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Adverse Possession
Sponsor Statement for CS for SB 93 (JUD)
Alaska State Legislature
Alaska State Legislature
Attachments Attachments
 
Released:
May 9, 2003
Mary Jackson
465-4989 (Jan-May)
283-7996 (June-Dec)

    "An Act relating to limitations on actions to quiet title to, eject a person from, or recover real property or the possession of it; relating to adverse possession; and providing for an effective date."

"Under existing law, a person is prohibited from taking government property by adverse possession. SB 93 simply accords equal dignity and protection to private land ownership rights."
- Sen. Wagoner

 

Adverse possession, or "squatters rights", is the doctrine in which a person may receive the title to property simply by possessing it. The Doctrine of Adverse Possession was born some 800 years ago during the Middle Ages, but incredibly still applies in the State of Alaska.

The current doctrine places undue hardships on Alaska's private landowners by charging them with the impossible task of policing their large or remote property. SB 93 would repeal the Doctrine of Adverse Possession in the case of "bad faith" trespassers, giving private property owner's security in knowing their property cannot be taken by squatters. This bill does not affect any existing rights that one may have already acquired through adverse possession, and provisions have been made to protect the means to settle boundary disputes.

Senate Bill 93 gives the state, or political subdivisions, the right to claim land through adverse possession for highways, streets, roads, and trails. This will enable the Department of Transportation to continue providing maintenance and upgrades on roads with minimal complications. It also makes an exception for public utilities gaining rights to easements for utility purposes.

Under existing law, a person is prohibited from taking government property by adverse possession. SB 93 simply accords some equal dignity and protection to private land ownership rights.

Last Updated: 05-09-03

# # #

 
Attachments:
 
· Print Friendly Version
Requires Adobe Acrobat PDF Reader = 1 pages
25 K
 
· Sectional Analysis for SB 93


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