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Portrait of Senator Rick Halford Session:
State Capitol, Room 121
Juneau, AK 99801-1182
Phone: (907) 465-4958
Fax: (907) 465-4928
Send E-Mail

Interim:
PO Box 670190
Chugiak, AK 99567-0190
Phone: (907) 694-4958
Fax: (907) 694-0549

Senate Judiciary Committee Expands Trail Liability Immunity
Halford's Bill Encourages More Trails for Recreation

For Immediate Release: April 19, 1999
Contact: Sen. Rick Halford at (907) 465-4958.

Juneau -- Today, the Senate Judiciary approved Senate Bill 45, sponsored by Senator Rick Halford (R-Chugiak), giving private property owners incentive to provide land for public recreational trails. Current law says that property owners who allow the public free access to their land can be sued by these users if they are injured, even if it is in no way the fault of the land owner. This fear of litigation has caused well intentioned landowners, who would otherwise provide a trail so people could cross their land to hike, ski, hunt, fish and snow-machine, to restrict access.

"Outdoor recreation is important to many Alaskans and a growing visitor industry," said Halford. "If a landowner is willing to allow others free access to their land, they should not have to fear being sued for it."

The version of the bill passed today would allow the landowner to set aside a portion of their land as a conservation easement, which would be granted to the state. The landowner would then be immune from suit, unless they contributed to a hazard by gross negligence or reckless action. Granting immunity to landowners will provide an incentive to establish additional trails across private lands that the public could use free of charge. These additional trails would lead to the establishment of a more comprehensive trail system in our state -- providing greater recreational opportunities for Alaskans and out of state visitors.

Senate Bill 45 is supported by many organizations and governmental entities, including the State Division of Parks, the Municipality of Anchorage, the Anchorage Economic Development Corporation, the City of Wasilla, the Wasilla, Palmer, Chugiak/Eagle River, Fairbanks and State Chambers of Commerce, the Alaska Snowmachine Association, the Anchorage Snowmobile Association, the Mat-Su Motor Mushers, the Caribou Cabin Hoppers, the Alaska Boaters' Association and the Alaska Outdoor Council. Senate Bill 45 will next be heard in the Senate Finance Committee.

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