HB 93: "An Act relating to railroad rights-of-way."

00 HOUSE BILL NO. 93 01 "An Act relating to railroad rights-of-way." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 42.40.350 is amended by adding new subsections to read: 04 (e) Notwithstanding any other provision of law, the corporation may not 05 block, limit access to or use of, or impose a charge for access to or use of a 06 corporation right-of-way, as defined in 45 U.S.C. 1202(11), by an adjacent landowner. 07 Nothing in this subsection prohibits the corporation from bringing an action to enjoin 08 use of a railroad right-of-way that materially interferes with or causes substantial 09 safety issues related to rail operations. This subsection does not limit the corporation's 10 power of eminent domain under AS 42.40.385. 11 (f) The corporation shall record a notice of adjacent landowner rights in a 12 recording district in which the corporation previously recorded a patent the 13 corporation received that describes a railroad right-of-way, as defined in 45 U.S.C. 14 1202(11). The notice must 15 (1) contain the language in (e) and (g) of this section; and

01 (2) reference the previously recorded patent number, property 02 description, and the book and page number of the previous recording. 03 (g) In this section, "adjacent landowner" means a patent holder, or successor, 04 as to all or a portion of real property 05 (1) located adjacent to a railroad utility corridor; 06 (2) the title to which vested before January 1, 1983; and 07 (3) that contained or was required to contain a reservation for the 08 Alaska Railroad under former 43 U.S.C. 975, et seq. (Alaska Railroad Act of 1914).