Legislature(2003 - 2004)

04/01/2003 01:35 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                   SB  93-ADVERSE POSSESSION                                                                                
CHAIR BUNDE announced SB 93 to be up for consideration.                                                                         
MS. AMY SEITZ,  staff to Senator Wagoner, sponsor of  SB 93, said                                                               
the Department  of Transportation  and Public  Facilities (DOTPF)                                                               
had  concerns with  road  construction  and rights-of-way.  Those                                                               
concerns have been worked in the new committee substitute (CS).                                                                 
SENATOR SEEKINS moved to adopt the  CS to SB 93, Version Q. There                                                               
were no objections and it was so ordered.                                                                                       
MS. SEITZ reviewed the changes for the committee.                                                                               
SENATOR FRENCH  recalled this bill  would not  interrupt anyone's                                                               
pending claim of adverse possession.                                                                                            
MS. SEITZ verified that is correct.                                                                                             
SENATOR  FRENCH asked  if anyone  who  still thinks  they have  a                                                               
claim to  land under adverse  possession would be able  to pursue                                                               
that claim.                                                                                                                     
MS. SEITZ replied they must have already filed.                                                                                 
MR.   JOHN   MACKINNON,   Deputy  Commissioner,   Department   of                                                               
Transportation and  Public Facilities,  said Senator  Wagoner was                                                               
very helpful in helping DOTPF  address its concerns and that this                                                               
particular language  probably takes  care of  80-85% of  them. He                                                               
noted they are still working on the other issues.                                                                               
SENATOR FRENCH asked what the remaining differences are.                                                                        
MR.  MACKINNON  replied that  the  differences  have to  do  with                                                               
things  that  may not  occur  exactly  on the  right-of-way,  for                                                               
instance, on  a wayside where  part of  the slope extends  out of                                                               
the right-of-way  or where drainage improvements  on the highways                                                               
could  cause  problems down  slope.  DOTPF  does not  want  those                                                               
issues to come back at it in the future.                                                                                        
MR. JON TILLINGHAST, counsel  for Sealaska Corporation, corrected                                                               
a  previous answer  to Senator  French's question  about existing                                                               
adverse  possession  claims by  saying  they  would be  protected                                                               
under this bill if the person  has possessed the property for the                                                               
requisite period of years under  existing law. However, claimants                                                               
need not have filed by the effective date of this act.                                                                          
SENATOR FRENCH asked if some  big dispute out there that Sealaska                                                               
is  trying  to  extinguish  is  going  to  get  settled  by  this                                                               
MR.  TILLINGHAST  replied that  Sealaska  is  not involved  in  a                                                               
current  dispute   or  litigation  with  a   squatter  that  this                                                               
legislation would  settle, but Sealaska  has had  difficulties in                                                               
the past  with squatters.  He expects future  problems if  a bill                                                               
like this is not enacted.                                                                                                       
SENATOR SEEKINS  moved to pass  CSSB 93(L&C) from  committee with                                                               
individual recommendations.                                                                                                     
The  roll was  called. SENATORS  FRENCH, STEVENS,  DAVIS, SEEKINS                                                               
and  BUNDE   voted  yea,  therefore   CSSB  93(L&C)   moved  from                                                               

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