; and providing for an effective 04 date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 09.65.200(a) is amended to read: 07 (a) An owner of [UNIMPROVED] land is not liable in tort, except for an act 08 or omission that constitutes gross negligence or reckless or intentional misconduct, for 09 damages for the injury to or death of a person who enters onto or remains on the 10 [UNIMPROVED PORTION OF] land if 11 (1) the injury or death resulted from a natural condition of the 12 [UNIMPROVED PORTION OF THE] land or the person entered onto the land for 13 recreation; and 14 (2) the person had no responsibility to compensate the owner for the
01 person's use or occupancy of the land. 02 * Sec. 2. AS 19.30.410 is amended to read: 03 Sec. 19.30.410. Vacation of rights-of-way. Notwithstanding another provision 04 of law, the Department of Natural Resources, the Department of Transportation and 05 Public Facilities, or another agency of the state may not vacate a right-of-way acquired 06 by the state under former 43 U.S.C. 932 unless 07 (1) a reasonably comparable, established alternate right-of-way or 08 means of access exists that is sufficient to satisfy all present and reasonably 09 foreseeable uses; 10 (2) the right-of-way is within a municipality, the municipal assembly 11 or council has requested the vacation, a reasonable alternative means of access is 12 available, and the vacation is in the best interests of the state; or 13 (3) the vacation is approved by the legislature. 14 * Sec. 3. AS 29.10.200 is amended by adding a new paragraph to read: 15 (59) AS 29.35.090(b) (certain vacations of rights-of-way prohibited). 16 * Sec. 4. AS 29.35.090 is amended by adding a new subsection to read: 17 (b) Notwithstanding AS 29.40.160 or other provisions of law, a municipality 18 may not vacate a right-of-way acquired by the state under former 43 U.S.C. 932. This 19 subsection applies to home rule and general law municipalities. 20 * Sec. 5. AS 09.65.200(c) is repealed. 21 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).