By ALEX GIMARC
My December AKRR column made the case that the Alaska Railroad Corporation was an intentional bad actor, a predatory neighbor to property owners that AKRR has a right of way easement across their property. Today’s column will explore predatory actions by this state corporation that has gone feral over the years and propose a path to solution.
CASH COW
As a reminder, a railroad right of way across property only exists to ensure safe operation of the railroad. But since Ted Stevens passed in 2010, AKRR has adopted an increasingly aggressive and confrontational stance, turning what was originally a safe operation right-of-way into a lawfare driven taking of property from property owners along its tracks without compensation. This is occurring bit by bit. Since 2013, it has turned its right-of-way into a cash cow, charging increasingly exorbitant fees to property owners and utilities for access to the right of way.
They also are using their exclusive right-of-way claim to prohibit property owners who own land on both sides of the tracks from accessing their land across the tracks. An operational ROW for a railroad was never intended by congress to become a revenue stream for a railroad.
Property owners are left with three options. They can take AKRR to court. The problem with this is that the opening bid of a lawsuit against an AKRR action is a cool $100,000, while AKRR funds their lawsuits with public money as a state corporation. Property owners can simply lie down and take the abuse, something rape victims were told to do in the bad old days.
Or they can sell their property and end the nightmare of endlessly increasing fees, not unlike the time share industry.
The third option is increasingly difficult because AKRR managed to garbage up titles of property along the AKRR to the point where ownership of the property and titles are today unclear, making them all but impossible to transfer.
CLOUD ON TITLE
A short digression into the arcane world of patents and titles is in order. Property ownership along AKRR is defined by patents, otherwise known as titles. These were defined for homesteaders in the 1920s before AKRR went into operation, through the 1950s, after the feds sold the land. These patents simply reserved a ROW, an easement over the private property owner’s land for “railroad, telegraph and telephone.” These easements required homesteaders, their heirs and purchasers of the land to allow unimpeded rail operations through their properties. There are also native claims that do the same thing.
One of the fallouts of the sale of AKRR to the State was a survey of property along the tracks, in an attempt to determine who owned what. The feds erroneously issued Patents (title) for the easement to AKRR in 2006, effectively creating a second patent on top of the original ones, not unlike the feds selling the same piece of property a second time. The AKRR graciously accepted the gift (who doesn’t like free land?) without getting approval from any legislative body.
The problem is that the 2006 patents were never reconciled with the previous titles and do not show up in a Alaska Department of Natural Resources title search. DNR simply overlaid the two maps, instantly creating what is called a cloud upon title, as it is now unclear who owns what. No legislature nor congress was involved in the gift of this property to AKRR. No legislature defined the new property rights. Worse, DNR didn’t bother to notify any previous property owner of the newly created question on ownership of their property.
The Department of Natural Resources finally notified the title companies of the two different maps and problems with titles in a Jun 15, 2020 memo:
But they pointedly did not notify individual property owners of their newly created problem which they blamed on indexing (two different systems of carrying the data that didn’t talk to one another).
AKRR has chosen to reconcile the differences via litigation, with the first target being the Flying Crown Homeowner’s Association here in Anchorage starting in 2020. From here it looks like they believe they can litigate property rights in federal court, set a precedent, and steamroll everyone else with property along the tracks, essentially property theft via lawsuit. Gov. Mike Dunleavy got involved with a letter to Judy Petry, Vice Chair of the AKRR Board of Directors Aug 2, 2021, asking them to cease and desist, settle lawsuit. To date, he has been ignored.
FISH CEEK TRAIL AND THE LONG TRAIL
All of this leads to today, where AKRR believes they have exclusive rights to their right of way across privately held property and at least one wrongly decided Ninth Circuit opinion last summer supporting that notion. They are now in the process of inviting third parties onto private property to use their right of way here in Anchorage. The proposed Fish Creek Trail is the first 3rd party invited. The Long Trail is the first of what promises to be many of these invitees.
