HB 415: "An Act relating to landowners' immunity for allowing use of land for a recreational activity; and providing for an effective date."

00 HOUSE BILL NO. 415 01 "An Act relating to landowners' immunity for allowing use of land for a recreational 02 activity; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 09.65 is amended by adding a new section to read: 05 Sec. 09.65.202. Tort immunity for landowners' allowing recreational 06 activity; adverse possession. (a) A landowner that directly or indirectly allows a 07 recreational activity on the landowner's land without charge does not, by allowing that 08 activity, 09 (1) owe a duty of care to maintain the land safe for entry or use for a 10 recreational activity or to eliminate, alter, or control the inherent risks of a recreational 11 activity; 12 (2) owe a duty to warn persons using the land for a recreational 13 activity of any dangerous condition, known or unknown, apparent or hidden; 14 (3) owe a duty to curtail or prevent use of the land for recreational

01 activities; 02 (4) implicitly ensure that the land is safe for any purpose; 03 (5) confer a legal status, such as invitee or licensee, to which a special 04 duty of care is owed; or 05 (6) assume responsibility for any injury to persons or property. 06 (b) This section does not apply to a civil action 07 (1) if the landowner collects a charge for entry on the land for a 08 recreational activity; or 09 (2) based on intentional, reckless, or grossly negligent conduct of the 10 landowner. 11 (c) This section may not be construed to conflict with, nor does it have any 12 effect on, a liability release agreement between a participant in a recreational activity 13 and a landowner. 14 (d) Except as provided for under AS 09.45.052(d), land use allowed by a 15 landowner for a recreational activity without charge may not form the basis of a claim 16 for adverse possession, prescriptive easement, or a similar claim. 17 (e) In this section, 18 (1) "charge" means a fee or admission price imposed for access to or 19 use of land, a recreational activity, a service, an entertainment, or another activity, 20 except that the following is not considered a "charge": 21 (A) consideration received by the landowner from the state or 22 political subdivision for land leased or dedicated to the state or political 23 subdivision; 24 (B) property tax relief in exchange for a landowner's agreement 25 to open land for a recreational activity; 26 (C) a contribution in kind, service, or cash from a user if all of 27 the contribution is used to improve access or trails, to remedy or reduce 28 damage, to provide warning of a hazard, or to remove a hazard from the land; 29 (2) "land" includes private 30 (A) improved or unimproved land; 31 (B) ways or land subject to an easement or right-of-way;

01 (C) roads and trails; 02 (D) water and watercourses on or running through the land; 03 (E) buildings, structures, other improvements, machinery, and 04 equipment on the land; 05 (3) "landowner" means 06 (A) a private owner or holder of the possessory or controlling 07 interest in land, including a fee simple interest or life estate; 08 (B) a private lessee; 09 (C) the private holder of an easement; or 10 (D) another private person in control of the land; 11 (4) "recreational activity" has the meaning given in AS 09.65.290. 12 * Sec. 2. This Act takes effect immediately under AS 01.10.070(c).