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24th Alaska State Legislature
The 24th Alaska State Legislature
Alaska State Representative Paul Seaton
Sponsor Statement

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Session:
State Capitol, Room 102
Juneau, AK 99801-1182
Phone: (907) 465-2689
Fax: (907) 465-3472
Toll Free: (800) 665-2689
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Interim:
345 W. Sterling Hwy. Suite 102B
Homer, AK 99603
Phone: (907) 235-2921
Fax: (907) 235-4008
Personal Website:
www.reppaulseaton.com


Liability for Recreational Land Use
Sponsor Statement for House Bill 415
Alaska State Legislature
Alaska State Legislature
Attachments Attachments

 
Released:
March 20, 2006
Updated:
February 19, 2012


"An Act relating to landowners' immunity for allowing use of land without charge for a recreational activity; relating to landowners' liability where landowner conduct involves gross negligence or reckless or intentional misconduct; relating to claims of adverse possession and prescriptive easements, or similar claims; and providing for an effective date. "


"HB 415 promotes recreation throughout Alaska by clarifying the rights and responsibilities of landowners, encouraging them to allow the public free recreational use of their lands."
- Rep. Seaton

 

House Bill 415 encourages recreational use of private lands by protecting landowners who allow free public access to their lands.

HB 415 stipulates that a private landowner does not owe to a person using his or her property for recreational purposes, (1) a duty to keep the land safe for use, (2) a duty to warn of unsafe conditions, or (3) a duty to curtail the use of their land for recreational purposes. A landowner receives no protection under the bill if they either charge for access or are guilty of intentional, reckless or grossly negligent conduct.

Current state law does not directly address recreational use of private lands. Alaska's Recreational Activities statute, AS.09.65.290, passed by the legislature in 2003, mainly addresses commercial operators. Some landowners are protected by Alaska's unimproved land statute, AS.09.65.200, but it is difficult to determine what lands qualify in more developed areas. Lands near any sort of structure, or that have been altered slightly from their natural state, such as a hayfield, may not be covered under that statute.

Parties interested in allowing public access of their lands are unable to assess their risks. The courts likewise have few means of interpreting legislative intent regarding the relationship between landowner and recreational land user. HB 415 eliminates these ambiguities by granting immunity for the recreational use of private lands in the same manner adopted by most other states.

HB 415 promotes recreation throughout Alaska by clarifying the rights and responsibilities of landowners, encouraging them to allow the public free recreational use of their lands.

# # #

 
Attachments:
 
·
Print Text Version
· Acrobat PDF Version [PDF - 1 page - 19 KB]
· Complete Bill Text for HB 415


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· Health Care Directives Forms  
· PERS/TRS Unfunded Liability Background Information  
· New Oil Tax Revenue Comparison Chart
[PDF - 7pp - 24 KB]
 
· Contact Staff  
· Biography  
· Committee Memberships  
· State Affairs Com.  
· Press Releases  
· Audio Clips  
· Opinion-Editorial  
· Personal Legislation  
· Co-Sponsored Legislation  
· District Newsletters
& Info
 
· District Web Directory  
· 23rd Legislature  
Alaska State Legislature
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