CSSB 45(FIN): "An Act providing that a person who grants certain conservation easements to the state or other governmental body that provide public access for recreational purposes and the grantee of the easement are 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(FIN) 01 "An Act providing that a person who grants certain conservation easements to 02 the state or other governmental body that provide public access for recreational 03 purposes and the grantee of the easement are immune from tort liability, other 04 than gross negligence or reckless or intentional misconduct, for damages to a 05 person who uses the easement under certain conditions; relating to the vacation 06 by the state or a municipality of rights-of-way acquired by the state under 07 former 43 U.S.C. 932; and providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 19.30.410 is amended to read: 10 Sec. 19.30.410. Vacation of rights-of-way. Notwithstanding another provision 11 of law, the Department of Natural Resources, the Department of Transportation and 12 Public Facilities, or another agency of the state may not vacate a right-of-way acquired 13 by the state under former 43 U.S.C. 932 unless 14 (1) a reasonably comparable, established alternate right-of-way or
01 means of access exists that is sufficient to satisfy all present and reasonably 02 foreseeable uses; 03 (2) the right-of-way is within a municipality, the municipal assembly 04 or council has requested the vacation, a reasonable alternative means of access is 05 available, and the vacation is in the best interests of the state; or 06 (3) the vacation is approved by the legislature. 07 * Sec. 2. AS 29.10.200 is amended by adding a new paragraph to read: 08 (59) AS 29.35.090(b) (certain vacations of rights-of-way prohibited). 09 * Sec. 3. AS 29.35.090 is amended by adding a new subsection to read: 10 (b) Notwithstanding AS 29.40.160 or other provisions of law, a municipality 11 may not vacate a right-of-way acquired by the state under former 43 U.S.C. 932. This 12 subsection applies to home rule and general law municipalities. 13 * Sec. 4. AS 34.17 is amended by adding a new section to read: 14 Sec. 34.17.055. Tort immunity from personal injuries or death arising out 15 of the use of land subject to a conservation easement. (a) In addition to the 16 immunity provided by AS 09.65.200, an owner of land, a portion of which is subject 17 to a conservation easement that is 50 feet or less in width, that has been granted to and 18 accepted by the state or other governmental body, and that provides public access for 19 recreational purposes on the land subject to the conservation easement is not liable in 20 tort, except for an act or omission that constitutes gross negligence or reckless or 21 intentional misconduct, for damages to a person who uses the easement to enter onto 22 or remain on the land if 23 (1) the person had no responsibility to compensate the owner for the 24 person's use of the easement or the land; and 25 (2) the damages arise out of the person's use of the easement for 26 recreational purposes on the land. 27 (b) The immunity under (a) of this section extends to the grantee of the 28 conservation easement providing public access to the land for recreational purposes. 29 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).