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HOUSE BILL NO. 143
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FIRST LEGISLATURE - FIRST SESSION
BY REPRESENTATIVE WILSON
Introduced: 4/24/19
Referred: Transportation, Resources
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to the modification or relocation of a public easement or right-of-way;
2 and relating to restrictions on easement or right-of-way use."
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
4 * Section 1. AS 19.30.410 is amended to read:
5 Sec. 19.30.410. Vacation, modification, or relocation of public easements
6 or [OF] rights-of-way. Notwithstanding another provision of law, the Department of
7 Natural Resources, the Department of Transportation and Public Facilities, or another
8 agency of the state may not vacate, modify, or relocate a public easement reserved
9 along a section line under AS 19.10.010 or a right-of-way acquired by the state
10 under former 43 U.S.C. 932 unless
11 (1) a reasonably comparable, established alternate easement or right-
12 of-way or means of access exists that is sufficient to satisfy all present and reasonably
13 foreseeable uses;
14 (2) the easement or right-of-way is within a municipality, the
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1 municipal assembly or council has requested the vacation, modification, or
2 relocation, a reasonable alternative means of access is available, and the vacation,
3 modification, or relocation is in the best interests of the state; or
4 (3) the vacation, modification, or relocation is approved by the
5 legislature.
6 * Sec. 2. AS 38.04.058 is amended to read:
7 Sec. 38.04.058. Restrictions on easement or right-of-way use. The
8 commissioner may, under terms agreed to in writing by a grantee, lessee, or interest
9 holder of state land, or by a party to a land use agreement, restrict the use of an
10 easement or right-of-way reserved under AS 38.04.050, 38.04.055, or other law in
11 order to protect public safety or property. The commissioner may not agree to or
12 enforce a restriction under this section unless
13 (1) the restriction is narrowly tailored to achieve the protection of
14 public safety and property while preserving access to the maximum extent practicable;
15 (2) [AND] the commissioner makes a written finding identifying how
16 the restriction will protect public safety and public or private property; and
17 (3) a reasonably comparable alternate means of access is made
18 available.
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Statutes affected:
HB0143A, AM HB 143, introduced 04/24/2019: 19.30.410, 19.10.010, U.S.C, 38.04.058