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HB0142a -1- HB 142
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HOUSE BILL NO. 142
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY REPRESENTATIVE KOPP
Introduced: 3/21/25
Referred: Transportation
A BILL
FOR AN ACT ENTITLED
"An Act relating to use of railroad land for public purposes." 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
* Section 1. AS 42.40.420 is amended to read: 3
Sec. 42.40.420. Public use of railroad land. (a) Upon request of a 4
municipality or the state, the corporation may authorize use of railroad land for public 5
purposes. Subject to AS 42.40.350(b) and (b) of this section , the corporation shall 6
authorize a walkway or a trail if the board first finds in writ ing that the proposed 7
walkway or trail will not create a safety hazard and will not u nreasonably interfere 8
with continued or expanded operations in the utility corridor. 9
(b) Before authorizing a use under this section, the corporation [ B O A R D ] 10
shall require the municipality or state to 11
(1) execute an agreement in a form approved by the board to 12
(A) [(1)] agree to restrictions, limitations, and conditions on the 13
proposed use required by the cor poration and reasonably calcula ted to reduce 14
the risk of a safety hazard or interference with authorized use s in the utility 15
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corridor; 1
(B) [(2)] hold the corporation harmless from and indemnify the 2
corporation for liability and claims arising from any use autho rized under this 3
section including 4
(i) [(A)] defending the corpor ation in a cause of action 5
brought against the corporation as a result of the use; and 6
(ii) [(B)] indemnifying the corporation for the amount 7
of a judgment, including prejudgment and postjudgment interest, 8
rendered against the corpora tion, and for all costs and attorney 9
[ATTORNEY'S] fees incurred by the corporation in settling or 10
defending the claim; and 11
(C) [(3)] stop the use upon request of the corporation if the use 12
interferes with expansion or replacement of railroad facilities , creates a safety 13
hazard, or interferes with railroad operations; and 14
(2) obtain a notarized written statement from the owner of rea l 15
property subject to an easement in favor of the corporation con senting to the use 16
of that property and record the statement in the recorder's office of the recording 17
district in which the property is located. 18
* Sec. 2. AS 42.40.460(g) is amended to read: 19
(g) In delegating management a uthority over or conveying all o r a portion of 20
state land to the corporation, th e Department of Natural Resour ces shall reserve the 21
right to authorize, by lease, permit, or other method, a person to cross or construct 22
access across the transportation corridor and associated rail l and; however, before 23
authorizing a crossing or constr uction of access, the departmen t shall obtain 24
concurrence from the corporation that the proposed crossing or construction is 25
consistent with applicable safety standards and, to the extent practical, minimizes 26
effects on railroad operating efficiency. Neither the corporati on nor the state is liable 27
for claims arising from public use of the transportation corrid or and associated rail 28
land, except to the extent the claims arise from the gross negl igence of the state, the 29
corporation, their employees, or their contractors, respectivel y . The department shall 30
indemnify the corporation consistent with AS 42.40.420(b)(1) [AS 42.40.420(1) - (3)] 31
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for claims or related litigation arising from an authorization issued by the department 1
under this section, except to the extent the claims arise from the gross negligence of 2
the corporation, its employees, or its contractors. 3
* Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 4
read: 5
APPLICABILITY. AS 42.40.420, as amended by sec. 1 of this Act, applies to uses of 6
railroad land authorized on or after the effective date of this Act. 7