McCarthy Road - AGO Opinion - 2002

The McCarthy Road runs for 60 miles between Chitina and McCarthy.  It is connected to the primary highway system via the Edgerton Highway.  The road originated in 1909 as a portion of the Copper River Railroad that transported copper ore from Kennicott to tidewater at Cordova. The railroad continued operations until 1939 at which point the railroad ROW was intended to be used for the Copper River Highway from Cordova to Chitina and then for the McCarthy Road continuing up to McCarthy.

McCarthy Road Map

During my first nearly 2 decades with DOT&PF ROW, my understanding was that the 200-foot wide railroad ROW remained intact and was owned by the State of Alaska.  Recurring conflicts with individual private landowners, ANCSA Corporations and owners of Native Allotments continued to bring the McCarthy Road ROW into question.  As a result, in 1995, DOT&PF requested a formal Attorney General's Opinion regarding the nature of the state's interest and the width of the McCarthy Road ROW.  This was hoped to facilitate ROW mapping for the corridor in support of upcoming reconstruction and realignment projects.

The AGO opinion concluded that the McCarthy Road ROW was half the width we had believed to exist.  A 100-foot total width highway easement as opposed to the 200-foot wide railroad ROW.  While we had hoped for a better outcome, at least now we had a supportable basis for the State's ROW claim.  My belief had always been that we had an obligation to consult with our attorneys and seek legal advice to ensure that our decisions were based in good faith.  This is in contrast to the guidance from some in DOT&PF upper management who argued that you should rarely if ever consult with our state attorneys as they will just tell you what did didn't want to hear.  Oh, well....

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