[{"_1":2,"_88":-5,"_89":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6093326,"mediaKeyId","2848075-92f850cff6dd540758cbe8f1234c2c07","parentId",2848075,"title","Representative Kopp introduces bill to limit railroad \"exclusive use\" claims; homeowners, railroad and legal experts testify","audioSeconds",5788,"startMs",5796000,"endMs",7118,"viewUrl","/Search/View?dp=1&key=2848075-92f850cff6dd540758cbe8f1234c2c07&start=5796&end=7","thumbnailUrl","https://assets.pipeline.soar.com/2848075-92f850cff6dd540758cbe8f1234c2c07/thumbnail_5796000.jpg","articleUrl","/articles/6093326/Alaska/Representative-Kopp-introduces-bill-to-limit-railroad-exclusive-use-claims-homeowners-railroad-and-legal-experts-testify","mediaUrl","https://secure.pipeline.soar.com/6093326-39dcc7134f5f30b683e1b4530df9acd9/orig.mp4?Expires=1770942973&Signature=jTlkV1D09ep047drYANOkvQUxX0qWtsKuSMd2hCqG8aPHT8vueiv~wgojpKXfs-8c24GjvJu1IYBsyC~o6pw8pHpKopK6kSCHXOUIRbhmkpyXwqaht1aAvxpdkwnoWxRp4MHTv2ilS6vm21MDQt6uerJ99F28W0UNnkwNiKicFV7Tpece3AqJKBs0XKJ-eggDRn-Ilx-WnLKt8nE9kFW-mPoVIKMvZkNjKPtu6GBQxwwQsKmlpuW86V9sGnmb5zrRLsSHBZ6ZMTOhF2zO2-e37jRVpXMqSEr742oyFfJ02hYIlcn6WFktit-ib05v~oK30EjnyA7htJ1h-egcSKwaA__&Key-Pair-Id=KUT5TJCACFTXG","author","Alaska State Legislature","date","2025-04-01T00:00:00Z","article","Representative Chuck Kopp introduced House Bill 136 on April 1 to clarify how the Alaska Railroad Corporation manages the railroad right of way where it crosses privately held homestead patents.

Kopp said the measure would affirm the state’s right to set policy and would preserve non-interfering uses by underlying landowners where an easement crosses private property. “This bill simply affirms the state's right to manage the Alaska right of way as a nonexclusive easement when it crosses these homestead patent lands,” Kopp told the committee.

The hour-plus presentation reviewed federal and state legal history cited by the sponsor — the 1875 General Railroad Right of Way Act, the 1914 Alaska Railroad Act, the Alaska Railroad Transfer Act (ARDA) of 1982 and subsequent court decisions including Marvin Brandt Revocable Trust and Alaska Supreme Court decisions — and culminated in the recent dispute decided in the Ninth Circuit involving the Alaska Railroad Corporation and the Flying Crown Homeowners Association. Kopp argued the Ninth Circuit decision reading an “exclusive use” easement across large portions of the right of way created harms when applied to homestead-patented lands.

Alaska Railroad officials defended their actions and explained why the railroad pursued a quiet-title suit. Bill O’Leary, president and CEO of the Alaska Railroad, said the quiet-title action “was not something that was taken lightly” but was sought after “a series of events” and competing claims that the railroad’s board believed needed judicial clarity; he added the railroad paid legal fees for the homeowners association to mitigate impacts. Megan Clements, director of external affairs for the Alaska Railroad, pointed committee members to the district court and Ninth Circuit opinions for the legal reasoning behind the railroad’s claim of an exclusive-use easement in the disputed segments.

Property owners and invited witnesses described practical effects they said resulted from railroad permitting and fee practices. Joe Mathias, whose family holds a homestead patent, told the committee his family has been charged permit fees to maintain a private crossing and an underground electric line and estimated the family paid about $20,000 over the last 10 years for crossing and permit-related charges. Mathias described $500 annual fees per permit and recurring five-year contract renewals with administrative costs. John Fletcher, a South Anchorage property owner and chair of a local railroad committee, recounted past railroad letters threatening liens and described the residential-right-of-way program and its permit requirements as burdensome.

Legal and policy testimony offered differing views on remedies. Ivan London, a senior attorney with Mountain States Legal Foundation, said the legislature can regulate the Alaska Railroad Corporation and that HB 136 “does not” undermine the Ninth Circuit decision. He said the bill addresses corporate conduct rather than altering private property rights.

Sponsor staff summarized the bill’s statutory changes: Section 3 would create a new AS 42.44.15 clarifying that the Alaska Railroad Corporation “shall allow an owner of real property subject to an easement in favor of the corporation to use their property” where such use does not unreasonably interfere with the easement’s purpose. Sections 1 and 2 would make the corporation’s authority to lease or grant easements subject to that new section.

The committee conducted invited testimony and questions; no formal vote was taken and HB 136 remains at its first hearing. Members asked the railroad about ownership (the state of Alaska owns the Alaska Railroad) and about why the railroad pursued litigation; O’Leary said the suit sought clarity after a long-running dispute.

