00                    CS FOR SENATE BILL NO. 93(JUD) am H                                                                 
01 "An Act relating to limitations on actions to quiet title to, eject a person from, or recover                           
02 real property or the possession of it; relating to adverse possession; and providing for an                             
03 effective date."                                                                                                        
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 09.10.030 is amended to read:                                                                     
06            Sec. 09.10.030.  Actions to recover real property [IN 10 YEARS].  Except                                 
07       as provided in (b) of this section, a [A] person may not bring an action for the                              
08       recovery of real property [,] or for the recovery of the possession of it unless the action                       
09       is commenced within 10 years.  An action may not be maintained under this                                     
10       subsection for the recovery unless it appears that the plaintiff, an ancestor, a                              
11       predecessor, or the grantor of the plaintiff was seized or possessed of the premises in                           
12       question within 10 years before the commencement of the action.                                                   
13    * Sec. 2.  AS 09.10.030 is amended by adding a new subsection to read:                                             
14            (b)  An action may be brought at any time by a person who was seized or                                      

01       possessed of the real property in question at some time before the commencement of                                
02       the action or whose grantor or predecessor was seized or possessed of the real property                           
03       in question at some time before commencement of the action, and whose ownership                                   
04       interest in the real property is recorded under AS 40.17, in order to                                             
05                 (1)  quiet title to that real property; or                                                              
06                 (2)  eject a person from that real property.                                                            
07    * Sec. 3.  AS 09.45.052(a) is amended to read:                                                                     
08            (a)  The uninterrupted adverse notorious possession of real property under                                   
09       color and claim of title for seven years or more, or the uninterrupted adverse                                
10       notorious possession of real property for 10 years or more because of a good faith                            
11       but mistaken belief that the real property lies within the boundaries of adjacent                             
12       real property owned by the adverse claimant, is conclusively presumed to give title                           
13       to the property except as against the state or the United States.  For the purpose of this                        
14       section, land that is in the trust established by the Alaska Mental Health Enabling Act                           
15       of 1956, P.L. 84-830, 70 Stat. 709, is land owned by the state.                                                   
16    * Sec. 4.  AS 09.45.052 is amended by adding new subsections to read:                                              
17            (c)  Notwithstanding AS 09.10.030, the uninterrupted adverse notorious use of                                
18       real property by a public utility for utility purposes for a period of 10 years or more                           
19       vests in that utility an easement in that property for that purpose.                                              
20            (d)  Notwithstanding AS 09.10.030, the uninterrupted adverse notorious use,                                  
21       including construction, management, operation, or maintenance, of private land for                                
22       public transportation or public access purposes, including highways, streets, roads, or                           
23       trails, by the public, the state, or a political subdivision of the state, for a period of 10                     
24       years or more, vests an appropriate interest in that land in the state or a political                             
25       subdivision of the state.  This subsection does not limit or expand the rights of a state                         
26       or political subdivision under adverse possession or prescription as the law existed on                           
27       the day before the effective date of this subsection.                                                             
28    * Sec. 5.  The uncodified law of the State of Alaska is amended by adding a new section to                         
29 read:                                                                                                                   
30       APPLICABILITY.  AS 09.10.030, as amended in secs. 1 and 2 of this Act, applies to                                 
31 actions that have not been barred before the effective date of this Act by AS 09.10.030 as it                           

01 read before the effective date of this Act.                                                                             
02    * Sec. 6.  This Act takes effect immediately under AS 01.10.070(c).