Why invite them? Likely to tap into the free federal money supporting the Long Trail, once again turning their ROW into a cash cow, stealing it from existing property owners. Their problem is that both state law and the Alaska Supreme Court prohibit any use of rights of way in any way other than the terms of the original easement. The AKRR easement reserved in the original patents is for AKRR use only.
AKRR, the State of Alaska and the feds simply do not have the unilateral right to put another easement on their existing easement where that easement runs over private property without an act of either the legislature or congress taking the land. These acts do not exist. Of course, this is why they are going to do their level best to bounce expected lawsuits out of state courts into federal court and their new BFFs on the Ninth Circuit who are expected to rule in their favor.
A FERAL BOARD
Not only is the AKRR unable to get along with their neighbors, over the years they have demonstrated that they can’t even get along with one another. Take a look at Reeves LLC v Godspeed Properties LLC, (Alaska Supreme Court No. S-17884/17904), decided Sept 16, 2022, in which board member John Reeves sued a company partly owned by fellow board member John Binkley over easements.
The Alaska Supreme Court held that an easement holder cannot make changes to the easement that go beyond the express purposes of the easement. They went further, noting that the property owner can use the easement in any manner and purpose which does not unreasonably interfere with the easement holder’s rights.
In this, we have two board members arguing what you can do with an easement. The court tells them that it can be used only for what was agreed upon in the original easement. Contrast that with what AKRR is telling property owners today, that the railroad can do whatever it wants on its easement. If board members are suing one another over rights-of-way and easements, how can we possibly expect them to protect or defend property rights of property owners along the rail lines?
SOLUTIONS
One of the first things necessary is to replace current Board Members with those who would rein in the litigation machine AKRR turned itself into. It looks like Gov. Dunleavy is well on his way to do this, with the only board member, John Binkley (2007), being on the board before 2019. That new board would then need to start the process of removing members of the AKRR executive team who believe they are in the “lawfare” business, abusing lawsuits to grow their cash flow. I would also strongly suggest that every single board member be retroactively term limited.
The second thing would be for both the legislature and congress to turn the federal money spigot for AKRR completely off until we see a change in mindset. If it takes actual legislation to make this happen, that legislation should be written and passed. This action would be much more constructive than endless prattling on about renewables and decarbonization. Note that this step means all efforts to fund any sort of track extension be immediately halted as an attention getting step.
Final action would be to implement actions requested by Governor Dunleavy in his Aug 2, 2021 letter.
CONCLUSION
The congressional delegation, particularly Sen. Ted Stevens and Congressman Don Young spent a lot of time kicking AKRR back into play. Sadly, upon their passing, AKRR got itself into the lawfare business, using the courts to grab private property they wouldn’t have dared to ask any legislature or congress for.
This is not an accident. It is intentional, and in doing so, they have become feral. They need to be stopped.
Alex Gimarc lives in Anchorage since retiring from the military in 1997. His interests include science and technology, environment, energy, economics, military affairs, fishing and disabilities policies. His weekly column “Interesting Items” is a summary of news stories with substantive Alaska-themed topics. He was a small business owner and Information Technology professional.
Interesting article and sure to get politically explosive as time rolls along. John Reeves seems to the “outsider” on the RR Board, with no personal or self-enriching motives for being on the Board, other than to keep an eye on misbehavior of one individual board member who views himself as a big business operator.
Reeves scares the bejesus out of that guy. Not just in court, but with his physically imposing 6’10’ frame. Maybe there is a prayer that the Alaska Railroad won’t be run as a dictatorship with his appointed queeslings towing the line just for him. This is not a personal choo-choo for one player who thinks the railroad belongs to him.
Autocrats running the Alaska Railroad. There’s only one answer:
Term Limits on the Board. Why doesn’t the Governor introduce a Bill in the Legislature and get this train rolling?
