This assignment was to determine the width of the Lutak Road existing right-of-way in Haines. My conclusion would be in conflict with the width represented on the most recent (1983) DOT&PF ROW plans. In this contract I was working for two of the "Et al." parties, the Haines Alaska Native Brotherhood Camp 5 and Sealaska Corporation, through their attorneys.
This case relates to access from the Lutak Road existing ROW to the Chilkoot River at the northerly end of Lutak Inlet approximately 9 miles northwest of Haines. The issue was whether there was a public easement, by prescription or otherwise, that crossed accreted lands owned by Loewen that would allow access to the Chilkoot River for hooligan fishing. The native community had claimed access to this site for a fishery that had been traditionally used for centuries. My testimony focused on the width of Lutak Road. If it were wider than the DOT&PF ROW maps asserted, then the length of the claimed public prescriptive easement would be reduced. Ultimately the Court determined that my testimony as to the width of Lutak Road was not necessary to resolve the issue of easement by prescription. In addition, DOT&PF did not want to reconsider the width of Lutak Road at this point in time as it would lead to conflicts regarding management of ROW encroachments if the ROW was found to be 40-feet wider than shown on the 1983 ROW plans.
I was to testify in Superior Court in Haines. This resulted in one of my more embarrassing travel stories. I arose at 4:00am to catch a 6:00am flight from Fairbanks to Juneau. As soon as I arrived in Juneau I boarded the "Alaska Seaplanes" Cessna 208A Caravan on floats. There were already passengers in the back so I figured that with only one pilot, I might sit up front. Having been up since 4am and with minimal caffeine I had somehow convinced myself that the pilot would take the right seat so I strapped into the left side. (With the floats, I must have thought I was in a helicopter...) The pilot arrives, looks up at me and says..."So you gonna fly this plane?". On the way back I told the pilot that now with my training flight complete, I felt prepared to take the pilot's seat for the flight back to Juneau. He declined my offer.
| Date | Documents |
|---|---|
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3/11/16 |
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10/16/51 |
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1930 |
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11/30/49 |
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10/11/50 |
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2/6/51 |
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8/11/52 |
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6/11/53 |
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1/20/54 |
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3/30/54 |
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1/3/55 |
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1/12/56 |
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1/31/57 |
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1955-56 |
13 - Alaska Territorial Highway Engineer - Biennial Report (2mb) |
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12/6/05 |
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| Followup | |
|
3/12/16 |
Loewen - Lessons Learned - jfb |
| Followup - Dedication | |
|
7/10/89 |
Rocky
Lake Dedications -AGO memo |
|
9/1/48 |
|
|
