CSSB 45(JUD): "An Act providing that a person who grants certain conservation easements to the state that provide public access for recreational purposes is immune from tort liability, other than gross negligence or reckless or intentional misconduct, for damages to a person who uses the easement under certain conditions; relating to the vacation by the state or a municipality of rights-of-way acquired by the state under former 43 U.S.C. 932; and providing for an effective date."
00CS FOR SENATE BILL NO. 45(JUD) 01 "An Act providing that a person who grants certain conservation easements to 02 the state that provide public access for recreational purposes is immune from tort 03 liability, other than gross negligence or reckless or intentional misconduct, for 04 damages to a person who uses the easement under certain conditions; relating to 05 the vacation by the state or a municipality of rights-of-way acquired by the state 06 under former 43 U.S.C. 932; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 19.30.410 is amended to read: 09 Sec. 19.30.410. Vacation of rights-of-way. Notwithstanding another provision 10 of law, the Department of Natural Resources, the Department of Transportation and 11 Public Facilities, or another agency of the state may not vacate a right-of-way acquired 12 by the state under former 43 U.S.C. 932 unless 13 (1) a reasonably comparable, established alternate right-of-way or 14 means of access exists that is sufficient to satisfy all present and reasonably
01 foreseeable uses; 02 (2) the right-of-way is within a municipality, the municipal assembly 03 or council has requested the vacation, a reasonable alternative means of access is 04 available, and the vacation is in the best interests of the state; or 05 (3) the vacation is approved by the legislature. 06 * Sec. 2. AS 29.10.200 is amended by adding a new paragraph to read: 07 (59) AS 29.35.090(b) (certain vacations of rights-of-way prohibited). 08 * Sec. 3. AS 29.35.090 is amended by adding a new subsection to read: 09 (b) Notwithstanding AS 29.40.160 or other provisions of law, a municipality 10 may not vacate a right-of-way acquired by the state under former 43 U.S.C. 932. This 11 subsection applies to home rule and general law municipalities. 12 * Sec. 4. AS 34.17 is amended by adding a new section to read: 13 Sec. 34.17.055. Tort immunity from personal injuries or death occurring 14 on land subject to a conservation easement. In addition to the immunity provided 15 by AS 09.65.200, an owner of land subject to a conservation easement that is 50 feet 16 or less in width, that has been granted to and accepted by the state, and that provides 17 public access for recreational purposes on the land subject to the conservation 18 easement is not liable in tort, except for an act or omission that constitutes gross 19 negligence or reckless or intentional misconduct, for damages to a person who uses the 20 easement to enter onto or remain on the land subject to the easement if 21 (1) the person had no responsibility to compensate the owner for the 22 person's use of the easement or the land; and 23 (2) the damages arise out of the person's use of the easement for 24 recreational purposes on the land. 25 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).