Title 9. Code of Civil Procedure.
Chapter 65. Actions, Immunities, Defenses, and Duties.
Sec. 09.65.200 Tort immunity for personal injuries or death occurring on unimproved land.
(a) An owner of unimproved land is not liable in tort, except for an act or omission that constitutes gross negligence or reckless or intentional misconduct, for damages for the injury to or death of a person who enters onto or remains on the unimproved portion of land if
(1) the injury or death resulted from a natural condition of the unimproved portion of the land or the person entered onto the land for recreation; and
(2) the person had no responsibility to compensate the owner for the person's use or occupancy of the land.
(b) This section does not enhance or diminish rights granted under former 43 U.S.C. 932 (R.S. 2477).
(c) In this section, "unimproved land" includes land that contains
(1) a trail;
(2) an abandoned aircraft landing area; or
(3) a road built to provide access for natural resource extraction, but which is no longer maintained or used.
Chapter 17. Uniform Conservation Easement Act.
Sec. 34.17.055 Tort immunity from personal injuries or death arising out of the use of land subject to a conservation easement.
(a) In addition to the immunity provided by AS 09.65.200, an owner of land, a portion of which is subject to a conservation easement that is 50 feet or less in width, that has been granted to and accepted by the state or a municipality, and that provides public access for recreational purposes on the land subject to the conservation easement is not liable in tort, except for an act or omission that constitutes gross negligence or reckless or intentional misconduct, for damages to a person who uses the easement to enter onto or remain on the land if
(1) the person had no responsibility to compensate the owner for the person's use of the easement or the land; and
(2) the damages arise out of the person's use of the easement for recreational purposes on the land.
(b) The immunity under (a) of this section extends to the grantee of the conservation easement providing public access to the land for recreational purposes.
Enacted in 1980, 1999.
Reviewed by AAHS in October 2002.
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