Question:
Doesn’t Binkley’s tourboat business up in Fairbanks pay the state a head tax of 25¢ per passenger for use of a public waterway, also known as the Chena River? The riverbed is owned by the state. The river is navigable and serves as a right-a-way, or in a sense a navigable water easement across state-owned land. Why doesn’t the state assert ownership and charge a user’s fee to Binkley, who makes $millions off of his operation charging ten of thousands of tourists to view public scenery?
A new concept in property rights, waterway easements. New legal territory. One thing that I distinctly remember was that Binkley got caught up in a sweetheart deal with Ted Stevens back about 20 years ago, where he got Stevens to funnel money to the Corps Of Engineers to dredge out portions of the river for easier navigation for Binkley’s riverboats. That was blatant public money use for a personal business for profit to benefit only one person. Corporate welfare and self-enrichment through under-handed political dealings. Use of the AK railroad by it’s board members should be investigated for the same reasons.
Interesting comments. My question is … .. how does Mr. Binkley personally benefit from all of the hats he likes to wear? Alaska Railroad Board Chairman. Cruise ship board Chairman. Chairman of AK Redistricting Board. Legislator. CEO of family tour business. Owner of Anchorage Daily News.
Candidate for governor and US Senator.
What’s his game plan here?
When property and property rights are controlled collectively by the government, individuals are controlled in the same way. When property and property rights are controlled by individuals, the government is likewise controlled by individuals via this and other individual rights. Socialism and fascism are both collectivist. Consider the U.S. Consitution as the only alternative.
Government overreach. The last 50 years have worked just fine and now ARR wants to be a bully state agency
Ach. The Wee Rayrow. Fortunately, ARTA is only ten (10) elegant pages long. any blue collar dumdum can read it and understand it. it is the enabling brilliance that transfered the federal governments interests to “The State of Alaska”. “The time has passed by for the property owners to do the will of the corporations”. Can you think of a listing of pertinent, applicable enactments casting light, shade and shadows on this monstrous operation? Or may we make things up as we go blindly, possibly forward into the sinking mud of the estuaries and mudflats pertinent to the operation? I will cite a few possibly after dinner.
“Congress shall make no law”. Have you heard of this? What things can’t Congress make laws about?.. Oh, liening the rights of the living, breathing Americans who do have rights who are entitled to their rights being secured not subsumed by corporations. Corporations are mythological persons and do not, therefore have comparable rights. Since it would unlawful for Congress to take rights or land without due process it may very well be fraud on the courts to averr that it has. There is a process due for taking any of the bundle of land rights CFR 49. There is zero evidence Congress intended to be unlawful vis-a-vis these taxpayers rights. The statute of frauds says there will be a complete writing of deeded transfers recorded. Absent their existence they did not flow out of the people’s hands. There is on the contrary evidence the people, owners patents, their heirs and assigns did receive all of the property rights in some cases before ARTA was completed. Any separation of rights did not not take place. The parties are not lawbreakers. The US Land professionals recorded complete deeds to the people. That is the evidence you are looking for. If Safeway transfers land to the railroad there is a deed written up. The people did not redeed the land to the US for the US to forward to the expectant, petulant private railroad corporation. If this happened as the railroad published it would be a usurpation deserving of massive remedy. A right is not a right unless there is remedy if taken without CFR 49 due process. Ask what due process was done on federally funded transit corridor on Raspberry Road Improvements, or any dock or airport improvements done in Alaska. They know the process they just didn’t ethically do it. The process is the same for land acquisition. The railroad sends ostensibly right of way agent employees to school to do this. They know how to do it. They did and are doing something else. they and state of AK who is poised to ostensibly receive “infrastructure” money to flub up similarly perhaps. Congress has no authority to write enactments that do not secure and defend the people’s rights. If personalities will not comply with the US Constitution a claim must be made on the refusal of due process for land acquisitions. if the agencies do not support the US Constitution then they cannot be paid from public trust funds. We cannot pay them public trust funds to not do their jobs. Rights cannot be taken, then licensed and criminalized. if this was arrogantly and proudly done elsewhere a Congressional Inquiry should be eminent and many will benot be funded and not eligible to return to emoluments knowing they have no intention of securing and defending Constitutional rights. It may be evidently when military reviews the irreverence displayed in Alaska against the rights of the people and usurpations are the norm a military review using military court rules can bring “government actors into enthusiastic compliance” with the US Constitution. They, the military are duty bound to secure and defend the US Constitution. The nation must align with the US Constitution again or we have lost our republic in AK.
