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One of the fiber projects I??m working on has a portion of a road that falls in a section that was patented to a native corporation and I was having trouble locating where the ROW was created, no supporting documentation of a dedication or acceptance. Then I found it, buried as a reservation in the patent, only providing a rough location and width, nothing more. It??s maintained by the local municipality, to the extent they grade and plow it. Our ROW people are nervous as back in the 90s, we were unable to obtain permission to use it from the native corporation without giving them a plethora of freebies. So the question is, does a patent reservation carry the same weight as a dedication and acceptance? I basically told them while I??m not an attorney, if the local government is maintaining it, that is in effect an acceptance and they are the ones who issued the permit, so if the natives get restless, they can take it up with them.
Just because I'm paranoid, doesn't mean they aren't out to get me.
Posted : May 17, 2022 4:58 pm
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What were the exact words in the patent?
Posted : June 1, 2022 8:25 am
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Posted : June 1, 2022 9:44 am
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@williwaw what are the uses listed above? Maintenance is definitely acceptance, but the first step is to determine if there was an offer, and what exactly was offered.?ÿ
?ÿA little off topic ramble. In Alaska the acceptance part is very deemphasized. Once the offer of a public ROW has been made public (filed by the Goverment or recorded) retracting that offer is difficult and the question usually comes down to, not whether the offer has been accepted, but whether the State or Bourough is willing to let it go.?ÿ
In some states a public ROW can go away just because the local goverment stops maintaining it. In Alaska a 100 year old public ROW without any evidence of ever being used is usually still good.?ÿ
A word of warning. There is a paper by a prominent Alaska surveyor about a specific class off ROW's reserved by patents that that has been making the rounds for few years that contains some errors.?ÿ
?ÿ
?ÿ
Posted : June 1, 2022 11:52 am
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That looks like a17(b) easement per ANCSA, I've probably forgotten more than I remember about them, perhaps Mr. Northern is around and can offer some of his vast store of knowledge.?ÿ
Posted : June 1, 2022 12:15 pm