Wasilla Fishhook Road - Existing Right-of-Way - 2007

Can a public prescriptive easement asserted by the State be lost through apparent abandonment?  We know that under A.S. 38.95.010, the State's interest may not be obtained by adverse possession or prescription.  That is very clear where the State's interest is in fee.  But what if the State's interest had been acquired by adverse possession or prescription? We know that the Alaska Supreme Court has ruled that a valid private easement could be extinguished by prescription; even one that had been created by prescription. (Reeves v. Godspeed Properties LLC 2018 & Hansen v. Davis 2009)

In this review I considered the arguments of the property owner and the evidence of the existing rights-of-way and concluded that the State's interest, even one established by prescription cannot be lost through apparent abandonment.  It would require a positive act such as a formal conveyance of interest via quitclaim deed or vacation of an easement for the State's interest to be terminated.