Legislature(2003 - 2004)
04/01/2003 01:35 PM Senate L&C
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 93-ADVERSE POSSESSION CHAIR BUNDE announced SB 93 to be up for consideration. MS. AMY SEITZ, staff to Senator Wagoner, sponsor of SB 93, said the Department of Transportation and Public Facilities (DOTPF) had concerns with road construction and rights-of-way. Those concerns have been worked in the new committee substitute (CS). SENATOR SEEKINS moved to adopt the CS to SB 93, Version Q. There were no objections and it was so ordered. MS. SEITZ reviewed the changes for the committee. SENATOR FRENCH recalled this bill would not interrupt anyone's pending claim of adverse possession. MS. SEITZ verified that is correct. SENATOR FRENCH asked if anyone who still thinks they have a claim to land under adverse possession would be able to pursue that claim. MS. SEITZ replied they must have already filed. MR. JOHN MACKINNON, Deputy Commissioner, Department of Transportation and Public Facilities, said Senator Wagoner was very helpful in helping DOTPF address its concerns and that this particular language probably takes care of 80-85% of them. He noted they are still working on the other issues. SENATOR FRENCH asked what the remaining differences are. MR. MACKINNON replied that the differences have to do with things that may not occur exactly on the right-of-way, for instance, on a wayside where part of the slope extends out of the right-of-way or where drainage improvements on the highways could cause problems down slope. DOTPF does not want those issues to come back at it in the future. MR. JON TILLINGHAST, counsel for Sealaska Corporation, corrected a previous answer to Senator French's question about existing adverse possession claims by saying they would be protected under this bill if the person has possessed the property for the requisite period of years under existing law. However, claimants need not have filed by the effective date of this act. SENATOR FRENCH asked if some big dispute out there that Sealaska is trying to extinguish is going to get settled by this legislation. MR. TILLINGHAST replied that Sealaska is not involved in a current dispute or litigation with a squatter that this legislation would settle, but Sealaska has had difficulties in the past with squatters. He expects future problems if a bill like this is not enacted. SENATOR SEEKINS moved to pass CSSB 93(L&C) from committee with individual recommendations. The roll was called. SENATORS FRENCH, STEVENS, DAVIS, SEEKINS and BUNDE voted yea, therefore CSSB 93(L&C) moved from committee.
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