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.