Well written. Unfortunately, SCOTUS settled common law property rights which are just and right, and well protected within our state and federal constitutions, are effectively lost and buried by a legacy RR governed by money, power, and corruption. They effectively lobby and control our congressional delegation which sustains the substantial flow of tax payer dollars which keeps the AK RR afloat. Incorporated as a completely separate legal entity from its owner, the state of Alaska, the AKRR has enjoyed a long history of back room policy setting absent any meaningful public oversight. And most importantly, they have the money and political savvy to purchase and drive the chronic misinformation campaign which over the decades has convinced Alaska’s political, professional, business, and residential rail belt communities that the Alaska Railroad holds the right of way fee ownership powers of a land grant railroad. And finally, even though our last two governors have taken very meaningful steps to intervene on behalf of some of Alaska’s railbelt property owners over the past 7 years, the fundamental fraud continues unabated to this day. Why? Because very few understand the scope and seriousness of this issue.
“…….AKRR has a right of way easement across their property……….”
Ummmm………..the Alaska Railroad was established and built before almost all other private property owners in Alaska. Indeed, the railroad is the foundation of the entire non-coastal railbelt. It is almost exclusively the other way around; others obtain right-of-way easements on or around ARRC property. If you were knowledgable about railroad history, you’d recall that almost immediately after railroad routes throughout the west (and including Alaska) are announced, the government sells townsite properties, and homesteaders raced to homestead lands in the vicinity of the tracks, townsites, and sections. That is how/why Anchorage, Wasilla, Talkeetna, etc were established. All three (and more) were officially railroad towns. In fact, the feds had to buy back homesteads claimed in the valley when the railroad went through in order to establish the Palmer Agricultural Project. Ditto the Army having to buy back homesteads when Ft. Rich was established in 1938. The ARRC doesn’t have an easement through Ft. Richardson. They have a right-of-way that pre-dates Army presence there.
You’ve written columns like this before, Mr. Gimarc. It appears as if you intend to mislead folks.
Reggie,
While your statement that “the Alaska Railroad was established and built before almost all other private property owners in Alaska” may be true on the timeline, some clarification would be helpful in understanding the ownership interest of the dirt beneath the tracks.
The Alaska Railroad Act of 1914 authorized construction and operation of a rail line between Seward and Fairbanks. The exact routing was left to design engineers. At that time most of the land under which the line would pass belonged to the federal government, so an easement was not necessary because there was no third party involved. Similarly, there was no requirement to survey the line until the Railroad was sold to the State in 1983.
In the interim, some underlying federal land was disposed of through the federral Homestead program. That was the case in South Anchorage, where Tom Sperstad was awarded a Homestead Patent in 1950. That Patent granted Sperstad fee title to a single tract of land, which extended on both sides of the track (including that beneath the rails).
There are virtually no “right-of-way easements on or around ARRC property” as you suggest. Use of land owned by the ARRC in fee is primarily located near rail yards and adjacent land (as near Ship Creek in Anchorage), and involves leases, permits, and associated fees, not right-of-way easements.
