Legislature(2005 - 2006)CAPITOL 124
03/22/2006 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| HB415 | |
| Board of Game | |
| Big Game Services Board | |
| HB420 | |
| HB419 | |
| Board of Game | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| = | HB 415 | ||
| *+ | HB 419 | TELECONFERENCED | |
| + | HB 420 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 415-LIABILITY FOR RECREATIONAL LAND USE CO-CHAIR RAMRAS announced that the first order of business would be HOUSE BILL NO. 415, "An Act relating to landowners' immunity for allowing use of land for a recreational activity; and providing for an effective date." REPRESENTATIVE SEATON informed the committee that HB 415 seeks to allow public use of private land for recreational purposes with immunity to negligence granted to the landowner. He said there wouldn't be immunity for gross negligence or intentional or reckless conduct. He referred to letters of support from boroughs, the [Alaska] State Chamber of Commerce, the [Kachemak Heritage] Land Trust, the [Alaska] Soil and Water Conservation District, ski associations/organizations, and individuals. Currently, the recreational statute only applies to the inherent risks, but not to the land, which is nonspecific, he said. 1:59:00 PM REPRESENTATIVE SEATON said HB 415 is strongly supported by people across the state, especially in his district. CO-CHAIR RAMRAS stated that he doesn't anticipate contention and requested that testifiers be concise. 2:00:30 PM ANNE MARIE HOLEN, Assistant City Manager, City of Homer, said she's testifying on behalf of Walt Wrede, city manager of Homer. She noted City of Homer resolution 0630, expressing strong support for HB 415 and said outdoor recreation is important to Homer's identity and economy. Most residents of Homer support trails development, but some landowners who would be interested in establishing public trails through their property are understandably nervous about liability. This bill addresses these concerns and clears up ambiguity in current law. She concluded, "HB 415 should be welcomed as an easy 'no-brainer' that will have a positive impact throughout the state." DAVID BRANN, Kachemak Nordic Ski Club and trail volunteer, said he's a founding member of the Coalition for Homer Open Space and Trails (CoHOST). He said recreation plays a significant role in the state's economy, and trails are important for year-round residents and visitors. Demand for recreational opportunities is growing, he noted, but [landowners] have been reluctant to sign a conservation easement to protect them from liability because easements would be in perpetuity. This bill aids large landowners such as Native corporations as well as his neighbor who allows trails across his one-acre property. He said it also would provide more opportunity for trails in urban and suburban areas where many recreationists live. 2:04:46 PM MILLI MARTIN said she serves on the [Kenai Peninsula Borough Assembly], but is representing herself. She mentioned the assembly's resolution 2006-027, which she sponsored. She would like to see the ski trails extended and to offer a trail across her own private property. She expressed her reluctance to do so until this bill passes. She said there's an opportunity on the southern Peninsula to extend trails from Baycrest to McNeil, which won't happen until there's protection for landowners who allow those trails across their land. DAVID SCHEER, Partner, D & A Design, stated that his firm has been working on a number of projects in Homer that involve planning and development of large tracts of land. He noted that the majority of these projects are planned with significant areas of open space, trails, and wildlife corridors, but that it's a struggle to figure out how to allow public access to these private lands without opening his clients to financial liability. As a designer and developer, he said this bill would be a great design tool and would also increase the ability of property owners to decide the best use of their own land. He said it will also benefit the public. He added that this bill would not only allow cities to see an increase in public-use areas, even while economic growth and development infill vacant lands, but the private land open to public use also increases public recreation space with no additional burden on taxpayers. 2:07:38 PM BRUCE HESS, Founding Member, Coalition for Homer Open Space and Trails, relayed that some of the subdivisions in Homer lack pedestrian amenities. He has researched the possibility of a trail serving part of his subdivision. He said the existing statutes regarding immunity and liability don't adequately protect a private property owner. He said HB 415 would remedy that situation and make people much more comfortable in allowing trails and recreational use on private property. 2:09:45 PM LINDSAY WINKLER, Homer Soil and Water Conservation District, Department of Natural Resources (DNR), stated that she's also representing herself as a landowner, and she's on the Alaska Trails Board. She said the Homer Soil and Water Conservation District is a division of DNR and one of the only public agencies that strictly represents private landowners. This bill provides the clarity that is missing from the other four statutes, and the language is standard and has been adopted by about 45 states. She said HB 415 doesn't threaten the landowner's private property rights because it specifically states that informal, noncommercial use doesn't constitute a basis for a prescriptive easement. She referred to Section 3(b)(1) and gross negligence, and in regard to liability, she characterized it as clear. 2:11:42 PM MARUS KILCHER agreed with the preceding testimony. She owns several large properties in Homer and is trustee of the Kilcher family homestead. She expressed the Kilcher family's enjoyment from sharing its property with others for recreational use. She said her primary concern is liability, and this bill would make it easier on both the landowners and the public. AL POINDEXTER, Executive Director, Alaska Association of Conservation Districts, said the association represents 12 conservations districts in Alaska. He commented that a primary benefit of this bill is relieving the anxiety of landowners regarding hunting on their land. His board supports this bill unanimously. "The bill allows neighbors to be good neighbors." ROBERT ARCHIBALD stated that he has 35 acres outside of Homer and having trails on his property is a positive thing for skiing and other recreation. He added that without some sort of liability disclosure, his ability to allow trails on his land is limited. He said that he is in full support of this bill. ROBERTA HIGHLAND, Kachemak Bay Conservation Society, informed the committee that the society has approximately 130 members. She said that it strongly supports this bill. She relayed a dream for Homer to be connected by trails. 2:15:02 PM REPRESENTATIVE SEATON moved to report HB 415 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HB 415 was reported out of the House Resources Standing Committee.
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