Alaska Administrative Code
Title 11 - Natural Resources
Part 6 - Lands
Chapter 51 - Public Easements
Article 1 - Applicability of Chapter
11 AAC 51.010 - Purpose and applicability
Universal Citation: 11 AK Admin Code 51.010
Current through August 30, 2024
(a) This chapter applies to each public easement
(1) reserved
by the department or granted to the state, including each right-of-way
established under R. S. 2477 or other authority; and
(2) managed by the department under AS
38.
(b) For purposes of this chapter, a public easement
(1) includes
any interest in land that is not possessory and that, upon land that may be
owned by another person, is reserved by the department or granted to the state
for use by or the benefit of the public, including an access easement, survey
easement, and utility easement; and
(2) does not include
(A) full ownership of all rights in a strip
or corridor of land; or
(B) a
negative easement.
(c) Construction or use of a road, trail, or other access improvement on state land does not create an easement. By authorizing construction of a temporary road or casual-use trail under 11 AAC 96 the department does not grant or reserve a public easement.
(d) Unless and until it is vacated, a public easement is a valid existing right, even if the land subject to the easement is conveyed by or was never owned by the state.
Authority:AS 38.04.050
AS 38.04.055
AS 38.04.058
AS 38.04.900
AS 38.05.020
AS 38.05.035
AS 38.05.127
AS 38.05.850
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