US surveys were required under the US Homestead Act which was a public good. It was the means by which land would go to private estates. The ARRC was aware of the land transfer program. They were beneficiaries of us policies within ALaska. They cooperated with the necessary entities for Alaska to “become” a state with residential and commercial interests. The legally rebuttals presumption was at statehood that Alaskans would empathize with each other in nation building. The licensing g act enabling legislation for the railroad was post the monopoly railroad busting robber baron breaking railroad behavior earlier in the US history when all railroads in the US were behaving as ARRC believes it os it’s birthright to do. THE “license” was a limiting document. ArRC could not for instance: reach out to the other agencies and work against private other commerce and rights of the residents. AARARAC could not lawfully or legally interfere in DOT executing their priorities or duties for the people with rights to protect property and exercise their absolute liberty within the settlements if Alaska. Things have changed but ALL power resets within not without Alaskan people’s consent. WE do not consent to any man made creation in conflict with the US Constitution securing our rights even within the settlements if Alaska in the winter.
Hi Reggie,
Perhaps you’d like to bring some clarity to the argument by addressing the elephant in room?
First, thanks for pointing out that both the Palmer Agricultural Project and Ft Rich lands had to be purchased from the 1862 Homestead Act Alaskan Homesteaders. This would otherwise be known as due compensation for a legal taking under the law and constitution.
The elephant in the room is the significant number of modern day Homestead Act of 1862 Homestead heirs and successors. They are found all along the 500+ miles of Alaska’s railbelt. Answer me this please. If you were a homesteader back in the 50s, would you have invested all of your life, your money, and sweat equity into a Homestead property which, according to the RR, you didn’t hold any legal surety of access to? To clarify, today there are many Alaskan homesteads where the tracks bisect the property. Alaskan property owners have to cross the tracks to access their home or business. That’s truth. Do you think the patent, supreme title to land, which fully conveyed and vested away from the US and to the Homesteader all right, title, and interest to the lands as legally described in the patent… do you think that unwritten in this homestead patent and implied was that the AK RR maintained the surety of access across the tracks of the homestead? If the homesteader wanted continued lawful access to his or her home or business, then the home or business must be constructed only on the non right of way side of the tracks? To further clarify, today, there are still many Alaskan homesteads bisected by the tracks with homes and businesses on both sides. Settled common law along with droves of intent by Congress and the Homestead Act of 1862 always insured the Homesteader unimpeded access across his private property, including the private property which includes the dirt under the tracks to cross the ROW and access the full Homestead. To be perfectly clear, none of this conversation has any relevance to the shared safety concerns of the homesteader and railroad in terms of the landowners responsibility to insure non interference with the RRs legal right to safely run the train.
So today Reggie if you’re a Homesteader in Moose Pass or Nancy Lake or Montana Creek to name a few, who have to cross the tracks to access their home or business or property in general, you’re just now discovering that in 2006, a new 2nd federal patent was granted to the RR and recorded over your long ago patented property. Within this patent is word for word language completely redefining “Exclusive Use” as had been hashed out in the courts over the past 150 years. “Concocted for ARTA” to be more precise. This language completely reconstructed the legal nature of the right of way in Alaska. For some, it completely removed the legal right of the modern day homesteader to cross the tracks and go home. This language, which is now found in 40+ new unlawful patents which extend along all of the rail belt homestead lands, says that the AK RR easement holder, can fence off the entire 200’ ROW at any time for any reason whatsoever. This is the simple truth Reggie and the elephant in the room. This is also the #1 reason that our nations largest private property rights advocate, Pacific Legal Foundation (PLF), has taken on the Flying Crown case, which now is petitioning SCOTUS after the 9th circuit’s bizarre inability to uphold the constitution. ALL of this action via ARTA which removed the most valuable property right, the right of surety of access, from hundreds and hundreds of Alaskan property owners, was crafted and executed 100% behind the backs of Alaskans. I’m wondering if Alaskan homesteader congressman Don Young and Senator Ted Stevens planned on passing legislation which, if made public, would have resulted in an immediate army of Alaskans running them off with pitch forks? What do you think?
I don’t believe Mr Gimarc is intending to mislead folks. Quite the contrary. Mr Gimarc is the first journalist to have the integrity and fortitude to do his homework and then walk right up and poke the bear right in the eye. After being drug through the mud on this issue by the ARRC for many years now it’s refreshing to have someone speak the truth. If you take offense to anything that I’ve said Reggie please don’t take it personally. Please just ask questions and further educate yourself to the many simple truths which surround this issue. This issue is not partisan and is far too important for Alaska and Alaskans to not get it right, especially now that Alaskans along the rail belt are finally waking up to the constitutional crimes committed against them.
