Enrolled HB 146: Authorizing the transfer of land from the State of Alaska and the Alaska Railroad Corporation to property owners along the Eielson Spur Line; and providing for an effective date.
00Enrolled HB 146 01 Authorizing the transfer of land from the State of Alaska and the Alaska Railroad Corporation 02 to property owners along the Eielson Spur Line; and providing for an effective date. 03 _______________ 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 FINDINGS. The legislature finds that the 2003 repeal by the United States Congress 07 of the reversion language of 45 U.S.C. 1208(c) and 1209 (Alaska Railroad Transfer Act) 08 resulted in future retention by the Alaska Railroad Corporation and the State of Alaska of a 09 railroad right-of-way that abutting landowners along the Alaska Railroad Corporation's 10 Eielson Spur had a reasonable expectation would be conveyed to them if the Alaska Railroad 11 Corporation and the State of Alaska discontinued use of the land within the right-of-way. This 12 legislation is intended to replace the reversionary rights of the abutting landowners that were 13 repealed by the United States Congress in 2003.
01 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 DISPOSITION OF RAILROAD RIGHT-OF-WAY TO PROPERTY OWNERS 04 ALONG THE EIELSON SPUR LINE. (a) If the State of Alaska and the Alaska Railroad 05 Corporation discontinue use of the right-of-way along the Alaska Railroad Corporation's 06 Eielson Spur Line, the interest of the State of Alaska and the Alaska Railroad Corporation in 07 the land shall revert to the abutting landowners. The State of Alaska and the Alaska Railroad 08 Corporation shall be considered to have discontinued use under this subsection when 09 (1) the governor delivers to the abutting landowners a notice of 10 discontinuance, including a legal description of the property subject to the notice and a 11 quitclaim deed thereto; or 12 (2) the State of Alaska and the Alaska Railroad Corporation have made no use 13 of the right-of-way for a continuous period of 18 years for transportation, communication, or 14 transmission purposes. 15 (b) On reversion under (a)(2) of this section, the State of Alaska and the Alaska 16 Railroad Corporation shall, on request, convey by quitclaim deed all of their rights, title, and 17 interest in the reverted right-of-way to the abutting landowners. When land abutting the 18 reverted right-of-way is owned by different persons or entities, the conveyance made under 19 this section shall extend the property of each abutting landowner to the centerline of the right- 20 of-way. 21 (c) This section constitutes legislative approval under AS 42.40.285(1) for the Alaska 22 Railroad Corporation to convey its entire interest in the land described in (a) of this section. 23 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).