2013 |
Dedications Summary - Highway ROW in Alaska excerpt |
|
8/1869 |
Dedication by Government - United States v. Illinois Central Railroad |
|
1991 |
Property Law - Common Law Dedication - William Mitchell Law Review |
|
2/21/61 |
Conveyance of Dedicated Areas within Townsites - DOI Regional Solicitor Alaska |
| Followup - Press | |
|
4/15/16 |
Loewen Case News Report - Alaska Public Media |
|
8/1/17 |
Loewen v. SOA - ADN |
| Followup - Territory | |
|
2/2014 |
Alaska Roads Historic Overview - (5mb) |
|
2015 |
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2005-06 |
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2/2014 |
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6/18/09 |
|
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8/24/12 |
Territorial Organic Act - Alaska |
| Research - Allotments | |
|
11/28/03 |
Deed between Donnelly and Folletti - Tract A Lot 1 USS 3707 |
|
5/3/79 |
Plat A portion of Lot 1 USS 3307 - Chilkoot River |
|
7/31/79 |
Deed to Restricted Native Land - David to Asper & Folta |
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7/28/87 |
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3/20/58 |
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5/27/57 |
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| Research - ARC/BPR | |
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1905-17 |
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1918 |
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1921 |
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1925 |
Board of Road Commissioners for Alaska - Annual Report Part II (6mb) |
|
1926 |
Board of Road Commissioners for Alaska Annual Report - (10mb) |
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7/1987 |
Alaska's Inclusion in the Federal-Aid Highway Act of 1956 - Naske (8mb) |
|
1954 |
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1923 |
Alaska Road Commission Map of Alaska - (12mb) |
|
1923 |
Board of Road Commissioners for Alaska Annual Report Part I - (5mb) |
|
1924 |
Board of Road Commissioners for Alaska Annual Report - (7mb) |
|
1925 |
Board of Road Commissioners for Alaska Annual Report - Part 1 (8mb) |
|
1925 |
Board of Road Commissioners for Alaska Annual Report - Part 2 (8mb) |
|
1925 |
Board of Road Commissioners for Alaska Annual Report - Part 3 (7mb) |
|
1926 |
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|
1930 |
Annual Report of the Alaska Road Commission - Part 1 (6mb) |
|
1930 |
Annual Report of the Alaska Road Commission - Part 2 (7mb) |
|
1930 |
Annual Report of the Alaska Road Commission - Part 3 (6mb) |
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1931 |
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1948 |
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1931 |
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1923 |
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1935-36 |
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1955-56 |
Biennial Report of the Alaska Territorial Highway Engineer - (2mb) |
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5/1987 |
COE WWII Historic Resources - Part 1 (7mb) |
|
5/1987 |
COE 1987 WWII Historic Resources - Part 2 (6mb) |
|
n/a |
|
|
4/25/06 |
|
|
10/6/11 |
|
|
varies |
|
|
varies |
Federal Records Center #65633-2 - (3mb) |
|
1923 |
|
|
1919-59 |
Index of Place Names Found in the Records of the Alaska Road Commission |
|
varies |
|
|
6/1983 |
Alaska Road Commission Historical Narrative - Part 1 (7mb) |