Jack
“……….Answer me this please. If you were a homesteader back in the 50s, would you have invested all of your life, your money, and sweat equity into a Homestead property which, according to the RR, you didn’t hold any legal surety of access to?………”
Absolutely not. That is just one of the many reasons why I never purchased land near the railroad right-of-way, despite the fact that so many did for so many years. Whistle stops were often the only easy access, and it was policy even after state transfer in areas where other modes of transportation were difficult to impossible. The Susitna River drainage between Talkeetna and Hurricane is the obvious example, where the state also held land disposals in a few subdivisions adjacent to the right-of-way. People traveled in and out by train. But it was a money loser, interfering with the timetable around the profitable Big Money tourism industry based upon cruise ships, major lodges, and the park. The railroad has pretty much ended service to those “neighborhoods”, despite suits focused on continuing service. Moreover, don’t get caught traveling those tracks by atv, snogo, walking, etc. The railroad has the power of Federal Railroad Administration regulations to back up their positions in addition to economic reality. Those folks are hiring helicopters now.
At-grade crossings aren’t happening anymore on Class 4 tracks, either. No way, no how. It’s separated grade, maybe, or it ain’t happening. The feds are pressuring the state to replace at-grade crossings on the Parks Hwy with separated grade crossings ASAP. The FRA will fight that to death, and they’ll win every time, at least in Alaska. The downtown Wasilla ARR/Knik Rd./Parks Hwy mess is HUGE focus on that front.
Political pressure at the state level, since folks seem to think that the state transfer gave them the power to behave as Alaskans love to do, isn’t going to work. But you’re free to demonstrate otherwise. I’ll watch.
I had conversations with Senator Gravel many years ago about the ARR while it was still federal. He stuck his toe in that water, and he found sharks. Immediately. I learned fast.
I left an informed, persuasive comment which provides the only answer to be considered. You were mistaken and without courage to remove it.
Didn’t see it. Probably didn’t actually get here. – sd
On that note, Suzanne, I have noticed that several comments that I made recently, that could not in any way have been considered confrontational, uncivil or obscene, were never posted as well. And at least a couple of other MRAK posters have made posts indicating that they had noticed the same thing happening to some of their own comments in the last couple of weeks as well. I wonder if there could be some kind of glitch in the system?
Exactly that, helped me to lose interest in attempting to participate here. I understand some may consider that a blessing. If so, I am glad I could help.
The Alaska Railroad was built under a federal license which commanded the rail ROAD bed be a “permeable public right of way not a private parcel”. They were reminded of this in English by the Bureau of Land Management Administrative Judges in an IBLA. I’m assuming the six lawyers in their executive offices understand English. also they were granted fee simple title for the sheds, maintenance equipment and business offices. The anti-trust federal regulations breaking up the unconstitutional bad businesslike monopolies were not to be reestablished ever again and they were not tenures not withstanding. tidelands delivered to the living people to go upon forever also eroded mythological resurrection of railroad monopolist delimited land grab tendencies in the new state.
Seems like these C-Suites (ie: Public and Private) are becoming more-n-more infected with a high dose of narcissism, just like our modern day Politicians, drunk on “personal” … power – prestige – prominence – prosperity.
ARTA was imperfectly and incompletely executed. The BLM did not provide as commanded by ARTA the private property details to the ARRC. This was an omitted detail. It is not too late for BLM to specifically confirm this piece to the recalcitrant private railroad corporation. It would be remiss to give a false impression to the lawyers at ARRC and the wandering, dreamy eyed recreationists that private land with separated bundles of rights were scattered willy nilly throughout South Central Alaska by the professional conveyance work in the concurrent Public Land Orders if the perfectly legal work of federal to private ownership via the perfectly legal in Federal Homestead not to be confused with similar but very different state land (without mineral rights) land conveyances ostensibly accommodating anticipated adequate land base strategies with which generations of Alaskans could accomplish to personal effort through various strategies a viable sustained economy which we see has become a pitiful public policy dried up as well.
