The bill amends AS 42.40.420 to clarify the process for authorizing the use of railroad land for public purposes by municipalities or the state. It establishes that the corporation must authorize a walkway or trail if it determines that such use will not pose a safety hazard or interfere with railroad operations. The amendments introduce new requirements for municipalities or the state, including the need to execute an agreement that outlines restrictions and conditions to mitigate safety risks, obtain a notarized statement from property owners consenting to the use of their property, and allow the corporation to halt the use if it interferes with railroad operations.
Additionally, the bill modifies AS 42.40.460(g) to ensure that the Department of Natural Resources must obtain the corporation's concurrence before authorizing any crossings or construction across the transportation corridor. It also clarifies liability provisions, stating that neither the corporation nor the state is liable for claims arising from public use of the railroad land, except in cases of gross negligence. The bill specifies that the new provisions will apply to uses authorized on or after the effective date of the Act.
Statutes affected: HB0142A, AM HB 142, introduced 03/21/2025: 42.40.420, 42.40.350, 42.40.460