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6/1983 |
Alaska Road Commission Historical Narrative - Part 2 (7mb) |
|
6/1983 |
Alaska Road Commission Historical Narrative - Part 3 (6mb) |
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1918 |
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1935-36 |
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1937-38 |
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1986 |
Paving Alaska's Trails - Naske Part 1 (8mb) |
|
1986 |
Paving Alaska's Trails - Naske Part 2 (8mb) |
|
1986 |
Paving Alaska's Trails - Naske Part 3 (7mb) |
|
1923-25 |
Territorial Board of Road Commissioners - Biennial Report - (2mb) |
|
1925-27 |
Territorial Board of Road Commissioners - Biennial Report - (4mb) |
|
1947-48 |
|
| Research - BIA | |
|
2000 |
|
|
4/7/02 |
|
|
4/7/02 |
|
|
3/2005 |
Long Range Transportation Plan - Chlkoot Indian Association |
|
7/7/05 |
DOT&PF SE Planning to Chilkoot Indian Assn. - Public Roads in Haines Borough |
|
5/2005 |
Inventory of Indian Reservation Roads - Chilkoot Indian Association Resolution |
| Research - BLM | |
|
3/18/09 |
|
|
3/1/16 |
Abstract AA10508 USS 3707 Lot 2 Cemetery - BLM Online |
|
2/29/16 |
Abstract J10778 NA USS 3707 - BLM Online |
|
5/7/09 |
|
|
5/26/11 |
|
|
2/29/19 |
|
|
3/10/09 |
Tentative Approval A2009-0034 - Lands to State of Alaska |
|
4/23/20 |
|
|
4/30/00 |
|
|
9/26/60 |
|
|
6/2/60 |
|
|
6/30/15 |
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|
6/12/29 |
|
|
9/24/14 |
|
| Research - BLM - Dependent Resurvey USS 3707 | |
|
9/7/07 |
|
|
3/22/07 |
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|
6/8/07 |
|
|
11/26/08 |
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| Research - Dillon/Findley | |
|
4/25/08 |
|
|
2/7/80 |
|
|
7/31/79 |
|
|
10/12/81 |
|
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9/20/82 |
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|
5/7/09 |
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1/12/72 |
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7/31/79 |
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7/31/79 |
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10/11/84 |
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|
10/24/83 |
|
|
2/8/10 |
|
|
10/15/09 |
|
|
n/a |
|
|
varies |
Native Allotment File - (4mb) |
|
12/6/05 |
|
|
2/17/16 |
|
|
6/7/78 |
|
|
varies |
|
|
varies |
|
|
9/26/60 |
|
| Research - DNR | |
|
8/10/81 |
|
|
1/17/91 |
Vacation and Designation of 100 ROW as Tract A, Block 1, Latak Alaska Subdivision |
|
6/1/07 |
|
|
2/29/16 |
|
|
3/1/16 |
|
|
varies |
|
|
2/29/16 |
|
|
2/29/16 |
|
|
n/a |
|
| Research - DNR - Accretion | |
|
n/a |
11 AAC 51 - Alaska Public Easements Regulations |
|
5/13/15 |
|
|
12/2003 |
|
| Research - DNR - Navigability | |
|
12/6/05 |
|
|
2/1/06 |
|
|
12/16/05 |
|
| Research - DOT&PF | |
|
2013 |
|
|
11/3/00 |
|
|
7/2015 |
|
|
1978 |
|
|
n/a |
|
|
4/2006 |
|
|
10/27/08 |
|
| Research - DOT&PF - Davis | |
|
10/5/83 |
|
|
5/30/84 |
|
|
10/14/83 |
|
| Research - DOT&PF - Asbuilts | |
|
9/20/78 |
|
|
5/1990 |
|
| Research - DOT&PF - Lutak Deeds | |
|
9/21/84 |
|
|
3/21/94 |
|
|
8/31/84 |
|
|
5/30/84 |
|
|
10/5/83 |
|
|
10/14/83 |
|
| Research - DOT&PF - Lutak Deeds - Disposals | |
|
2/3/16 |
|
|
9/7/07 |
|
| Research - DOT&PF - Planning | |
|
8/28/15 |
Alaska State Managed Roads - Southeast Region |
|
3/10/16 |
|
|
3/9/16 |
|
|
3/9/16 |
|
|
n/a |
|
|
n/a |
|
| Research - DOT&PF - ROW Plans | |
|
