District M - Republican
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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 |
Sponsor Statement for SB 45
Land Owner Immunity and Right of Way Vacation
Updated: May 8, 1999 The Finance Committee Substitute for Senate Bill 45 amended Senate provides limited immunity to landowners when a conservation easement, which allows public access to the easement for recreational purposes, is granted to the state or a municipality, providing that there was no compensation paid for the access or use. The same limited immunity is granted to the state or municipality accepting the easement. This legislation comes forward in response to the desire to preserve and expand recreational access for Alaskans, and for visitors to the State. The ability to access lands for purposes of skiing, hiking, hunting, fishing, snow-machining and numerous other outdoor recreational activities is an important aspect to enjoying the benefits of our great state. The potential for liability and litigation for private landowners who allow the public free access to their lands for recreational purposes has created pressure to further restrict entry and a disincentive to the establishment of other outdoor activity. Promoting recreational opportunity and establishing additional trail systems has become a priority for a number of groups and organizations around the state. We have received requests and/or support for this legislation from numerous entities including: the State Division of Parks, the Municipality of Anchorage, the Anchorage Economic Development Corporation, the City of Wasilla, the Wasilla, Palmer, Fairbanks and State Chambers of Commerce, the Alaska Snowmachine Association, the Mat-Su Motor Mushers, the Alaska Boaters' Association, and the Alaska Outdoor Council. CSSB 45(FIN) am S also makes a technical correction to the statutes governing vacation of RS 2477 rights-of-way and section line easements granted under former 43 U.S.C. 932. In addition, CSSB 45(FIN) am S provides concise direction in Title 29, the statutes pertaining to local governments, that is reflective of the procedures for easement vacation existing in Title 19. CSSB 45(FIN) am S will assist in the effort to expand recreational opportunities for Alaskans and visitors alike. I urge your support for this legislation.