Immunity from liability for damages; risk of use of right-of-way acquired under former 43 U.S.C. 932.

  1. Law
  2. Alaska Statutes
  3. Highways and Ferries
  4. Access Roads and Local Service Roads and Trails
  5. Rights-of-way Acquired under Former 43 U.S.C. 932.
  6. Immunity from liability for damages; risk of use of right-of-way acquired under former 43 U.S.C. 932.

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(a) Notwithstanding AS 09.50.250 and AS 09.65.070, the state and its political subdivisions are not liable for damages, injury, or death arising from AS 19.30.400 - 19.30.420 and the recording of any rights-of-way identified in AS 19.30.400 or acquired under former 43 U.S.C. 932.

(b) A right-of-way identified under AS 19.30.400 or acquired under former 43 U.S.C. 932 that is not designated as part of the state highway system under AS 19.10.020 is traveled and used at the risk of the user. As to those rights-of-way and notwithstanding AS 09.50.250 and AS 09.65.070, the state and a political subdivision of the state are not liable for damages, injury, or death

(1) arising from the use of the right-of-way;

(2) arising from the failure to inspect, mark, or maintain the right-of-way;

(3) occurring in the right-of-way; or

(4) associated with the right-of-way.


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