State of Alaska, Department of Natural Resources, Appellant and Cross-Appellee v. Alaska Riverways, Inc., And…

Summary

The court held that Alaska's constitutional and statutory framework authorizes the Department of Natural Resources to require a commercial riparian owner to lease state-owned shoreland used exclusively for wharfing, notwithstanding the qualified common-law right to wharf out. The court rejected the owner's takings, retroactivity, and equal-protection challenges, but held that federal law prohibits calculating the lease charge by passenger count because that charge is not a fair approximation of the benefit conferred or costs incurred. The superior court's decision was reversed, and the passenger-based portion of the lease fee was vacated while the $1,000 annual fee remained in place.