Archive for the ‘Uncategorized’ category

PERMIT LIKE A PRO 12/2/2016

November 15, 2016

Our chapter is presenting a one day seminar on how to acquire which permits you need for your project. Presentations will be made by many of the major permitting authorities, including but not limited to the Corps of Engineers, ADNR, ADOT&PF, Alaska Railroad, City of Fairbanks, the Fairbanks North Star Borough, and the Mental Health Trust Land Office. Contact Steve Taylor at 459-1068 for more information.

Advertisement

WHO OWNS “PORE SPACE”?

May 10, 2016

Who owns the right to store natural gas in a depleted reservoir? Did you know that “pore space” is “mineral”? For an interesting discussion of that question and the nature of surface and subsurface rights, see the Alaska Supreme Court’s May 6, 2016 decision in City of Kenai v. Cook Inlet Natural Gas Storage, State of Alaska Department of Natural Resources, and Cook Inlet Region Inc. (No. 7101)
(more…)

CHAPTER AWARDS

December 18, 2015

Our Chapter Awards ceremony was held December 17th at the Double Eagle restaurant on Farmers Loop Road. Please congratulate Sandra Wagner, RWA Chapter Professional of the Year; Pat Thayer, SR/WA Chapter 71 Balfour Nominee and previous Finalist; R&M Consultants, Inc. Chapter Employer of the Year.

SECTION LINE EASEMENTS REVISITED

October 22, 2015

Depending on the dates involved and other circumstances, the mere filing of a homestead application can segregate the land applied for from the public domain. Such segregation could prevent the imposition of a section line easement when the land is surveyed. That was the finding of the Alaska Supreme Court on October 16, 2015 in Luker v. Sykes, Opinion No. 7059. Open question: Could this principle also influence how the various Public Land Order (PLO) rights of way affect the land applied for? (This case involves land south of Chena Hot Springs Road near Grange Hall Road.-cp)

Miscellaneous Documents Now Online From Recorders’

October 6, 2015

Meant to Post this a long time ago-as of July 1, 2015 you can view and print out the “Miscellaneous” documents from the Sate Recorder’s office

PEOPLE

June 11, 2015

Chapter 71 is pleased to welcome Peter Flint and Jacquie as new members. Both are recent additions to GVEA’s right of way staff. We also welcome back Merna Wharton, now with the Fairbanks North Star Borough Land Management Division. Also joining us from the borough is Stephen Taylor.

Congratulations to John Bennett, PLS, SR/WA, Penny Adler, SR/WA. CM, And Larry King, PLS, SR/WA, all of whom have recently recertified as Senior Right of Way Professionals!

PEOPLE IN THE NEWS

July 29, 2014

I have been derelict in my postings lately, so some of this may be old news to you. Chapter President Elect/Vice President Sandra Wagner, RWA, is the new Land Management Division Manager for the Fairbanks North Star Borough. She replaces Chapter Secretary Cora Shook who is now Negotiations Supervisor at Northern Region ADOT&PF Right of Way.

SMALL TRACT EASEMENT RESERVATION

April 28, 2014

  In 1961, BLM issued a patent for a Small Tract in the Anchorage area.  The patent contained the following language: “This patent is subject to a right-of-way not exceeding 50 feet in width, for roadway and public utilities purposes, to be located along the north boundary of said land.”  In an interesting March 2013 opinion, the Alaska Supreme Court interpreted that language as an express common law dedication which required some form of acceptance, either by a public body or by actual use.  Because the Superior Court had not made specific findings of acceptance, the case was remanded for determination whether there had been acceptance.  (One of the things that makes this interesting is that the 50’ strip is within East 136th Avenue!)  The case, McCarrey v. Kaylor, (301 P.3d 559) is worth a read. – CLP

RECENT PRESCRIPTIVE EASEMENT CASE

December 4, 2013

For an interesting read about the “hostility” element required to establish an easement by prescription, see Dault v. Shaw, Alaska Supreme Court Opinion No. 6847 dated November 29, 2013. This opinion cites (and quotes very extensively from) many prior opinions of the Court on prescriptive easements. There is a vigorous dissent, and the Superior Court decision being appealed is attached to the Opinion. You do not normally get this much information in one Opinion. Go to http://courts.alaska.gov/appcts.htm#slips . CP

HIGHWAY RIGHTS OF WAY IN ALASKA

March 4, 2013

For a comprehensive treatise on Highway Rights of Way in Alaska, see the monograph with that title authored by John Bennett, PLS, SR/WA.  This paper, first published in 1993, was updated and revised in January 2013.  It covers the history and uses of highway rights of way, citing statutes, regulations, court and IBLA decisions among other sources.  Bennett addresses RS 2477, section line easements, PLO’s, and other means by which rights of way are created, defined, and used.  This is an essential reference for all involved in any aspect of the right of way profession.  It is available from the Alaska Society of Professional Land Surveyors website.  Go to: http://www.alaskapls.org/standards2013/Highways-2013.pdf