This controversy has been subject to multiple conflicting AGO Opinions and agency positions. In June of 1959, Congress passed the Alaska Omnibus Act. The purpose of this act was "to amend certain laws of the United States in light of the admission of the State of Alaska into the Union". Section 21 of the Act required the transfer of "all lands or interests in lands" used in connection with the activities of the Bureau of Public Roads. On June 30, 1959, the Secretary of Commerce executed the Omnibus Act Quitclaim Deed that referenced the routes and other properties to be conveyed to the State of Alaska. The question for this study is: What interest did the State of Alaska receive in the highway rights-of-way conveyed by the Quitclaim Deed. The Alaska Supreme Court has held that "The intent of the parties is the touchstone of deed interpretation and will be given effect where possible." Did the QCD convey the entire interest held by the United States, or only that part held by the Department of Commerce, Bureau of Public Roads?
This archive includes a lot of historical documentation from the federal perspective that discusses the "Fee vs. Easement" issue and what complexities could arise if highway ROW in Alaska were to remain "withdrawals" as opposed to easements. This was a subject of great interest to former DOH/DOT Commissioner Bruce Campbell and his extensive arguments that the state received a "fee" interest are included in this archive. I have split some document collections to keep them to under 10mb chunks. Granted, there may be a lot of this archive that could have been culled to focus more on the specific subject, but my current mission is to get the archives posted first, and then worry about streamlining the archives at a later date.
| Date | Documents |
|---|---|
|
7/28/55 |
Omnibus QCD Rights-of-Way: Fee or Easement - Title Review - Nature of Interest |
|
7/8/15 |
Seward Highway ROW Ownership - Memo AGO to DOT |
| 43 USC 859 Fee Title | |
|
1/6/81 |
Legality of Omnibus QCD - Memo AGO to State Pipeline Coordinators Office |
|
8/1854 |
Act of August 3, 1854 Ch 201 - To vest fee title in the states & territories |
|
5/22/98 |
Patenting of Mining Claims in Wilderness Area - BLM Solicitor memo |
|
12/1891 |
McNee v. Donahue - US Supreme Court |
|
4/14/99 |
Pages Maley Draft Mineral Law - Title by Grant |
|
2011 |
43 USC 20 - Sec. 859 - Fee simple to pass in all grants |
| 43 USC 859 Fee Title - Railroad | |
|
3/10/14 |
Brandt Rev. Trust v. USA - US Supreme Court |
|
5/4/92 |
City of Maroa v. Illinois Cent. R.R. - Illinois Appellate Court |
|
11/28/00 |
McCormick v. Union Pacific - Supreme Court of Colorado |
|
2012 |
The Homestead Act, Pacific Railroad Act & Morrill Act - Billings - Kentucky Law Review |
|
2001 |
Railroad Deeds in Washington State - Another Look at Railroad Deeds in Washington State - Hirakawa |
|
4/22/03 |
Railroad ROW Easements - Heftman - University of Illinois Law Review |
| B. Campbell | |
|
1/16/14 |
Campbell Addendum to Review of AGO Opinion - AGO opinion of February 19, 1993 |
|
12/30/13 |
Campbell Letter Re: Easement v. Fee - In support of position that Omnibus QCD conveyed fee title |
|
11/9/17 |
Campbell to AGO - Omnibus Interest - Part 1 - In addition to supporting documents (6mb) |
|
11/9/17 |
Campbell to AGO - Omnibus Interest - Part 2 - In addition to supporting documents (7mb) |
|
n/a |
Campbell Letter - Asking why a 2nd opinion was requested when a favorable one existed |
|
11/26/13 |
Commentary to Accompany Photo Donation to Denali Park - Part 1 - Bruce Campbell (9mb) |
|
11/26/13 |
Commentary to Accompany Photo Donation to Denali Park - Part 2 - Bruce Campbell (9mb) |
|
11/26/13 |
Commentary to Accompany Photo Donation to Denali Park - Part 3 - Bruce Campbell (9mb) |
|
11/26/13 |
Commentary to Accompany Photo Donation to Denali Park - Part 4 - Bruce Campbell (9mb) |
|
11/26/13 |
Commentary to Accompany Photo Donation to Denali Park - Part 5 - Bruce Campbell (9mb) |
|
11/26/13 |
Commentary to Accompany Photo Donation to Denali Park - Part 6 - Bruce Campbell (8mb) |
|
11/26/13 |
Commentary to Accompany Photo Donation to Denali Park - Part 7 - Bruce Campbell (3mb) |
|
12/12/13 |
|
|
n/a |
