00                             HOUSE BILL NO. 143                                                                          
01 "An Act relating to the modification or relocation of a public easement or right-of-way;                                
02 and relating to restrictions on easement or right-of-way use."                                                          
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 19.30.410 is amended to read:                                                                      
05 Sec. 19.30.410. Vacation, modification, or relocation of public easements                                           
06 or [OF] rights-of-way. Notwithstanding another provision of law, the Department of                                  
07 Natural Resources, the Department of Transportation and Public Facilities, or another                                   
08 agency of the state may not vacate, modify, or relocate a public easement reserved                                  
09 along a section line under AS 19.10.010 or a right-of-way acquired by the state                                     
10       under former 43 U.S.C. 932 unless                                                                                 
11                 (1)  a reasonably comparable, established alternate easement or right-                              
12       of-way or means of access exists that is sufficient to satisfy all present and reasonably                         
13       foreseeable uses;                                                                                                 
14                 (2)  the easement or right-of-way is within a municipality, the                                     
01       municipal assembly or council has requested the vacation, modification, or                                    
02       relocation, a reasonable alternative means of access is available, and the vacation,                      
03       modification, or relocation is in the best interests of the state; or                                         
04                 (3)  the vacation, modification, or relocation is approved by the                                   
05       legislature.                                                                                                      
06    * Sec. 2. AS 38.04.058 is amended to read:                                                                         
07 Sec. 38.04.058. Restrictions on easement or right-of-way use. The                                                     
08 commissioner may, under terms agreed to in writing by a grantee, lessee, or interest                                    
09 holder of state land, or by a party to a land use agreement, restrict the use of an                                 
10       easement or right-of-way reserved under AS 38.04.050, 38.04.055, or other law in                                  
11       order to protect public safety or property. The commissioner may not agree to or                                  
12       enforce a restriction under this section unless                                                                   
13                 (1)  the restriction is narrowly tailored to achieve the protection of                              
14 public safety and property while preserving access to the maximum extent practicable;                               
15 (2)  [AND] the commissioner makes a written finding identifying how                                                 
16       the restriction will protect public safety and public or private property; and                                
17                 (3)  a reasonably comparable alternate means of access is made                                      
18       available.