SB 309: "An Act relating to actions to quiet title to, eject a person from, or recover real property or the possession of it, and to acquisition of real property by adverse possession; and providing for an effective date."
00 SENATE BILL NO. 309 01 "An Act relating to actions to quiet title to, eject a person from, or recover real property 02 or the possession of it, and to acquisition of real property by adverse possession; and 03 providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 09.10.030 is amended to read: 06 Sec. 09.10.030. Actions to recover real property [IN 10 YEARS]. (a) 07 Except as provided in (b) of this section, a [A] person may not bring an action for 08 the recovery of real property, or for the recovery of the possession of it unless the 09 action is commenced within 10 years. 10 (b) An action may be brought at any time by a person whose ownership 11 interest in real property is recorded under AS 40.17 to 12 (1) quiet title to that real property; or 13 (2) eject a person from that real property. 14 (c) An action may not be maintained under this section [FOR THE
01 RECOVERY] unless it appears that the plaintiff, an ancestor, a predecessor, or the 02 grantor of the plaintiff was seized or possessed of the premises in question at some 03 time [WITHIN 10 YEARS] before the commencement of the action. 04 * Sec. 2. AS 09.45.052(a) is amended to read: 05 (a) The uninterrupted adverse notorious possession of real property [UNDER 06 COLOR AND CLAIM OF TITLE] for 20 [SEVEN] years or more is conclusively 07 presumed to give title to the property, except as against the state or the United States, 08 only if, by clear and convincing evidence, 09 (1) the possessor proves that 10 (A) the possession was uninterrupted, adverse, and 11 notorious and occurred under reasonable and good faith color and claim 12 of title; 13 (B) the possessor paid all taxes due on the property during 14 the entire period of the possession; 15 (C) an instrument under which the possessor claimed title 16 was recorded at the time the possessor's claim of title began; 17 (D) the possessor sought and obtained, in the possessor's 18 name, all permits, licenses, or authorizations necessary for the possessor's 19 use or development of the property; 20 (E) during the period of possession, the possessor obtained 21 any surveys of the property or plats that a reasonable landowner would 22 have obtained; and 23 (F) during the period of possession, the possessor provided 24 notice that the property was private by posting to the extent that a 25 reasonable landowner would have provided the notice; or 26 (2) the possessor proves that 27 (A) the possessor owns property adjacent to the property 28 claimed by adverse possession; 29 (B) during the entire period of possession, the possessor and 30 any predecessor, ancestor, or grantor of the possessor, reasonably and in 31 good faith believed that the property claimed by adverse possession was
01 within the boundaries of the adjacent property; and 02 (C) the possessor took reasonable measures to ascertain the 03 actual boundary between the property claimed by adverse possession and 04 the adjacent property. [FOR THE PURPOSE OF THIS SECTION, LAND 05 THAT IS IN THE TRUST ESTABLISHED BY THE ALASKA MENTAL 06 HEALTH ENABLING ACT OF 1956, P.L. 84-830, 70 STAT. 709, IS LAND 07 OWNED BY THE STATE.] 08 * Sec. 3. AS 09.45.052 is amended by adding new subsections to read: 09 (c) The court shall quiet title to property in favor of the possessor on proof of 10 an adverse possession claim under (a) of this section and on proof of payment by the 11 possessor to the owner of record of 12 (1) the appraised value of the property; 13 (2) the fair rental value of the property during the period of adverse 14 possession; 15 (3) damages incurred by the owner of record as a result of the adverse 16 possession or loss of the property; and 17 (4) prejudgment interest on amounts required to be paid to the owner 18 of record under (1) - (3) of this subsection. 19 (d) For purposes of determining the amount of payment under (c) of this 20 section, the cost of appraising the property shall be borne by the possessor claiming 21 the property. If more than one person has an ownership or security interest in the 22 property, the court may apportion the payment in any manner required by agreement, 23 law, or equity. If the possessor fails to make the payment within the period of time set 24 by the court, the court shall quiet title to the property claimed by adverse possession in 25 favor of the record owner. 26 (e) For the purpose of this section, land that is in the trust established by the 27 Alaska Mental Health Enabling Act of 1956, P.L. 84 - 830, 70 Stat. 709, is land owned 28 by the state. 29 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 APPLICABILITY. (a) AS 09.10.030, as amended in sec. 1 of this Act, applies only
01 to actions that have not been barred before the effective date of this Act by AS 09.10.030 as it 02 read before the effective date of this Act. 03 (b) AS 09.45.052 as it read before the effective date of this Act applies to adverse 04 possession claims if the person claiming the property has completed at least seven years of 05 uninterrupted adverse notorious possession under color and claim of title before the effective 06 date of this Act. 07 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).