(a) A landowner that allows a recreational activity on the landowner’s land without charge does not, by allowing that activity,

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Terms Used In Alaska Statutes 09.65.202

  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(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 Alaska Stat. § 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 Alaska Stat. § 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 Alaska Stat. § 09.55.240;
(5) “recreational activity” has the meaning given “sports or recreational activity” in Alaska Stat. § 09.65.290.
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