44 LD 513 Rights-of-Way - 2021

44 LD 513 has been referred to as a right-of-way, but is technically just a notation to the federal records in order to protect a public improvement such as roads, trails and utilities from conflicting subsequent entries by homesteaders or miners. I have had limited experience with 44 LD 513 in the northern region given that most seem to be in southeast, passing through lands that are currently or have be in the past Forest Service lands. I wrote a small section, less than a page and a half, on 44 LD 513, in my last update of "Highway Rights-of-Way in Alaska" dated 1/1/13 with minor revisions 3/24/13.

In 2021, I was sufficiently motivated to consider updating "Highway Rights-of-Way in Alaska". I decided to start with one of the smaller sections and chose 44 LD 513. I completed the updated 3 page section dated 1/1/22. I've included resource documents consisting of Department of Interior Land Decisions, IBLA-ANCAB decisions, case law and a variety of BLM-GLO-DOI Solicitor's opinions and Land Office memos. 44 LD 513 may be an area of further research in the future if a project warrants it. The curiosity is that there exist both federal and state legal opinions suggesting that while a 44 LD 513 can be established by the federal government, it can never be transferred to the state. Yet here we are with a variety of highway ROW apparently based on 44 LD 513 that are currently under state ownership and management.

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