00                            HOUSE BILL NO. 142                                                                          
01 "An Act relating to use of railroad land for public purposes."                                                          
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 42.40.420 is amended to read:                                                                      
04 Sec. 42.40.420. Public use of railroad land. (a) Upon request of a                                                
05 municipality or the state, the corporation may authorize use of railroad land for public                                
06 purposes. Subject to AS 42.40.350(b) and (b) of this section, the corporation shall                                 
07 authorize a walkway or a trail if the board first finds in writing that the proposed                                    
08 walkway or trail will not create a safety hazard and will not unreasonably interfere                                    
09       with continued or expanded operations in the utility corridor.                                                    
10            (b)  Before authorizing a use under this section, the corporation [BOARD]                            
11       shall require the municipality or state to                                                                        
12                 (1)  execute an agreement in a form approved by the board to                                        
13 (A) [(1)]  agree to restrictions, limitations, and conditions on the                                                
14 proposed use required by the corporation and reasonably calculated to reduce                                            
15 the risk of a safety hazard or interference with authorized uses in the utility                                         

01            corridor;                                                                                                    
02                      (B) [(2)]  hold the corporation harmless from and indemnify the                                
03            corporation for liability and claims arising from any use authorized under this                              
04            section including                                                                                            
05                           (i) [(A)]  defending the corporation in a cause of action                                 
06                 brought against the corporation as a result of the use; and                                             
07 (ii) [(B)]  indemnifying the corporation for the amount                                                             
08 of a judgment, including prejudgment and postjudgment interest,                                                         
09 rendered against the corporation, and for all costs and attorney                                                    
10 [ATTORNEY'S] fees incurred by the corporation in settling or                                                            
11                 defending the claim; and                                                                                
12 (C) [(3)]  stop the use upon request of the corporation if the use                                                  
13 interferes with expansion or replacement of railroad facilities, creates a safety                                       
14            hazard, or interferes with railroad operations; and                                                      
15 (2)  obtain a notarized written statement from the owner of real                                                    
16 property subject to an easement in favor of the corporation consenting to the use                                   
17 of that property and record the statement in the recorder's office of the recording                                 
18       district in which the property is located.                                                                    
19    * Sec. 2. AS 42.40.460(g) is amended to read:                                                                      
20 (g)  In delegating management authority over or conveying all or a portion of                                           
21 state land to the corporation, the Department of Natural Resources shall reserve the                                    
22 right to authorize, by lease, permit, or other method, a person to cross or construct                                   
23 access across the transportation corridor and associated rail land; however, before                                     
24 authorizing a crossing or construction of access, the department shall obtain                                           
25 concurrence from the corporation that the proposed crossing or construction is                                          
26 consistent with applicable safety standards and, to the extent practical, minimizes                                     
27 effects on railroad operating efficiency. Neither the corporation nor the state is liable                               
28 for claims arising from public use of the transportation corridor and associated rail                                   
29 land, except to the extent the claims arise from the gross negligence of the state, the                                 
30 corporation, their employees, or their contractors, respectively. The department shall                                  
31 indemnify the corporation consistent with AS 42.40.420(b)(1) [AS 42.40.420(1) - (3)]                                

01       for claims or related litigation arising from an authorization issued by the department                           
02       under this section, except to the extent the claims arise from the gross negligence of                            
03       the corporation, its employees, or its contractors.                                                               
04    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
05 read:                                                                                                                   
06       APPLICABILITY. AS 42.40.420, as amended by sec. 1 of this Act, applies to uses of                                 
07 railroad land authorized on or after the effective date of this Act.