6/7/78 |
|
|
4/29/68 |
Haines - Lutak ROW Plans - (5mb) |
|
5/16/83 |
Lutak Road Haines ROW Plans - (4mb) |
|
5/16/83 |
|
| Research\Experts | |
|
8/7/15 |
|
| Research - Experts - DOWL | |
|
7/22/15 |
|
|
7/23/15 |
Pence
Expert Report - ROW at Chilkoot River Bridge |
| Research - Google Earth |
|
|
2016 |
|
|
2016 |
|
|
2016 |
|
| Research - Haines Borough | |
|
n/a |
|
|
n/a |
|
| Research - History | |
|
12/2003 |
|
|
1971 |
|
|
n/a |
|
|
n/a |
Fort Seward - National Register of Historic Places |
|
n/a |
|
|
n/a |
|
| Research - History - Haines Pipeline | |
|
4/2003 |
Haines - Fairbanks Pipeline - US Army (6mb) |
|
7/15/69 |
Alaska Petroleum Pipeline System - Real Estate Map Sheet 1 |
|
7/15/69 |
Alaska Petroleum Pipeline System - Real Estate Map Sheet 2 |
|
7/15/69 |
Alaska Petroleum Pipeline System - Real Estate Map Sheet 3 |
| Research - Legal - Bruce & Ely |
|
|
2013 |
1 - Nature of Easements - Bruce & Ely |
|
2013 |
3 - Creation of Easements by Express Provision - Bruce & Ely |
|
3/2014 |
Pages from Easement Update - Bruce & Ely |
| Research - Legal - Estoppel (DOT&PF) |
|
|
1/12/16 |
Michael's Mesa Subdivision - Trunk Road |
|
8/18/04 |
INL
Subdivision - Iliamna Lake - Certificate of Approval of
ROW Location by DOT&PF |
|
1/9/09 |
Central Region DOT&PF Acceptance of ROW - Newhalen Subdivision No. 2 |
|
2/17/95 |
Keener v. State - Alaska Supreme Court |
|
2/26/03 |
Plat 2003-3 Cordova - DOT&PF Approval of ROW |
|
8/1/89 |
Sterling Highway Encroachments - AGO Memo regarding estoppel |
| Research - Legal - "In Addition To" | |
|
2/15/74 |
|
|
2/29/16 |
|
|
11/14/96 |
|
|
3/5/91 |
Acquisition Area DOT&PF ROW Maps - memo jfb to ROW Chief |
|
1984 |
|
|
10/5/84 |
Ault v. State Highlighted - Alaska Supreme Court |
|
10/14/83 |
|
|
2007 |
A Response to Adverse Possession by Governmental Entities - Nevada Law Journal (2mb) |
|
5/26/61 |
|
|
7/7/67 |
|
|
12/3/63 |
|
|
7/6/62 |
|
|
3/30/16 |
|
| Research - Misc | |
|
5/18/15 |
Chilkoot River Subdivision USS 3707 - Draft Accretion Survey |
|
3/24/16 |
|
|
3/24/16 |
|
| Research - Omnibus Quitclaim Deed |
|
|
6/30/59 |
|
|
6/30/59 |
|
|
6/30/59 |
|
|
6/30/59 |
Schedule A Highways - (2mb) |
| Research - Press | |
|
8/23/15 |
|
|
2011 |
|
|
9/17/15 |
|
| Research - R&M Juneau | |
|
3/10/82 |
|
|
10/15/13 |
Exhibit - Accretion to Parcel 3 - Chilkoot River Subdivision |
|
4/3/15 |
|
|
4/2/15 |
|
|
10/15/13 |
|
|
2/6/51 |
|
|
4/2/15 |
|
|
5/7/09 |
|
|
7/31/79 |
|
|
4/2/15 |
|
|
12/1982 |
|
|
6/30/59 |
|
|
8/31/84 |
|
|
6/7/78 |
|
|
2/4/81 |
|
|
4/3/15 |
|
|
9/26/60 |
|
|
4/2/15 |
|
| Research - State Archives | |
|
3/11/16 |
|
|
3/11/16 |
|
|
3/14/16 |
|
| Research - USGS | |
|
1952 |
AK Skagway 1:250,000 - (7mb) |
|
1961 |
AK Skagway 1:250,000 - (8mb) |
|
1954 |
AK Skagway B-2 1:63,360 - (2mb) |
|
1954 |
AK Skagway B-2 1:63,360 - (2mb) |
|
1954 |
AK Skagway B-2 1:63,360 - (2mb) |
|
1954 |
AK Skagway B-2 1:63,360 - (2mb) |
|
1991 |
AK Skagway B-2 SE 1:25,000 - 2(mb) |
|
1991 |
AK Skagway B-2 SW 1:25,000 - (3mb) |
|
1954 |
AK Skagway B-2 cropped - (2mb) |
| Superior Court | |
|
9/19/16 |
Memorandum Decision & Order - Loewen v. SOA |
|
1/28/18 |
|
|
n/a |
|
|
3/23/16 |
|
|
11/13/13 |
|
| Superior Court Exhibits | |
|
7/22/15 |
|
|
1/12/72 |
|
|
5/3/79 |
|
|
7/31/79 |
|
|
9/26/60 |
|
|
10/12/84 |
|
|
1990 |
|
|
7/23/15 |
Ex. H - Pence Expert Report - (2mb) |
|
6/18/98 |
|
|
3/1/02 |
|
|
4/4/58 |
|
|
11/7/12 |
|
|
10/14/83 |
|
|
11/10/15 |
Plaintiffs' Exhibit List + Exhibits - (10mb) |