This is just the start of big government land grabs The WEF is rolling out this new all US land grab on 18 due to Biden administration and goon’s ‘https://americanstewards.us/natural-asset-companies/
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I believe it is a treasonous to grant access to foreign powers and agencies and is so expressly stated in founding documents and early nation building documents by learned international lawyer who complied with British and American common law. it specifically said it was treason of us to cause the liberty assets of America’s future progeny to fall into the hands of foreign offshore government. it is strictly for hidden. No one is at leisure to create such unenforceable contracts then or now. Can’t lawfully do it. Such contracts would be unenforceable such as selling the Golden Gate Bridge. Ignorance of the law is no excuse for these actors. They are liable. The military have oaths and “are bound” by their oaths to secure and defend this nation and the the US Constitution yesterday, today and tomorrow.
For sure the behavior of state created businesses cannot beg federal participating funds while unconstitutionally pauperizing by lawfare their private property neighbors. ARTA changed things. New easements with private property owners having the dominant tenement can be negotiated with the private railroad corporation installing the accesses to state of Alaska and municipality ratified internationally engineered and defined safety standards for local utility and safety equipment to rolling on vehicles with turn around radius to FHWA standards incorporated and AMATS local priorities. The position of the ARRC is not the APEX predator but just another participant complying with municipal and state preferred ratified regulations. The ARRC is accustomed to Commander in Chief status with all others in a room. This is legally inappropriate. again I cannot see my sentence structure of r retrace to to proofread. I apologize.
Wow another big government land grab like the Natural Asset Companies rolling out on the 18th push by the WEF and Biden ‘https://americanstewards.us/natural-asset-companies/
I’m happy to hear that the railroad is being challenged on the ROW/easement issues, they should receive pushback on this.
The original document recommending the acceptance of the Railroad from the Federal government also conditions that the railroad should immediately establish future corridors, five, I think. And acquire the ROW, as I remember to Nome, southwestern Alaska, lower Kenai peninsula and a tie in to the continental railroad lines, etc., The AK RR never followed through these right a ways, easements and now almost unobtainable.
There are cases where the railroad pays negotiated payments paid by the railroad in Alaska annually though not made public by media in AK.
The state of Alaska has an agreement to train all right of way agents in proper, US Constitutional practices. perhaps such employee knowledges are not at an organization level in the private hierarchy. Also such knowledges are trapped below the directors’s training levels so they cannot apply these practices at their social gatherings. They have very pleasant social gatherings at board meetings birthdays and all.
Why is the opening lawsuit $100K?
Any good Pro Se Plaintiff could do it for pennies on that dollar. Make your case.
Waiting for a comment from John Pletcher….
PLF has taken on this lawsuit full pro bono to the SCOTUS if necessary. Confidence is increasing that as more and more rail belt Alaskans discover the constitutional fraud perpetrated against them, that the state of Alaska will step up and legislatively clean up its own giant ROW mess instead of relying on Pacific Legal Foundation to do it for them.
‘https://pacificlegal.org/case/ak-railroad-property-rights-easements/
Fraud in non-heathen civil societies (tends to) vitiates everything from inception. The men to do this is mandated to be in compliance with the US Constitution ate Alaska’s Secretary of State and the settlers’ Sheriff’s. A review the State of Alaska’s organizational structure omitted these mandated, structural support and defenders for the rights of the Alaskan residents were purposefully omitted from equal footing expectations among states league of friendly, perfected union as advertised and certified for over fifty (fifty) years of alleged statehood and receipts of somewhat generous federal participating dollars of the realm. When might these glaring omissions that creat grave consequences outside even this context (for instance when CAN Alaska’s participation in federal elections not create a notable exception when allegedly certifying electors lawfully. When may we cry out in the wilderness regarding these (and other) detestable things and have redress and lawful corrections of the incomplete structure of the friendly “state”, itself?
