Sec. 09.65.202. Tort immunity for landowners' allowing recreational activity; adverse possession.

484 words·~2 min read·/ak/title-9/chapter-65/09-65-202

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A landowner that allows a recreational activity on the landowner's land without charge does not, by allowing that activity,

(1)owe a duty of care to maintain the land safe for entry or use for a recreational activity or to eliminate, alter, or control the inherent risks of a recreational activity;

(2)owe a duty to warn persons using the land for a recreational activity of any dangerous condition, known or unknown, apparent or hidden;

(3)owe a duty to curtail or prevent use of the land for recreational activities;

(4)implicitly ensure that the land is safe for any purpose;

(5)confer a legal status, such as invitee or licensee, to which a special duty of care is owed; or

(6)assume responsibility for any injury to persons or property.

(b)This section applies only during the time that a landowner allows recreational use under a recorded grant of a public recreational use easement as required in AS 34.17.100 .

(c)This section does not apply to a civil action

(1)if the landowner collects a charge for entry on the land for a recreational activity; or

(2)that is based on intentional, reckless, or grossly negligent conduct of the landowner.

(d)This section may not be construed to conflict with, nor does it have any effect on, a liability release agreement between a participant in a recreational activity and a landowner.

(e)Except as provided for under AS 09.45.052 (d), land use allowed by a landowner for a recreational activity without charge may not form the basis of a claim for adverse possession, prescriptive easement, or a similar claim.

(f)In this section,

(1)“charge” means a fee or admission price imposed for access to or use of land, a recreational activity, a service, an entertainment, or another activity, except that the following is not considered a “charge”:

(A)consideration received by the landowner from the state or political subdivision for land leased or dedicated to the state or political subdivision;

(B)property tax relief in exchange for a landowner's agreement to open land for a recreational activity; or

(C)a contribution in kind, service, or cash from a user if all of the contribution is used to improve access or trails, to remedy or reduce damage, to provide warning of a hazard, or to remove a hazard from the land;

(2)“land” includes private

(A)unimproved land;

(B)improved land, exclusive of buildings, structures, machinery, or equipment on the land;

(C)ways or land subject to an easement or right-of-way;

(D)roads and trails;

(E)water and watercourses on or running through the land;

(3)“landowner” means a private person who owns land;

(4)“private person” has the meaning given in AS 09.55.240 ;

(5)“recreational activity” has the meaning given “sports or recreational activity” in AS 09.65.290 .