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HB 247: "An Act requiring the state to vacate rights to easements along state highways."

00 HOUSE BILL NO. 247 01 "An Act requiring the state to vacate rights to easements along state highways." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 19.05 is amended by adding a new section to article 1 to read: 04 Sec. 19.05.075. Vacation of state-owned easements. (a) The state shall vacate 05 all or part of an easement for a portion of a state highway right-of-way and return the 06 rights to the land to the private landowner at no cost if 07 (1) the extent of the easement exceeds the other easements for that area 08 of the highway; 09 (2) the easement extends beyond the current highway needs; 10 (3) the private landowner applies to the department to release all or 11 part of the easement to the landowner; and 12 (4) the state reserves the right to reacquire the vacated easement for 13 highway needs at no cost. 14 (b) The landowner may not receive compensation for any improvements to the 15 land if the state reacquires the easement under (a)(4) of this section.

01 (c) The department shall adopt regulations and implement procedures for the 02 vacation and reacquisition of easements under this section.