2008-04-08                     Senate Journal                      Page 2715
HB 25                                                                                                                         
The Judiciary Committee considered HOUSE BILL NO. 25 "An Act                                                                    
relating to landowners' immunity for allowing use of land without                                                               
charge for a recreational activity; relating to landowners' liability                                                           
where landowner conduct involves gross negligence or reckless or                                                                
intentional misconduct; relating to claims of adverse possession and                                                            
prescriptive easements, or similar claims; and providing for an                                                                 
effective date" and recommended it be replaced with                                                                             
                                                                                                                                
          SENATE CS FOR HOUSE BILL NO. 25(JUD) "An                                                                              
          Act relating to landowners' immunity for allowing                                                                     
          use of land without charge for a recreational activity;                                                               
          relating to landowners' liability where landowner                                                                     
          conduct involves gross negligence or reckless or                                                                      
          intentional misconduct; relating to claims of adverse                                                                 
          possession and prescriptive easements, or similar                                                                     
          claims; relating to public recreational use easements                                                                 
          to allow use of land for recreational activity and                                                                    
          prohibiting fees for recording those easements; and                                                                   
          providing for an effective date."                                                                                     
          (Title change SCR 27)                                                                                                 
                                                                                                                                
and further recommended the adoption of the following Judiciary                                                                 
Letter of Intent:                                                                                                               
                                                                                                                                
                               Letter of Intent                                                                                
                                                                                                                                
          It is the intent of the legislature that the public be                                                              
          provided with this sample language for drafting                                                                     
          an easement to the public.                                                                                          
                                                                                                                                

2008-04-08                     Senate Journal                      Page 2716
          A public recreational easement under AS 34.17.100                                                                     
          may be in a form substantially similar to the                                                                         
          following:                                                                                                            
                                                                                                                                
          The grantor, (here insert the name or names and place                                                                 
          of residence), grants a public recreational use                                                                       
          easement to the public under AS.37.14.100 in the                                                                      
          following described real estate (here insert                                                                          
          description), located in the State of Alaska, for the                                                                 
          purpose of making the described real estate available                                                                 
          to the public for recreational use.  Dated this ___ day                                                               
          of ___, 20__.                                                                                                         
                                                                                                                                
          A public recreational use easement under AS                                                                           
          34.17.100 may include other terms relating to the                                                                     
          easement, including terms of restriction, condition,                                                                  
            reservation, duration, or termination of the easement.                                                             
                                                                                                                                
          A deed substantially in the form set above, where                                                                     
          otherwise legally executed and recorded, is                                                                           
          considered sufficient to create a public recreational                                                                 
          use easement to the public at large under AS                                                                          
          37.14.100.                                                                                                            
                                                                                                                                
Signing do pass: Senator French, Chair; Senators Wielechowski,                                                                  
Huggins, McGuire.                                                                                                               
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 2, zero, Department of Administration                                                                          
                                                                                                                                
The bill was referred to the Rules Committee.