Benka Lake is a navigable public waterway
approximately 12 miles southeast of Talkeetna. The lots surrounding
the lake and dedicated road rights-of-way were subdivided by DNR in
1965. The only public road access to the lake is from the south via
Lakeview Street. In 2022 the landowner whose lots adjoin the
cul-de-sac that was intended to provide public lake access installed a
gate claiming that the public had no right of access and that the road
and launch were dangerous. The cul-de-sac as platted appears to be
ambiguous as to whether the ROW is fixed or extends to the water.
However, the DNR contract documents for the construction of Lakeview
Street state a clear intent that the cul-de-sac would provide a public
boat launch to the water. Will the ROW lines extend to a moved
ordinary high water line?
My role as an expert was to prepare a report and testify in Superior
Court on behalf of the Alaska Department of Law. The objective for the
May 2024 hearing was to secure an injunction that would allow
continued public access to Benka Lake until the full issue was decided
in further litigation or resolved by settlement. On May 31, 2024, the
Court issued an injunction in favor of public access with certain
restrictions. Resolution of the case is still pending. The Benka Lake
project was presented in part at the 2025 ASPLS Conference in a
session I titled "Cleaning Out the Closet - Odds & Ends". This
session contains a sub-set of files that can be found in the Benka
Lake project folder along with a PowerPoint presentation converted to
PDF. Click on the following link for access: "Cleaning
Out the Closet".