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Sisters lose court battle over historic Iditarod trail through their property

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Williwaw
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http://www.adn.com/alaska-news/crime-courts/2016/06/28/state-wins-years-long-court-battle-over-public-access-to-part-of-historic-iditarod-trail/

This was an interesting case for me. It's been dragging on for some time. Good to see it finally resolved in the State's favor. Numerous trails in Alaska, which pass for roads and provide access to parcels off the road system and recreation in general have been chopped up over the years by individuals who dispute the validity of easements and frequently block them off from public use. I'm not sure if this particular trail fell under the RS-2477 designation based on the Mining Law of 1872, but there is a ton of history behind it. I'm sure some other Alaska surveyors know more about it than I as I don't deal with them first hand, like some of my brethren working for the State. Big kudos to the State for stepping up and defending the public's right to use this historic access.


Just because I'm paranoid, doesn't mean they aren't out to get me.

 
Posted : June 29, 2016 10:55 am
loyal
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Williwaw, post: 379431, member: 7066 wrote: http://www.adn.com/alaska-news/crime-courts/2016/06/28/state-wins-years-long-court-battle-over-public-access-to-part-of-historic-iditarod-trail/

I'm not sure if this particular trail fell under the RS-2477 designation based on the Mining Law of 1872, but there is a ton of history behind it. QUOTE]

Side note...I believe that RS-2477 dates back to the FIRST Federal Mining Law (Act of July 26, 1866).

Loyal


 
Posted : June 29, 2016 12:18 pm
aliquot
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This is definitely one area that Alaska excels in. One thing Alakska surveyors need to be careful of is the difference between federal RS 2477 law and state law. The federal government will not recognize section line easments and many other ROWs that would be a slam dunk under state law.


 
Posted : July 4, 2016 2:35 pm
holy-cow
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Another reason for us to only work where we know enough to do it correctly on the first try.


 
Posted : July 4, 2016 6:20 pm
makerofmaps
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Looks like the sisters' attorneys took them on a sleigh ride.


 
Posted : July 5, 2016 1:22 pm