SCS HB 25(JUD) am S: "An Act relating to landowners' immunity for allowing use of land without charge for a recreational activity; relating to landowners' liability where landowner conduct involves gross negligence or reckless or intentional misconduct; relating to claims of adverse possession and prescriptive easements, or similar claims; relating to public recreational use easements to allow use of land for recreational activity and prohibiting fees for recording those easements; and providing for an effective date."
00 SENATE CS FOR HOUSE BILL NO. 25(JUD) am S 01 "An Act relating to landowners' immunity for allowing use of land without charge for a 02 recreational activity; relating to landowners' liability where landowner conduct involves 03 gross negligence or reckless or intentional misconduct; relating to claims of adverse 04 possession and prescriptive easements, or similar claims; relating to public recreational 05 use easements to allow use of land for recreational activity and prohibiting fees for 06 recording those easements; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 09.65 is amended by adding a new section to read: 09 Sec. 09.65.202. Tort immunity for landowners' allowing recreational 10 activity; adverse possession. (a) A landowner that allows a recreational activity on 11 the landowner's land without charge does not, by allowing that activity, 12 (1) owe a duty of care to maintain the land safe for entry or use for a 13 recreational activity or to eliminate, alter, or control the inherent risks of a recreational
01 activity; 02 (2) owe a duty to warn persons using the land for a recreational 03 activity of any dangerous condition, known or unknown, apparent or hidden; 04 (3) owe a duty to curtail or prevent use of the land for recreational 05 activities; 06 (4) implicitly ensure that the land is safe for any purpose; 07 (5) confer a legal status, such as invitee or licensee, to which a special 08 duty of care is owed; or 09 (6) assume responsibility for any injury to persons or property. 10 (b) This section applies only during the time that a landowner allows 11 recreational use under a recorded grant of a public recreational use easement as 12 required in AS 34.17.100. 13 (c) This section does not apply to a civil action 14 (1) if the landowner collects a charge for entry on the land for a 15 recreational activity; or 16 (2) that is based on intentional, reckless, or grossly negligent conduct 17 of the landowner. 18 (d) This section may not be construed to conflict with, nor does it have any 19 effect on, a liability release agreement between a participant in a recreational activity 20 and a landowner. 21 (e) Except as provided for under AS 09.45.052(d), land use allowed by a 22 landowner for a recreational activity without charge may not form the basis of a claim 23 for adverse possession, prescriptive easement, or a similar claim. 24 (f) In this section, 25 (1) "charge" means a fee or admission price imposed for access to or 26 use of land, a recreational activity, a service, an entertainment, or another activity, 27 except that the following is not considered a "charge": 28 (A) consideration received by the landowner from the state or 29 political subdivision for land leased or dedicated to the state or political 30 subdivision; 31 (B) property tax relief in exchange for a landowner's agreement
01 to open land for a recreational activity; or 02 (C) a contribution in kind, service, or cash from a user if all of 03 the contribution is used to improve access or trails, to remedy or reduce 04 damage, to provide warning of a hazard, or to remove a hazard from the land; 05 (2) "land" includes private 06 (A) unimproved land; 07 (B) improved land, exclusive of buildings, structures, 08 machinery, or equipment on the land; 09 (C) ways or land subject to an easement or right-of-way; 10 (D) roads and trails; 11 (E) water and watercourses on or running through the land; 12 (3) "landowner" means a private person who owns land; 13 (4) "private person" has the meaning given in AS 09.55.240; 14 (5) "recreational activity" has the meaning given "sports or recreational 15 activity" in AS 09.65.290. 16 * Sec. 2. AS 34.17 is amended by adding a new section to read: 17 Article 2. Public Recreational Use Easements. 18 Sec. 34.17.100. Public recreational use easements. (a) A public recreational 19 use easement may be created for the purposes of AS 09.65.202 by recording the grant 20 of the easement in the recorder's office for the recording district where the land 21 affected by the easement is located. The grant of the public recreational use easement 22 must 23 (1) be on a form provided by the Department of Natural Resources; 24 (2) identify the land affected; 25 (3) set out restrictions, conditions, or reservations affecting the 26 easement, including terms addressing duration or termination of the easement, if any; 27 and 28 (4) state that the purpose of the easement is to make the land available 29 for public recreational activity. 30 (b) The easement granted under (a) of this section may be a conservation 31 easement under AS 34.17.010 - 34.17.060 (Uniform Conservation Easement Act).
01 * Sec. 3. AS 40.17.030(a) is amended to read: 02 (a) Except as provided in (b), (c), and (e) [(b) AND (c)] of this section, to be 03 eligible for recording, a document must 04 (1) contain original signatures; 05 (2) be legible or capable of being converted into legible form by a 06 machine or device used in the recording office; 07 (3) be capable of being copied by the method used in the recording 08 office; 09 (4) contain a title reflecting the overall intent of the document; 10 (5) contain the information needed to index the document under 11 regulations of the department; 12 (6) contain a book and page reference or serial number reference if the 13 document amends, corrects, extends, modifies, assigns, or releases a document 14 previously recorded in this state; 15 (7) contain the name and address of the person to whom the document 16 is to be returned after recording; 17 (8) if it is a deed, contain the mailing addresses of all persons named in 18 the document who grant or acquire an interest under the document; 19 (9) be accompanied by or contain the name of the recording district in 20 which it is to be recorded; and 21 (10) be accompanied by the applicable recording fee set by regulation; 22 if the document is to be recorded for multiple purposes, it must be accompanied by the 23 applicable fee for each of the multiple purposes. 24 * Sec. 4. AS 40.17.030 is amended by adding a new subsection to read: 25 (e) A recording fee may not be charged to record a public recreational use 26 easement under AS 34.17.100, and, notwithstanding (a)(10) of this section, the 27 easement shall be eligible for recording. 28 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 REVISOR'S INSTRUCTION. The revisor of statutes shall substitute "AS 34.17.010 - 31 34.17.060" for "this chapter" in AS 34.17.010 - 34.17.060 and shall substitute "AS 34.17.010
01 - 34.17.060" for "AS 34.17" in AS 29.45.062. 02 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).