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| 2 | 2 | | HB0136a -1- HB 136 |
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| 3 | 3 | | New Text Underlined [DELETED TEXT BRACKETED] |
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| 5 | 5 | | 34-LS0640\G |
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| 11 | 11 | | HOUSE BILL NO. 136 |
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| 12 | 12 | | |
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| 13 | 13 | | IN THE LEGISLATURE OF THE STATE OF ALASKA |
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| 14 | 14 | | |
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| 15 | 15 | | THIRTY-FOURTH LEGISLATURE - FIRST SESSION |
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| 16 | 16 | | |
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| 17 | 17 | | BY REPRESENTATIVES KO PP, McCabe, Costello |
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| 18 | 18 | | |
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| 19 | 19 | | Introduced: 3/14/25 |
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| 20 | 20 | | Referred: Transportation, Judiciary |
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| 22 | 22 | | |
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| 23 | 23 | | A BILL |
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| 24 | 24 | | |
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| 25 | 25 | | FOR AN ACT ENTITLED |
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| 26 | 26 | | |
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| 27 | 27 | | "An Act relating to use of railroad easements." 1 |
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| 28 | 28 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2 |
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| 29 | 29 | | * Section 1. AS 42.40.350(b) is amended to read: 3 |
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| 30 | 30 | | (b) Railroad utility corridors shall be of a width at least 100 feet on both sides 4 |
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| 31 | 31 | | of the centerline of the extended main or branch line, unless the corporation does not 5 |
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| 32 | 32 | | own or control sufficient land to allow a corridor of that width. Railroad utility 6 |
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| 33 | 33 | | corridors may be surveyed by the metes and bounds method. The corporation may not 7 |
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| 34 | 34 | | convey its entire interest in land within a utility corridor except as provided in 8 |
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| 35 | 35 | | AS 42.40.285, 42.40.370(d) and 42.40.400. However, except as provided in |
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| 36 | 36 | | 9 |
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| 37 | 37 | | AS 42.40.415, the corporation may lease, subject to AS 42.40.285 and (d) of this 10 |
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| 38 | 38 | | section, grant easements in or permits for, or otherwise authorize use of portions of a 11 |
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| 39 | 39 | | utility corridor for transportation, communication, and transmission purposes and 12 |
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| 40 | 40 | | support functions associated with those purposes, and for commercial and other uses 13 |
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| 41 | 41 | | authorized under this chapter if the use does not restrict other parallel uses of the 14 |
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| 42 | 42 | | utility corridor. 15 34-LS0640\G |
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| 43 | 43 | | HB 136 -2- HB0136a |
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| 44 | 44 | | New Text Underlined [DELETED TEXT BRACKETED] |
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| 45 | 45 | | |
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| 46 | 46 | | * Sec. 2. AS 42.40.350(c) is amended to read: 1 |
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| 47 | 47 | | (c) Except as provided in AS 42.40.415, the [THE] corporation may lease, 2 |
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| 48 | 48 | | subject to AS 42.40.285 and (d) of this section, grant easements in or permits for, or 3 |
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| 49 | 49 | | otherwise authorize use of portions of rail land. However, the corporation may not 4 |
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| 50 | 50 | | convey its entire interest in rail land except as provided in AS 42.40.285, 42.40.352, 5 |
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| 51 | 51 | | 42.40.370(d), and 42.40.400. 6 |
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| 52 | 52 | | * Sec. 3. AS 42.40 is amended by adding a new section to read: 7 |
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| 53 | 53 | | Sec. 42.40.415. Use of easement. The corporation shall allow an owner of real 8 |
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| 54 | 54 | | property subject to an easement in favor of the corporation to use the property in a 9 |
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| 55 | 55 | | manner that does not unreasonably interfere with the corporation's use of the property 10 |
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| 56 | 56 | | for the purpose of the easement. 11 |
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