Ahtna, Inc. v. State of Alaska, Department of Natural Resources and Department of Transportation & Public Facilities

ERA XI — Present-Day Friction
Court Case
2022

ANCSA retroactively extinguished aboriginal land title when there had been a conveyance prior to ANCSA. So, prior aboriginal ownership of land did not prevent the State of Alaska from acquiring a right of way under R.S. 2477 over �public land.� R.S. 2477 right of aways are limited to �highway purposes,� which is broader than mere ingress and egress but does require a connection to facilitating highway transportation.

What Happened

Appeal from the Superior Court of the State of Alaska, Third Judicial District, Anchorage, Andrew Guidi, Judge.

Appearances: Matthew Singer and Peter A. Scully, Holland & Knight LLP, Anchorage, for Appellant/Cross-Appellee. Jessica M. Alloway, and Max D. Garner, Assistant Attorneys General, Anchorage, and Kevin G. Clarkson, Attorney General, Juneau for Appellees/Cross-Appellants.

Before: Bolger, Chief Justice, Winfree, Maassen, and Carney, Justices. [Borghesan, Justice, not participating.]

Why It Matters Today

Adds precedent that influences how ANCSA corporations, regulators, and shareholders interpret governance rights and remedies.

Related Patterns

Pattern 7: Cultural Expectations vs. Corporate Law

Related Governance Themes

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Sources

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