The 26th Alaska State Legislature, 2009 - 2010||
Sponsor Statement: House Bill 49
Eminent Domain: Recreational Structures
“Relating to the prohibition of the exercise of the power of eminent domain against a recreational structure for the purposes of developing a recreational facility or project.”
Posted: February 9, 2009
Bill Version: CSHB 49(JUD) AM
Status: Chapter 51 SLA 09 : 2009-07-09
HB 49 strengthens the individualís property rights by protecting privately owned recreational structures from the exercise of eminent domain for recreational purposes.
Eminent domain is an important right of the government. However, it should only be used for the most judicious of purposes, and every effort should be made to minimize its impact to the right of the individual to own private property.
AS 09.55.240 limits the governmentís authority to exercise eminent domain and seize personal residences by clearly outlining its legitimate use (namely the construction and/or expansion of roads, schools, and public buildings) and by prohibiting its exercise for the purpose of economic development or to generate increased government revenues.
HB 49 affords privately owned recreational structures the same protection from government seizure already granted to personal residences in AS 09.55.240.
The right to own private property is one of the most important rights of Alaskans. By prohibiting government seizure of privately owned recreational structures for recreational purposes, HB 49 strengthens that right and ensures the continued use of land in the greatest of ways Ė that of private ownership.