11 AAC 51.010. Purpose and applicability

(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.

History: Eff. 5/14/92, Register 122; am 5/3/2001, Register 158

Authority: AS 38.04.050

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