![]() Where, prior to patent of any land or minerals under this chapter, a easement… has been issued for the surface or minerals covered under such patent, the patent shall contain provisions making it subject to the… easement, and the rights of the… grantee to the complete enjoyment of all rights, privileges, and benefits thereby granted to him. It states in part:Īll conveyances made pursuant to this chapter shall be subject to valid existing rights. Section 14(g) of ANCSA addresses the preservation of existing rights on land conveyed to an Alaska Native Corporation and waiver of federal government administration. There are at least 61 state material sites on Ahtna’s land including F-026069. This conveyance stated that it was “subject to” the “ights-of-way for Federal Aid material sites” and specifically listed F-026069 as one of these rights-of-way. Pursuant to ANCSA, on October 23, 1981, the United States conveyed the surface and subsurface estates encompassing certain of the State’s material site rights-of-way to Ahtna through Interim Conveyance 443 (I.C. Ahtna is one of the 13 Alaska Native Regional Corporations organized under the terms of ANCSA. BLM Waives Administration Of The Material Site.ĪNCSA was enacted on December 18, 1971. 18)” and subject to specified federal regulations. The grant, F-026069, listed the permitted use for the right-of-way as “oad building material site,” listed the expiration date as “one,” and listed the rental amount as “one.” The grant’s map was labeled “material site easement.” The BLM decision granting the right-of-way indicated it was issued pursuant to “Section 17 of the Federal Highway Act of Novem(42 Stat. On September 26, 1961, BLM approved the application and granted the State a right-of-way. The State intended to use the 14-acre site to obtain gravel for highway construction. ![]() On June 6, 1960, the Department of Public Works submitted an application to BLM for a material site easement at milepost 118.5 of the Denali Highway near Cantwell. We affirm the superior court’s grant of summary judgment to the State. The superior court granted summary judgment to the State, concluding that the State had a valid interest in the material site right-of-way for nonuse or abandonment so long as the State operated and maintained the Denali Highway. The State filed suit against Ahtna, and the parties filed cross-motions for summary judgment. The State responded that its right to remove the gravel pre-existed Ahtna’s title interest. The State began using the site again in 2008.Īhtna demanded compensation for the removal of gravel from the material site and directed the State to cease and desist further entry onto Ahtna lands. The State removed material from the site until 1988, but the State did not use material from the site for the next 20 years. The BLM waiver stated that the State was the grantee of the right-of-way at issue, and instead of providing an expiration date the waiver described the term of duration of the right-of-way as “erpetual.” The waiver entitled Ahtna to “any and all interests previously held by the United States as grantor,” but the waiver explicitly stated that there were no rental or other revenues associated with the right-of-way. ![]() Section 14(g) of ANCSA allowed the federal government to waive administration of the rights-of-way, which BLM did in 1984. The conveyance was “subject to” the “ights-of-way for Federal Aid material sites.” (Ahtna), an Alaska Regional Native Corporation created pursuant to ANCSA. The right-of-way grant was issued pursuant to federal statutes and subject to relevant federal highway regulations.Īfter the Alaska Native Claims Settlement Act (ANCSA) was enacted in 1971, the United States conveyed the surface and subsurface estates encompassing the State’s material site to Ahtna, Inc. ![]() Bureau of Land Management (BLM) issued a right-of-way grant to the Alaska Department of Public Works (now the Department of Transportation and Public Facilities) conveying a “road building material site” along the Denali Highway with no expiration date and no rental fee. Burns, Attorney General, Juneau, for Appellee.īefore: Carpeneti, Chief Justice, Winfree and Stowers, Justices. Leone Hatch, Assistant Attorney General, Fairbanks, and John J. Dorrington, Jermain, Dunnagan & Owens, P.C., Anchorage, for Appellant. STATE OF ALASKA DEPARTMENT OF TRANSPORTATION & PUBLIC FACILITIES, Appellee.Īppeal from the Superior Court of the State of Alaska, Fourth Judicial District, Fairbanks, Michael A.
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