Alaska § 09.65.202 - Tort immunity for landowners' allowing recreational activity; adverse possession.

§ 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 .