A public easement is an easement that gives all people (the public) the right to use and enjoy a tract of property such as a street, sidewalk, park, or beach.
In Alaska, a public easement typically refers to the right of the public to use certain tracts of land for specific purposes such as access, recreation, or utility placement. Public easements are often established on private land to allow for roads, sidewalks, parks, or trails that are maintained for public use. These easements are created through dedication by a property owner, by prescription through long-term public use, or by explicit reservation by the state or local government. Alaska Statute 34.17 specifically addresses public easements, stating that they are retained for public use and access over, across, and along all natural watercourses and bodies of water in the state. Additionally, Alaska has a unique provision known as the 'Alaska Land Act' which allows for public easements along the coast for purposes such as fishing, commerce, and navigation. It's important to note that while public easements grant rights to the public, they do not confer ownership of the land itself, and the underlying property remains privately owned, subject to the rights granted by the easement.