Ahtna, Inc., Appellant v. State of Alaska, Department of Transportation & Public Facilities, Appellee

Summary

The court affirmed summary judgment for the State, holding that the material-site right-of-way was a perpetual easement that could not be canceled for nonuse or abandonment without the State's consent. The court held that the Federal-Aid Highway Act supplied the controlling termination procedure and displaced regulatory provisions that otherwise might permit cancellation for nonuse. The court also assumed, without deciding, that the BLM waiver transferred administrative authority to Ahtna, but concluded that such authority did not include unilateral cancellation power.