Alaska Statutes 38.04.058 – Restrictions on easement or right-of-way use
Current as of: 2023 | Check for updates
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Terms Used In Alaska Statutes 38.04.058
- commissioner: means the commissioner of natural resources. See Alaska Statutes 38.04.910
- 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
- writing: includes printing. See Alaska Statutes 01.10.060
The commissioner may, under terms agreed to in writing by a grantee, lessee, or interest holder of state land, restrict the use of an easement or right-of-way reserved under Alaska Stat. § 38.04.050, 38.04.055, or other law in order to protect public safety or property. The commissioner may not agree to or enforce a restriction under this section unless the restriction is narrowly tailored to achieve the protection of public safety and property while preserving access to the maximum extent practicable and the commissioner makes a written finding identifying how the restriction will protect public safety and public or private property.