00                     CS FOR HOUSE BILL NO. 49(JUD) am                                                                   
01 "An Act relating to the prohibition of the exercise of the power of eminent domain                                      
02 against a recreational structure for the purposes of developing a recreational facility or                              
03 project."                                                                                                               
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 09.55.240(e) is amended to read:                                                                   
06            (e)  The power of eminent domain may not be exercised for the purpose of                                     
07       developing a recreational facility or project if the property to be acquired includes an                          
08       individual landowner's personal residence or recreational structure or that portion of                        
09       an individual's property attached to and within 250 linear feet of an individual                                  
10       landowner's personal residence or recreational structure unless the landowner                                 
11       consents either before or after a condemnation proceeding has been filed.                                       
12    * Sec. 2. AS 09.55.240(h)(3) is amended to read:                                                                   
13                 (3)  "personal residence" means a structure that is the dwelling place of                               
14       an individual that                                                                                                

01                      (A)  must be used by the owner or beneficiary of a trust holding                                   
02            legal title to the structure as a dwelling unit, as opposed to a rental, storage, or                         
03            other commercial space;                                                                                      
04                      (B)  must be inhabited by the owner, prior owner, or beneficiary                                   
05            of a trust holding legal title to the structure for at least 90 days during the 12-                          
06            month period immediately before the date an action for the exercise of the                                   
07            power of eminent domain is filed;                                                                            
08                      (C)  must constitute an ordinary home for general living                                           
09            purposes [, AS OPPOSED TO A DWELLING USED ONLY FOR                                                           
10            SEASONAL RECREATIONAL OR TEMPORARY PURPOSES]; and                                                            
11                      (D)  may not have been constructed, placed, or occupied for the                                    
12            purpose of avoiding eminent domain proceedings;                                                              
13    * Sec. 3. AS 09.55.240(h) is amended by adding a new paragraph to read:                                            
14                 (6)  "recreational structure" means a permanent structure that                                          
15                      (A)  is used by the owner or beneficiary of a trust holding legal                                  
16            title to the structure as a dwelling for seasonal recreational purposes, as                                  
17            opposed to a rental, storage, or other commercial space; and                                                 
18                      (B)  may not have been constructed, placed, or occupied for the                                    
19            purpose of avoiding eminent domain proceedings.