# Alaska Stat. § 09.65.202: Tort immunity for landowners' allowing recreational activity; adverse possession

> Alaska · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AK_T9_C09.65_S09.65.202

## Section

- **Citation:** Alaska Stat. § 09.65.202
- **Heading:** Tort immunity for landowners' allowing recreational activity; adverse possession
- **Jurisdiction:** Alaska
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** AK Code / Title 9 / Chapter 09.65 / Section 09.65.202

## Text

(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.

(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 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 .

## Nearby sections

- [Alaska Stat. § 09.65.070 Suits against incorporated units of local government.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T9_C09.65_S09.65.070.md)
- [Alaska Stat. § 09.65.080 Suits by incorporated units of local government.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T9_C09.65_S09.65.080.md)
- [Alaska Stat. § 09.65.083 Civil liability of nonprofit and university fire departments.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T9_C09.65_S09.65.083.md)
- [Alaska Stat. § 09.65.085 Civil liability of electric utility.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T9_C09.65_S09.65.085.md)
- [Alaska Stat. § 09.65.087 Civil liability for use of an automated external defibrillator.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T9_C09.65_S09.65.087.md)
- [Alaska Stat. § 09.65.090 Civil liability for emergency aid.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T9_C09.65_S09.65.090.md)
- [Alaska Stat. § 09.65.091 Civil liability for responding to disaster.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T9_C09.65_S09.65.091.md)
- [Alaska Stat. § 09.65.092 Civil liability for voluntary aircraft safety inspection.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T9_C09.65_S09.65.092.md)
- [Alaska Stat. § 09.65.093 Civil liability relating to aircraft runways, airfields, and landing areas.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T9_C09.65_S09.65.093.md)
- [Alaska Stat. § 09.65.094 Liability for inspection, installation, or adjustment of a child safety seat.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T9_C09.65_S09.65.094.md)
- [Alaska Stat. § 09.65.095 Liability for administration of blood test.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T9_C09.65_S09.65.095.md)
- [Alaska Stat. § 09.65.096 Civil liability of hospitals for certain physicians.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T9_C09.65_S09.65.096.md)
- [Alaska Stat. § 09.65.097 Civil liability for emergency veterinary care.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T9_C09.65_S09.65.097.md)
- [Alaska Stat. § 09.65.112 Civil liability for aircraft and watercraft guest passengers.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T9_C09.65_S09.65.112.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AK_T9_C09.65_S09.65.202. Check the current official text before relying on it. Not legal advice.
