PLO Case Study # 1 S.O. 2665 and Small Tract Lots A Patchwork Quilt - - PDF document
Public Land Orders Access Law and Issues Affecting Public and Private Lands In Alaska February 26, 2016 PLO Case Study # 1 S.O. 2665 and Small Tract Lots A Patchwork Quilt of Interests - An Existing Right-of-Way Based on Multiple
Access Law and Issues Affecting Public and Private Lands In Alaska February 26, 2016
February 26, 2016
“A Patchwork Quilt of Interests” - An Existing Right-of-Way Based on Multiple Authorities.
S.O. 2665 and BLM Small Tracts
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Survey Approved April 13, 1953
Patent No. 1154350 ~ September 16, 1955
Rights Vested as of Date Application Received
Survey Approved April 13, 1953
Private Plot Plan shows 33’ ROW on South Boundary
Schematic Map indicates 50-foot wide ROW Along Davis Road
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Davis & Alston Roads Identified As Part of ARC System
ARC System Inventory Lists Davis Road as a Part of Route
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“Farm Road” Section 17, T.1S., R.1W., F.M.
Keener owned a lot on the South side of Davis Road opposite subject lot. Superior Court decision noted a variety of cross- referenced ARC documents concluding that S.O. 2665 “Staking”
Road Petition Associates “Priority 6” with Section 17, T.1S, R.1W.
Title Conveyed to State of Alaska on June 30, 1959
Above: Route 661 runs south from the University Ave./Airport Road Intersection, then along University Ave. to the Davis Intersection, then east along Davis Road for 1 mile to Peger Road. Below: Route 5621 “Davis Road is in Wasilla, not Fairbanks!!! Omnibus QCD Descriptions are
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Why it is good to know what you own and where your boundaries are before you build!
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DOT&PF Vacates Old Glenn Highway ROW to DNR to Allow Preference Rights Disposals
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Highway Right-of-Way Widths That Change Over Time…
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In 1993, owner of G.L. 43 questioned status of the ROW adjoining his property. Is the ROW 100’ or 150’ from the highway centerline?
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Plat creates 10 acre tracts straddling the Glenn Highway
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In anticipation of PLO 601…
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Gov’t Lots replatted to include highway lots…
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Title Conveyed to State of Alaska on June 30, 1959
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Subject to PLO 1613 Highway Easement
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“Subject to the Glenn Highway Right-of-Way, 150 Feet south of and Parallel to the Centerline, and Such Additional Easements as Provided by Public Land Order 1613.”
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Glenn ROW fronting G.L. 43 returns to its initial configuration of 100-feet from centerline.
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Replat of G.L. 43 reflects vacation of outer 50-feet of PLO 1613 highway easement.
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G.L. 41 & Lots to East Patented under Small Tract Act With 33-foot ROW Reservations
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Q: If Small Tract Applications had been filed before PLO 616 revoked the PLO 46 Classification Withdrawal, would they have been subject to the PLO 601 widening of the Glenn Highway right-of-way? A: Yes - first, the Small Tract entry would not have been available until revocation of the PLO 46 withdrawal upon which time PLO 601 would have taken effect. Second, the 1978 “Green” Supreme Court case said: “We already have concluded that the Small Tract Act and Small Tract Classification…did not segregate all small tracts from the operation of other discretionary right-of-way reservations.”
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“A Patchwork Quilt of Interests” - An Existing Right-of-Way Based on Multiple Authorities.
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