Alaska Supreme Court
Ahtna, Inc. v. State of Alaska, Department of Transportation & Public Facilities, State of Alaska, Department of…
September 16, 2022520 P.3d 131
Summary
The court affirmed the denial of summary judgment rejecting Ahtna’s argument that preexisting aboriginal title prevented creation of the State’s RS 2477 right of way, holding that ANCSA retroactively validated the conveyance even assuming Ahtna held aboriginal title. The court vacated the ruling that the right of way was limited as a matter of law to ingress and egress because RS 2477 highway purposes are broader than mere travel but narrower than all activities the State proposed. The scope of particular projects must be determined on remand through fact finding and balancing of the parties’ interests.