Letter to Rachael Shoemake - 4th Part of Campbell ownership review |
|
6/18/14 |
Sterling MP 58-79 Summary of Boundary Problems Report - FINAL |
| B. Campbell - Review of AGO Opinion | |
|
1/10/14 |
Campbell Review Summary - Review of AGO Opinion February 19, 1993 |
|
2/19/93 |
AGO Opinion - Nature of property interest/title conveyed to State of Alaska in highway ROW at statehood |
|
varies |
Highway Public Land Orders - As published in Federal Register |
|
2/24/49 |
Alaska Road ROW Problems - Memo Asst. Sec. DOI to Agency Directors |
|
6/29/56 |
|
|
11/26/13 |
Definition of Real Property - Legal Match Law Library (2mb) |
|
8/15/56 |
|
|
6/25/59 |
PL 86-70 Omnibus Act Section 21 - Conveying Bureau of Public Roads interests to Alaska |
|
4/7/58 |
|
|
5/26/52 |
Executive Order 10355 - Delegating Presidential authority to Secretary of Interior |
|
7/7/58 |
Public
Law 85-508 - Alaska admitted to Union |
|
n/a |
|
|
2/9/73 |
|
|
6/30/59 |
|
| Easement Vacation | |
|
9/1/06 |
Commissioner's Deed of Vacation - Form 25A-R997 |
|
5/14/10 |
Signed CDV Tsaina - Example Old Richardson Highway |
|
1995 |
Vacation of Easements - DOT&PF ROW Manual Excerpt |
|
6/21/93 |
Signed CDV Example - Richardson Highway |
|
6/6/79 |
Signed CDV Example - Old Nenana Highway |
|
5/14/10 |
Signed CDV Example - Old Richardson Highway |
|
11/22/93 |
Valuations for Vacations - Memo DOT ROW Committee to Deputy Commissioner (3mb) |
|
1/24/97 |
Vacations & Disposals ROW Easements - Memo jfb to NR ROW Chief |
| Legal | |
|
2/9/89 |
Requests for Legal Opinions - Memo DOT Commissioner to Staff |
|
5/14/15 |
|
|
6/21/93 |
Legal Opinions - Requests for AGO Opinions - Memo DOT Chief Engineer to Staff |
|
n/a |
Draft Seward Hwy Opinion Review - Outline of review comments |
|
6/30/08 |
|
| Pre-Statehood | |
|
12/14/49 |
Roads in Alaska - BLM Memo discussing highway ROW |
|
12/1/49 |
'47 Act Easement - Letter Noyes - Road Commissioner to DOI |
|
12/5/49 |
Rights of Way - Withdrawals or Easements - Letter Noyes to Puckett |
|
4/11/49 |
Establishment of ROW for Public Roads in Alaska - Memo BLM Regional Counsel to Regional Administor |
|
9/9/49 |
Easements or Withdrawals - Letter Pucket to Kadow |
|
1/26/50 |
Withdrawals for ROW in Alaska - Memo BLM Asst. Secretary to Regional Administrator |
|
1/26/50 |
Highway Withdrawals - Letter DOI Asst. Secretary to Delegate Bartlett |
|
10/10/50 |
PLO 601 Withdrawal v Easement - DOI Memo discussion of issue |
|
10/24/50 |
Alaska Field Staff ROW Interests & Widths - Kadow to DOI Asst. Secretary |
|
2/7/51 |
Alaskan Road ROW Program - Memo Director BLM to Asst. Secretary DOI |
|
3/23/51 |
ROW Easements or Withdrawals - Asst. DOI Secretary to DOI Secretary |
|
4/23/51 |
ROW for Highways in Alaska - Asst. DOI Secretary to DOI Secretary |
| Reviewed | |
|
10/25/85 |
BLM's Jurisdictional Claim of Underlying Fee Beneath Alaska Highway Easements - AAG McGee Opinion |
|
10/1984 |
An Outline of the History and Implications of the PLO Road Systems in Alaska - Hopewell Dep. Regional Solicitor |
|
12/15/86 |
Fairbanks - Nenana Road - AAG Walton Opinion regarding Omnibus QCD Interest |
|
12/22/81 |
BLM Position on State Highway Ownership - AAG Wood to AAG McGee |
|
2/19/93 |
Nature Of Property Interest Conveyed to Alaska in Highway ROW at Statehood - AG Cole to DOT Commissioner |
|
3/24/13 |
|
|
2/2/88 |
|
|
4/25/91 |
Omnibus Act ROW Interest - NR ROW Chief to NR D&C Director - Request for Opinion |
|
4/8/85 |
Highways - Fee or Easement - DOT Commissioner to BLM requesting meeting of legal counsels |
|
5/1/91 |
Request for a Formal Legal Opinion - Commissioner Turpin to AG Cole |
|
5/20/85 |
BLM's Jurisdictional Claim over RIchardson Highway ROW - AAG McGee to Commissioner Knapp |
|
6/18/84 |
Decision Memo #75 PLO 1613 & Omnibus Lands - DNR Director to DNR Commissioner |
|
7/28/82 |
Reservation of ROW Issued to Alaska in Selection Patents - Memo BLM State Director to BLM Chiefs |
|
9/13/93 |
McKinley Park Road Jurisdiction and Ownership - Part 1 - Commissioner Campbell to AG Cole (8mb) |
|
9/13/93 |
McKinley Park Road Jurisdiction and Ownership - Part 2 - Commissioner Campbell to AG Cole (8mb) |
|
9/13/93 |
McKinley Park Road Jurisdiction and Ownership - Part 3 - Commissioner Campbell to AG Cole (7mb) |
|
varies |
|