04/10/2007 01:30 PM House FINANCE

HOUSE BILL NO. 175                                                                                                            
                                                                                                                                
     An Act  relating to the  prohibition of the  exercise of                                                                   
     the  power  of eminent  domain  against  a  recreational                                                                   
     structure for the purposes  of developing a recreational                                                                   
     facility or project.                                                                                                       
                                                                                                                                
REPRESENTATIVE  CRAIG JOHNSON,  SPONSOR,  explained that  the                                                                   
legislation resulted  from a the loss of property  case.  The                                                                   
legislation  would  include  a  recreational  structure  that                                                                   
would prevent the taking of land  for eminent domain if there                                                                   
is a permanent  structure on the recreational  property.  The                                                                   
legislation  would still  allow  for power  lines, water  and                                                                   
other infrastructure.                                                                                                           
                                                                                                                                
Representative  Johnson  concluded  that  the  right  to  own                                                                   
private  property is  one of  the most  important rights  for                                                                   
Alaskans  & by  prohibiting government  seizure of  privately                                                                   
owned recreational structures  for recreational purposes.  HB
 strengthens  the right and  ensures the continued  use of                                                                   
land in private ownership.                                                                                                      
                                                                                                                                
2:53:43 PM                                                                                                                    
                                                                                                                                
Representative   Gara   noted   that   previous   legislation                                                                   
prohibits eminent domain within  250' of someone's house.  He                                                                   
pointed  out  that  the  proposed   bill  adds  "recreational                                                                   
structures".   Representative Johnson observed  that it would                                                                   
allow  for  traditional  use such  as  hunting  and  fishing.                                                                   
Representative  Gara  did  not  agree  that  traditional  use                                                                   
should be allowed  in the proposed language.   Representative                                                                   
Johnson offered to verify that.                                                                                                 
                                                                                                                                
2:55:23 PM                                                                                                                    
                                                                                                                                
In response  to  Vice Chair  Stoltze, Representative  Johnson                                                                   
observed  that it  is not the  intent to  change the  eminent                                                                 
domain law  to allow  reasonable use.   He expressed  concern                                                                   
that  an individual's  property could  be taken  in order  to                                                                   
allow  others  to  recreate,  noting  that  he  is  a  strong                                                                   
supporter of personal property rights.                                                                                          
                                                                                                                                
PUBLIC TESTIMONY CLOSED                                                                                                       
                                                                                                                                
2:57:56 PM                                                                                                                    
                                                                                                                                
Representative  Thomas pointed  out the  letters of  support.                                                                   
Representative  Johnson  stressed  that the  legislation  has                                                                   
been well advertised & is well supported.                                                                                       
                                                                                                                                
Representative Foster  MOVED to REPORT CS HB 29  (JUD) out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal note.  There being NO OBJECTION, it was                                                                     
so ordered.                                                                                                                     
                                                                                                                                
CS HB 175 (JUD) was reported out of Committee with a "no                                                                        
recommendation" and with zero note #1 by the Department of                                                                      
Transportation & Public Facilities.