HB 143: "An Act relating to the modification or relocation of a public easement or right-of-way; and relating to restrictions on easement or right-of-way use."
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.