Another government entity, running, amok, take an advantage of the poor little person, and using their financial clout to overrule anybody.
When the railroad was transferred to the state beginning in 1983 the U.S. Railway Association (USRA) supervised an appraisal. A lady from the organization presented a paper to the Transportation Research Forum in the fall of 1984, even before the payment was made in 1985. She said this about “public corporations”, and the railroad specifically. ““There is often a tendency for public corporations to take on a life of their own. They have their own funding and their own constituency and they build a political base. Legislatures frequently do not have access to information necessary to oversee them effectively and the Governor’s influence is limited to appointments. While this may happen in Alaska, it is unlikely.” Susan C. Mitchell, “ Beyond Deregulation: Let Freedom Ring!” Transportation Research Forum Vol. XXV, Number 1, (Oct 22-24, 1984), 394, available at ‘https://ageconsearch.umn.edu/record/311705/?ln=en
The description preceding the conclusion is accurate. But the conclusion is wrong
That is a very cogent comment, John. Thank you for it.
👍👍👍
“……..There is often a tendency for public corporations to take on a life of their own……..”
Corporations, public ir private, ARE legal entities, like a living, breathing life form. One should expect them to behave as such.
Just wait until the Anchorage International Airport is turned into a similar type of corporation. It’s being worked on right now and is headed back to the legislature this session to get approval.
ARTA has consequential to payable remedy to claimants along the right of way. The right of way you may be trying to apply for your young children and homeless drug addicts as well who love the great out of doors with all of their hearts in bear country would possibly be contained with in federal RS 2477s. THE CORPORATE STATE OF ALASKA PURPOSELY REFUSED TO CLAIM THAT FOR The waltzing public walkers. The legal window for doing this came and went and the karens in juneau admired each others raiment in lieu of of slapping these down. The enabling legislation consented to by American private people has sunset without your young children, the pasty newcomers and wandering drug addicts waltzing together along property boundaries setting inaccessible fires has has passed by. rights of
Rights of way indeed.
My grandparents Otto Nelson colony family owned a tract of land that had the old railroad going right through it. Was never a problem unless the cows went strolling down the track. But my uncle Wild Bill Nelson would just chase them back into the field with his airplane or some old farm equipment. But back then the train only went my running speed and would stop and pick anyone up waiting by the tracks. My other grandfather Walking Swazey use to walk the tracks from Seward to Fairbanks socializing with everyone and pronouncing the big words he learned at Harvard in Greek and English with the correct spelling. Only problem he ever had were with bears. The old timer Ben Morino who built the cabin I live in help build the railroad in the first year of construction and on. He had worked on the Panama Canal with MK the company that built the railroad and I also worked for a lot later.
My first trip on the old railroad was to Fairbanks from Wasilla Depot to see my sister at the University of Fairbanks. I was 12 years old.
Things have certainly changed to the weaponization of trains
No more walking down the track to go fishing and pick raspberries. Even the raspberries are weaponized now. Fish probably too.
Ben Morino would be derailed mad about this my grandfather also. Grandpa built most of the remote airfields for the CAA now FAA. Including Cold Bay facility, Wales facility, and Nebesna facility airports. Still in use. He said he would never been able to pull it off it not for Jack Jefford’s pilot skills with a DC3
Non of these airfields have a train track to them. Isn’t that unbelievable at this date.
But anyway I just giving you some history of some Alaskan’s experience with the tracks.
Some good comments have been made. See http://www.railroadedalaska.com and especially ‘https://www.railroadedalaska.com/info-archive which is the “documents”page. and the ‘report” page. please read and lets continue the discussion.
Agree. Thank you, Mr. Pletcher for keeping on top of this and apprising Alaskans of the devious work of the ARRC board members.
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