Highway Rights-of-Way and Alaska Native Allotments - 2014

Native Allotments are held in trust for the allotee by the federal government.  They are subject to federal law and have a complex relationship with public ROW that may adjoin or pass over them.  This research paper intends to review several types of highway ROW and consider whether the allotment claim constitutes a reservation or valid existing right that may prevent the imposition of a highway right-of-way.

The documents linked below represent the majority of the references I had available when I wrote this paper in 2014.  Cases such as the Purdy allotment in Chicken have since been completed but I have not updated the references here.  Recognize that agency policy and guidance provided by the courts can change over time and that this paper may not represent the best or latest information.

Date Documents