RAILROAD UTILITY CORRIDORS

HB0136b -1- CSHB 136(TRA)
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CS FOR HOUSE BILL NO. 136(TRA)

IN THE LEGISLATURE OF THE STATE OF ALASKA

THIRTY-FOURTH LEGISLATURE - SECOND SESSION

BY THE HOUSE TRANSPORTATION COMMITTEE

Offered: 5/9/25
Referred: Judiciary

Sponsor(s): REPRESENTATIVES KOPP, McCabe, Costello
A BILL

FOR AN ACT ENTITLED

"An Act relating to use of railroad easements." 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
* Section 1. AS 42.40.350(b) is amended to read: 3
(b) Railroad utility corridors shall be of a width at least 100 feet on both sides 4
of the centerline of the extended main or branch line, unless the corporation does not 5
own or control sufficient land to allow a corridor of that width. Railroad utility 6
corridors may be surveyed by the metes and bounds method. The corporation may not 7
convey its entire interest in land within a utility corridor except as provided in 8
AS 42.40.285, 42.40.370(d) and 42.40.400. However, except as provided in 9
AS 42.40.415, the corporation may lease, subject to AS 42.40.285 and (d) of this 10
section, grant easements in or permits for, or otherwise authorize use of portions of a 11
utility corridor for transportation, communication, and transmission purposes and 12
support functions associated with those purposes, and for commercial and other uses 13
authorized under this chapter if the use does not restrict other parallel uses of the 14
utility corridor. 15
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CSHB 136(TRA) -2- HB0136b
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* Sec. 2. AS 42.40.350(c) is amended to read: 1
(c) Except as provided in AS 42.40.415, the [THE] corporation may lease, 2
subject to AS 42.40.285 and (d) of this section, grant easements in or permits for, or 3
otherwise authorize use of portions of rail land. However, the corporation may not 4
convey its entire interest in rail land except as provided in AS 42.40.285, 42.40.352, 5
42.40.370(d), and 42.40.400. 6
* Sec. 3. AS 42.40 is amended by adding a new section to read: 7
Sec. 42.40.415. Use of easement. (a) Except as provided in (b) of this section, 8
the corporation may not charge a fee or require a permit for an owner of real property 9
subject to an easement in favor of the corporation to use the property in a manner that 10
does not unreasonably interfere with the corporation's use of the property. 11
(b) The corporation may require the owner of real property subject to an 12
easement in favor of the corporation to obtain a permit from the corporation to 13
construct a railroad crossing within the easement and may charge the owner a revenue-14
neutral fee associated with issuing the permit and developing and maintaining the 15
crossing. 16