Another section line easement case... In this situation, a property owner's lot was subject to a 33' SLE. This is fairly common and generally not a big issue. But in this case, a local utility notified the owner that they intended to install a water main within the SLE. The owner objected and argued that placement of utilities was not an allowable use for a SLE.
This is another R&M project for a private client. I did not seek permission to publish the files below because the case is laid out in the public record as a result of the trial court filings in Superior Court. Other background documents relating to SLEs are a part of the public record or a part of my ROW archives. This assignment was interesting in that I was hired by the client before I had an opportunity to fully review and comment on their case. As a result, my role was relegated to a review of the utility company filings due to the fact that I fully agreed with their arguments. And strangely, the opposition's filings included excerpts from my "Highway Rights of Way in Alaska" paper relating to SLE research.
Essentially this case boils down to whether placement of utilities constitute an allowable use of a federal SLE. As a result of the 1983 Fisher v. Golden Valley Electric Ass'n case, my understanding while employed at DOT&PF and now was that they were an allowable subordinate use of the SLE. That is, the primary purpose of the RS-2477 highway easement was for roads and transportation purposes. But to the extent that they were not in conflict, placement of utilities was permissible. This is true for lands subject to State law. If the lands were subject to federal law such as military reservations, National Parks, native allotments and such, they would be subject to the more restrictive federal interpretation that did not consider utility placement to be an allowable use.
At one point the client filed a Petition for Review at the Supreme Court to suggest that the Fisher v. Golden Valley case had reached an incorrect conclusion and should be reconsidered. Ultimately, no decision was rendered by the Trial Court and a Notice of Settlement and Withdrawal concluded the dispute.
| Date | Documents |
|---|---|
| 6/24/18 |
email Re: SLE Redacted - discussing case issues |
|
7/9/18 |
email Re Draft Reply Redacted - case issues |
| Trial Court | |
|
6/25/18 |
|
|
6/25/18 |
|
| 7/1/18 |
|
| 7/1/18 |
|
|
n/a |
|
|
2018 |
|
| Research - BLM | |
|
6/3/16 |
BLM
Master Title Plat - (2mb) |
|
n/a |
F000367 Bailey Failed HE - Wrong TWP - BLM Online |
|
n/a |
F005521 Leonard J Kane - Failed HE - BLM Online |
|
n/a |
Hollist Patent 1127095 Abstract - BLM Online |
|
8/23/49 |
|
|
6/7/16 |
T1S R2W FM HI - Historical Index |
|
6/15/12 |
T1S R2W FM Rectangular - Township Survey (3mb) |
| Research - Case Law | |
|
10/23/86 |
|
|
5/8/84 |
|
|
1/28/83 |
|
|
10/16/15 |
|
| Research - Case Law - Puddicombe | |
|
4/26/96 |
|
|
2/12/98 |
|
|
8/25/99 |
|
| Research - DOT | |
|
2/2/88 |
|
|
n/a |
|
| Research - FNSB | |
|
6/22/18 |
|
|
n/a |
|
|
n/a |
FNSB Utilities in ROW - 17.56.030 Utility Easements |
| Research - jfb | |
|
4/26/18 |
|
|
n/a |
Notes - chronology |
|
1/1/13 |
Pages from Highways-2013 - SLE Table |
|
10/16/15 |
|
| Research - Plats | |
|
9/17/99 |
Twin Lakes Ph 1 - Plat 99-77 |