Why it matters: Sponsor testimony and homeowner accounts framed the bill as an effort to prevent private-property owners from losing safe, non-interfering use of land their patents grant, or from being charged recurring fees to cross or use that land. The railroad argued the litigation was intended to establish clear title and operating rights where multiple ownership claims overlapped. The committee did not take final action; the measure will continue through the legislative process.","mediaType","Video","parentTitle","04/01/2025 01:00 PM House TRANSPORTATION","oneSentenceSummary","Representative Chuck Kopp introduced House Bill 136 to clarify management of the Alaska Railroad right of way where it crosses private homestead patents, citing concerns that courts or railroad practice could permit exclusionary or monetizing uses of easements.","taxTitle","2025 Legislature Alaska, Alaska","taxId",78559,"location","Alaska","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6093331,"House committee hears wide-ranging public testimony supporting statewide public and community transit plan",1668,4168000,5836000,"/Search/View?dp=1&key=2848075-92f850cff6dd540758cbe8f1234c2c07&start=4168&end=5836","https://assets.pipeline.soar.com/2848075-92f850cff6dd540758cbe8f1234c2c07/thumbnail_4168000.jpg","/articles/6093331/Alaska/House-committee-hears-wide-ranging-public-testimony-supporting-statewide-public-and-community-transit-plan","https://secure.pipeline.soar.com/6093331-4fa6fd4a3b861eab17702d65a938cdd7/orig.mp4?Expires=1770942973&Signature=WNyu6R4spxGLyj7RkzMcJXwsZI4ADo2fNaai7ZnYmO45K7MKPpLOcGwznMlJQGyJqmbyTV9xAKYv4jFQjzMWWmZFr7rgI1pFJFWanJjcoU8swuPjD-Ha4A7vuDYFTrp4W1PDxjfBUjXwEF88SSNuq7nws9uOtyZRuhM9AziwSschcJDoi8i94cIgFETW3U8ps6eIV4joYLb~VwDjMmLx6KjYLR3DtnfFb49b3KxHzm-i7P3lHKNO9M8w38ov51VQKFJuFjwVJCSwuJMGthMKxGz7IMz~Y5tI2ckSg9cMJCQo5tnvuQq7Glph55o~Q2Z1fMrSlEEFklLojukgyR0~TA__&Key-Pair-Id=KUT5TJCACFTXG","The House Transportation Committee on April 1 opened public testimony on House Bill 26, a measure from Rep. Genevieve Mina to require the Department of Transportation and Public Facilities to lead a statewide public and community transit planning process.

The bill would expand the department’s responsibilities to make transit planning “more than just transportation for people who drive,” Rep. Genevieve Mina, sponsor and representative for House District 19, said in a brief reintroduction before testimony.

Supporters told the committee the bill would address gaps in rural and community transit, accessibility for people with disabilities, and options for residents without cars. Bridger Reid Lewis, a disability advocate and board member of the Alaska Mobility Coalition, urged amendments to expand rides for people on food assistance and proposed making basic transit free. “I believe that getting around should be a right,” Lewis said. Michelle Giro, executive director of Hope Community Resources and chair of the Key Coalition of Alaska, said, “Alaskans with disabilities face really unique challenges… but transportation is often at the top of the leaderboard.”

Testimony highlighted distinct geographic issues. Britney Robbins, a civic engagement coordinator and borough assembly member from a remote southeastern island, said islands lack frequent ferry service and other shared options that once helped school travel and lowered district costs. “The only option is to fly, and that is private,” Robbins said, recounting costly travel that can force residents to leave home to get medical care. Jason Norris, testifying from Anchorage, tied the bill to pedestrian safety and urged planners to prioritize people who walk, bike and use transit.

Other speakers described local benefits of community transit. Jared Hope, government relations director for the Sitka Tribe of Alaska, said tribal and community transit programs have struggled to “get a seat at the table” within the department and that tribal stakeholders have long supported including community transit in statute. Cynthia Long, a lifelong public-transit user from the Kenai Peninsula, said local transportation services had helped prevent isolation after her husband lost his ability to drive.

Committee procedure: public testimony opened at about 1:08 p.m. and was limited to three minutes per speaker; the committee closed public testimony at about 1:22 p.m. Co-chairs set an amendment deadline for House Bill 26 of Monday, April 7 at 5:00 p.m.

The committee did not take a vote on HB 26 during the April 1 meeting. The bill will return to the committee for amendment consideration before further action.

Why it matters: Supporters said a state-led planning process would coordinate urban, rural and tribal needs and improve access for seniors, youth and people with disabilities. The bill would formalize a statewide role for the Department of Transportation and Public Facilities in public and community transit planning and aims to direct future investments and coordination across jurisdictions.

The committee’s next scheduled meeting is April 3; representatives noted the MPO (metropolitan planning organization) boundary and formation discussion scheduled that day could bear on implementation questions for the statewide plan.","The House Transportation Committee on April 1 opened public testimony on House Bill 26, a measure from Rep. Genevieve Mina to require the Department of Transportation and Public Facilities to lead a statewide public and community transit planning process.","actionData","errors"]

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Representative Kopp introduces bill to limit railroad "exclusive use" claims; homeowners, railroad and legal experts testify

House committee hears wide-ranging public testimony supporting statewide public and community transit plan