{"data":{"id":"us-ak/as-09.65.202","jurisdiction":"us-ak","citation":"AS 09.65.202","heading":"Tort immunity for landowners' allowing recreational activity; adverse possession.","body":"(a) A landowner that allows a recreational activity on the landowner's land without charge does not, by allowing that activity,\n(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;\n(2) owe a duty to warn persons using the land for a recreational activity of any dangerous condition, known or unknown, apparent or hidden;\n(3) owe a duty to curtail or prevent use of the land for recreational activities;\n(4) implicitly ensure that the land is safe for any purpose;\n(5) confer a legal status, such as invitee or licensee, to which a special duty of care is owed; or\n(6) assume responsibility for any injury to persons or property.\n(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 AS 34.17.100.\n(c) This section does not apply to a civil action\n(1) if the landowner collects a charge for entry on the land for a recreational activity; or\n(2) that is based on intentional, reckless, or grossly negligent conduct of the landowner.\n(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.\n(e) Except as provided for under AS 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.\n(f) In this section,\n(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”:\n(A) consideration received by the landowner from the state or political subdivision for land leased or dedicated to the state or political subdivision;\n(B) property tax relief in exchange for a landowner's agreement to open land for a recreational activity; or\n(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;\n(2) “land” includes private\n(A) unimproved land;\n(B) improved land, exclusive of buildings, structures, machinery, or equipment on the land;\n(C) ways or land subject to an easement or right-of-way;\n(D) roads and trails;\n(E) water and watercourses on or running through the land;\n(3) “landowner” means a private person who owns land;\n(4) “private person” has the meaning given in AS 09.55.240;\n(5) “recreational activity” has the meaning given “sports or recreational activity” in AS 09.65.290.","path":["Title 9. Code of Civil Procedure.","Chapter 65. Actions, Immunities, Defenses, and Duties."],"source_url":"https://www.akleg.gov/basis/statutes.asp#09.65.202","current_through":"Alaska Statutes 2025 (34th Legislature, 2025-2026)","vintage":"","retrieved_at":"2026-09-02T06:16:32Z","sha256":"a3d2b594de2449ff62d24039de98ea98832aeba1119c4d4120fce34f5dfe87da","source_id":"us-ak","stale":false,"prev":"us-ak/as-09.65.200","next":"us-ak/as-09.65.205"},"notice":"GroundRules: Original legal text. Not legal advice."}