SSHB 194: "An Act vacating a portion of the Copper Center - Valdez right-of-way; relating to rights-of-way acquired under former 43 U.S.C. 932 that cross land owned by a private landowner; and relating to the use of eminent domain to realign a right-of-way."
00 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 194 01 "An Act vacating a portion of the Copper Center - Valdez right-of-way; relating to 02 rights-of-way acquired under former 43 U.S.C. 932 that cross land owned by a private 03 landowner; and relating to the use of eminent domain to realign a right-of-way." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 19.30.400 is amended by adding a new subsection to read: 06 (e) The Copper Center - Valdez right-of-way, RST 633, identified in (d) of 07 this section is vacated for those portions that overlap public easements established 08 under 43 U.S.C. 1616(b) (Alaska Native Claims Settlement Act). 09 * Sec. 2. AS 19.30 is amended by adding a new section to read: 10 Sec. 19.30.430. Rights-of-way acquired under former 43 U.S.C. 932 that 11 cross land conveyed to a private landowner. (a) Notwithstanding AS 19.10.015(a), 12 a right-of-way granted under former 43 U.S.C. 932 (R.S. 2477) that crosses land 13 owned by a private landowner is limited to the uses of the route established on 14 October 21, 1976, and may not exceed a width of 60 feet.
01 (b) A right-of-way granted under former 43 U.S.C. 932 (R.S. 2477) that 02 crosses land owned by a private landowner may be used only for transportation 03 purposes and may not be used for rest areas, parking lots, overnight camping, boat 04 launches, recreation sites, or other similar uses. 05 (c) A right-of-way granted under former 43 U.S.C. 932 (R.S. 2477) that 06 crosses land owned by a private landowner shall include a secondary easement to 07 enter, inspect, repair, maintain, and improve the right-of-way under the following 08 conditions: 09 (1) routine maintenance and repair may only preserve the condition of 10 the right-of-way as it existed on October 21, 1976; 11 (2) the state may make reasonable and necessary improvements to a 12 right-of-way for the transportation uses preserved by the right-of-way; 13 (3) before improvements, other than routine maintenance and repair, 14 the state shall consult with and gain the permission of the private landowner subject to 15 the right-of-way established under former 43 U.S.C. 932 (R.S. 2477) and give the 16 private landowner an opportunity to 17 (A) determine whether the proposed improvements are 18 reasonable in light of the traditional uses of the right-of-way as it existed on 19 October 21, 1976; 20 (B) study the potential effect of the proposed improvements on 21 the surrounding land; and 22 (C) determine whether modifications to the proposed 23 improvements should be made to protect the surrounding land and propose 24 modifications, if appropriate; 25 (4) in the event of a dispute between the private landowner and the 26 state about proposed improvements, the dispute shall be submitted to mediation 27 directed by a mediator who is mutually agreeable to the parties and who is not 28 employed by either party; each party shall bear its proportionate share of the cost of 29 mediation, including the mediator fees; if, after a period of 60 days following 30 commencement of mediation, the parties are unable to resolve the dispute, either party 31 may bring suit in superior court; the proposed improvements may not proceed until
01 resolution of the suit. 02 (d) Notwithstanding any other provision of law, if a right-of-way established 03 under former 43 U.S.C. 932 (R.S. 2477) has been damaged beyond repair by natural 04 causes and the state plans to realign the right-of-way as provided in (c)(3) of this 05 section, the state shall use the process in AS 09.55.240 - 09.55.460 for any additional 06 land that will be burdened by the realigned right-of-way. 07 (e) In this section, "routine maintenance and repair" includes preservation of 08 an existing road or trail by physical upkeep, repair of wear or damage from natural or 09 other causes, maintenance of the shape of the road, grading or blading to preserve the 10 character of the road, maintenance to ensure proper drainage, and any other activities 11 necessary to preserve the condition of the road as it existed on October 21, 1976.