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

   (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.

Authorities

34.17.100

Notes

References

AS 34.17.100 Public recreational use easements.

History

(Sec. 1 ch 116 SLA 2008)