Alaska Stat. § 19.40.100 (2026)

Use of the highway by industrial or commercial traffic

✓ current as of July 2026

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Sec. 19.40.100. Use of the highway by industrial or commercial traffic.
(a) The department shall maintain the highway and keep it open to industrial or commercial traffic throughout the year.

(b) In this section “industrial or commercial traffic” means
     (1) travel necessary and related to resource exploration and development or to support of those activities, if the individual engaged in those activities has all necessary permits;

     (2) travel necessary and related to access by local residents to their property; or

     (3) motor carriers engaged in commerce.

Notes of Decisions

Cited in 4 cases, 1984–1994 · leading case: Freeman v. State, 705 P.2d 918 (Alaska 1985).

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Freeman v. State, 705 P.2d 918 (Alaska 1985). · cites it 3× “2d 261, 265 (Alaska 1984); AS 19.40.100. 2 Freeman alleges State breached this duty by negligently failing to control dust on the highway.”

State v. Alyeska Pipeline Serv. Co., 723 P.2d 76 (Alaska 1986). · cites it 2× “050 is inconsistent with AS 19.40.100(a) because the regulation bears no reasonable relation to the state’s statutory duty to maintain the highway.”

Kuhn v. State, 692 P.2d 261 (Alaska 1984). · cites it 3× “AS 19.40.100 provides as follows: Use of the [Dalton] [HJighway by industrial or commercial traffic, (a) The department shall maintain the highway and keep it open to industrial or commercial traffic throughout the year.”

Turpin v. North Slope Borough, 879 P.2d 1009 (Alaska 1994). · cites it 3× “In 1980, the Alaska legislature enacted AS 19.40.100: *1011 (a) The department shall maintain the highway and keep it open to industrial or commercial traffic throughout the year.”

— Alaska Stat. § 19.40.100(a) — 1 case

State v. Alyeska Pipeline Serv. Co., 723 P.2d 76 (Alaska 1986). “050 is inconsistent with AS 19.40.100(a) because the regulation bears no reasonable relation to the state’s statutory duty to maintain the highway.”

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