Thursday, July 22, 2010

continuation of pluralistic misuse of power

In response to the brushing off of public versus state issues. This is no doubt a state issue and continues to be neglected. Some examples for an easier understanding:
1. You must pay to visit chena lakes recreation area. To get around paying you can go to a close neighborhood and walk through someones privately owned law as well as park on thier property. This is a constant issue of private property and will not be enforced by either state or local police because of the "right of way" law. Meanwhile the owner of the property has posted signs and built fences but they continue to be torn down. So much for having a nice house on a lake!
2. One of the few remaining privately owned farms in the Matanuska valley in Palmer, AK that was built by pioneers and still makes money with no "farm aid" or other federal/state grants is being forced into a "right of way" passage. A 500 acre vegetable farm is being cut into thirds with no compensation to the owner in order to allow private contractors to have a road built to access new land to build on (eqestrian acres subdivision) . By doing this farming will not be able to continue and the private airstrips will not be able to be used. These airstrips are used for the owner to fly the State Fish & Game out for animal surveys (they also do not want to lose this airstrip). Basically the family income is destroyed by the state right of way law with no compensation. The local government claims it is a state issue because of the right of way laws, the State government said is a local issue since its private property. Notice the legal statement linked below: Some rights-of-way will likely be improved for access to valuable state resources, communities, and land.
Although this is not state land it will improve the community by allowing increased economical progression. Of course at the cost of a successful farm.

The first link is a good factsheet. The second is a legal study provided by an outside organization (Duke Law). The third is an interesting read. Notice the question I posted and see if you can google fu it!

http://dnr.alaska.gov/mlw/factsht/rs2477.pdf
What are the rules for using R.S. 2477 rights-of-way?
Some rights-of-way will likely be improved for access to valuable state resources, communities, and land.


Misuse of right of way laws in Alaska.
http://www.law.duke.edu/shell/cite.pl?19+Alaska+L.+Rev.+433


Alaska ownership of water law. Can anyone tell me where in Alaska is the only salmon spawning river that is owned by one private owner?
http://www.blm.gov/nstc/WaterLaws/alaska.html

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