Legislature(2003 - 2004)
05/02/2003 01:53 PM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 93-ADVERSE POSSESSION
CHAIR SEEKINS announced SB 93, version \V, to be up for
consideration.
SENATOR OGAN moved to adopt CSSB 93(JUD), version \W. There was
no objection and it was so ordered.
MS. AMY SEITZ, Staff to Senator Wagoner, sponsor, explained that
the committee adopted two conceptual amendments and Legislative
Legal made the new section 2 to address the boundary dispute
issue and new section 3 exempts utilities from what SB 93 would
do to the adverse possession law.
SENATOR OGAN questioned language in section 3 that said,
"presume to give title to the right-of-way or other interests to
the public utility". He wanted to know what other interests
might be.
MR. JON TILLINGHAST, Sealaska Corporation, explained that with
"other interests," the intent is to not change the ground rules
with respect to utilities or the Department of Transportation
from existing law.
SENATOR OGAN asked if this allows someone to gain title to not
only the right-of-way, but other interests, as well.
SENATOR ELLIS arrived at 2:13 p.m.
MR. TILLINGHAST replied that if there's a chance of anybody
getting a fee simple interest as a result of this section, it's
because of the words "or other interest". The earlier section
explains there may be circumstances where a fee simple interest
is necessary in order to own or operate the facility that you're
owning or operating.
SENATOR OGAN asked if it was necessary to get ownership by
adverse possession and could a utility get title to his property
if they had a power line going over it for 20 years as a
recorded right-of-way.
MR. TILLINGHAST responded under existing law if a utility line
is on his property for 15 - 20 years, they would by adverse
possession have a right-of-way, because that's all that's
necessary for them to maintain that utility line. This section
doesn't change that. They only get the least interest that's
necessary to do what they are doing.
SENATOR OGAN asked if it said that somewhere in Title 9.
MR. TILLINGHAST replied that line 17 says it.
SENATOR OGAN said he would be more comfortable in taking out the
"other interests" language and just have the ability to give
title to the right-of-way by adverse possession.
CHAIR SEEKINS said he also didn't want to give them any
subsurface mineral rights.
SENATOR WAGONER commented that this has gone through legal a
couple of times and he didn't think they would give a utility
any rights other than rights-of-way.
2:22 - 2:28 p.m. - at ease
SENATOR OGAN said he talked with Jack Chenoweth, Legislative
Legal, who said that utilities have easements and under this
bill, they're going to get title to right-of-way and other
interests and those could mean anything. They could get title to
the property if they had a power line across it by asserting
adverse possession.
SENATOR WAGONER said that was not his intention.
CHAIR SEEKINS said they would hold the bill until a new version
could be drafted.
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