(a) Except as provided in (b) of this section, a person may not bring an action against the state, the department, or agents or employees of the state, for the recovery of damages caused by the partial or total failure of a dam or reservoir, or by the operation of a dam or reservoir, or by an act or omission in connection with

Terms Used In Alaska Statutes 46.17.110

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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
  • 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) approval of the construction of a dam or reservoir, or approval of flood-handling plans during or after construction;
(2) issuance or enforcement of orders relating to maintenance or operation of the dam or reservoir;
(3) control or regulation of the dam or reservoir;
(4) measures taken to protect against failure of the dam or reservoir during an emergency; or
(5) investigations or inspections authorized under this chapter.
(b) A person may bring an action against the state for the recovery of damages caused by an action undertaken by a dam owner that was negligently ordered by the state over the owner’s objection.
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