CITY OF HOMER

HOMER, ALASKA

                                                                                                                                    Mayor/

                                                                                                                  Parks & Recreation

                                                     RESOLUTION 06-30                                    Commission

                                                                       

 

A RESOLUTION OF THE CITY COUNCIL OF HOMER ALASKA IN SUPPORT OF HOUSE BILL 415 ENTITLED “AN ACT RELATING TO LANDOWNERS’ IMMUNITY FOR ALLOWING USE OF LAND FOR A RECREATIONAL ACTIVITY; AND PROVIDING FOR AN EFFECTIVE DATE”.

 

WHEREAS, Current Alaska law does not address recreational land use directly; and

           

WHEREAS, Protection is granted only on lands qualifying as “unimproved”, however it is difficult to legally define an improvement, which is a great concern to landowners when considering recreational land use; and

 

WHEREAS, This distinction should not be the benchmark used for protecting landowners when considering recreational land use; and

 

WHEREAS, HB 415 encourages the recreational use of private lands by protecting land owners that allow free public access to their lands; and

 

WHEREAS, HB 415 clearly stipulates that a private land owner does not owe a person using their property for recreational purposes,

·        A duty to keep the land safe for use

·        A duty to warn for unsafe conditions

·        A duty to curtail the use of their land for recreational purposes; and

 

WHEREAS, A landowner receives no protection under HB 415 if they charge for access or are guilty of intentional, reckless or grossly negligent conduct.

 

NOW, THEREFORE, BE IT RESOLVED That the City Council of Homer Alaska  finds that the passage of HB 415 is in the best interest of landowners allowing use of their land for a recreational activity; and

 

BE IT FURTHER RESOLVED That the Council hereby expresses its strong support for HB 415 and urges that the Legislature and Governor pass it into law.

 

 

 

 

 

Page 2 of 2

Resolution 06-22

City of Homer

 

 

BE IT FURTHER RESOLVED by the City Council that this Resolution shall be sent to Governor Frank Murkowski, the Kenai Peninsula Borough Mayor, John Williams, and all Mayors in the Kenai Peninsula Borough and sent to the Alaska Municipal League, Senator Gary Stevens, Representative Paul Seaton, Senator President Ben Stevens, the Speaker of the House John Harris, and the Community and Regional Affairs and Finance Committees.

 

            PASSED AND ADOPTED by the Homer City Council this 13th day of March, 2006.

 

 

                                                                        CITY OF HOMER

 

 

                                                                                                                                               

ATTEST:                                                                     JAMES C. HORNADAY, MAYOR

 

 

                                                                       

MARY L. CALHOUN, CMC, CITY CLERK

 

 

 

Fiscal Note:  N.A.