(a) A landowner that allows a recreational activity on the landowner's land without charge does not, by allowing that activity, (1) owe a duty of care to maintain the land safe for entry or use for a recreational activity or to eliminate, alter, or control the inherent risks of a recreational activity; (2) owe a duty to warn persons using the land for a recreational activity of any dangerous condition, known or unknown, apparent or hidden; (3) owe a duty to curtail or prevent use of the land for recreational activities; (4) implicitly ensure that the land is safe for any purpose; (5) confer a legal status, such as invitee or licensee, to which a special duty of care is owed; or (6) assume responsibility for any injury to persons or property. (b) This section applies only during the time that a landowner allows recreational use under a recorded grant of a public recreational use easement as required in AS 34.17.100. (c) This section does not apply to a civil action (1) if the landowner collects a charge for entry on the land for a recreational activity; or (2) that is based on intentional, reckless, or grossly negligent conduct of the landowner. a civil action (1) if the landowner collects a charge for entry on the land for a recreational activity; or (2) that is based on intentional, reckless, or grossly negligent conduct of the landowner. (d) This section may not be construed to conflict with, nor does it have any effect on, a liability release agreement between a participant in a recreational activity and a landowner. (e) Except as provided for under AS 09.45.052(d), land use allowed by a landowner for a recreational activity without charge may not form the basis of a claim for adverse possession, prescriptive easement, or a similar claim. (f) In this section, (1) 'charge' means a fee or admission price imposed for access to or use of land, a recreational activity, a service, an entertainment, or another activity, except that the following is not considered a 'charge': (A) consideration received by the landowner from the state or political subdivision for land leased or dedicated to the state or political subdivision; (B) property tax relief in exchange for a landowner's agreement to open land for a recreational activity; or (C) a contribution in kind, service, or cash from a user if all of the contribution is used to property tax relief in exchange for a landowner's agreement to open land for a recreational activity; or (C) a contribution in kind, service, or cash from a user if all of the contribution is used to improve access or trails, to remedy or reduce damage, to provide warning of a hazard, or to remove a hazard from the land; (2) 'land' includes private (A) unimproved land; (B) improved land, exclusive of buildings, structures, machinery, or equipment on the land; (C) ways or land subject to an easement or right-of-way; (D) roads and trails; (E) water and watercourses on or running through the land; (3) 'landowner' means a private person who owns land; (4) 'private person' has the meaning given in AS 09.55.240; (5) 'recreational activity' has the meaning given 'sports or recreational activity' in AS 09.65.290.
Alaska Legal Code