00SENATE BILL NO. 178                                                                                                     
01 "An Act relating to civil nuisance actions; and providing for an effective date."                                       
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 09.45.230 is repealed and reenacted to read:                                                        
04  Sec. 09.45.230.  ACTION BASED ON NUISANCE.  (a)  A person may bring                                                   
05 a civil action to enjoin or abate a nuisance.  Damages may be awarded in the action.                                    
06  (b)  A person may not maintain an action under this section if the occupation,                                        
07 structure, or act, including an emission or discharge, that is the subject of the action                                
08 is authorized by                                                                                                        
09   (1)  a statute or regulation;                                                                                        
10   (2)  a license, permit, or other document issued by the state or federal                                             
11 government; or                                                                                                          
12   (3)  a court order or decision.                                                                                      
13  (c)  Notwithstanding other provisions of law, except AS 03.30.030,                                                    
14 AS 09.50.170 - 09.50.240, AS 19.25.080 - 19.25.180, and AS 19.27, a person may not                                      

01 bring a civil action to enjoin or abate a nuisance or to recover damages for a nuisance                                 
02 unless the action is authorized by this section.                                                                        
03  (d)  In this section, "person" includes the state and a political subdivision of the                                  
04 state.                                                                                                                  
05    * Sec. 2.  AS 09.45 is amended by adding a new section to article 4 to read:                                         
06  Sec. 09.45.255.  DEFINITION.  In AS 09.45.230 - 09.45.255, "nuisance" means                                           
07 a substantial and unreasonable interference with the use or enjoyment of real property,                                 
08 including water.                                                                                                        
09    * Sec. 3.  This Act applies to an action if judgment has not been entered in the action                              
10 before the effective date of this Act, and to that extent this Act is retroactive under                                 
11 AS 01.10.090.                                                                                                           
12    * Sec. 4.  This Act takes effect immediately under AS 01.10.070(c).