Legislature(2013 - 2014)
2014-09-19 House Journal
Full Journal pdf2014-09-19 House Journal Page 2916 HB 246 The following letter was dated August 18, 2014, and received August 22, 2014, at 9:45 a.m.: "Dear Speaker Chenault: Due to errors in the legislation that could impair or burden Alaskans' property rights, and under the authority vested in me by Article II, Section 15 of the Alaska Constitution, I have vetoed the following bill: HOUSE BILL NO. 246 am S "An Act adding additional land and water to the Creamer's Field Migratory Waterfowl Refuge; designating the House of Wickersham as the official residence of the lieutenant governor and making the House of Wickersham available for other uses; and relating to per diem claims by the lieutenant governor that are related to the location of the official residence of the lieutenant governor." House Bill 246 originally proposed to incorporate four parcels of State-owned land adjacent to Creamer's Field Migratory Waterfowl to the refuge. Although these parcels have been managed as part of the multi-use refuge for years, legislative action was needed to clarify the management authority of the Alaska Department of Fish and Game. Unfortunately, after the bill passed, errors were discovered in the legal descriptions of all four parcels. The most troubling is in proposed AS 16.20.039(a)(4), where the property description in the bill refers to "Range 1 East." The Department of Law, after consulting with affected agencies, informs me it should read "Range 1 West," and that the "Range 1 East" land as described in the bill includes private and State property not adjacent to the refuge. Although the Department of Law advises that title to the private property inadvertently described likely will not be clouded since the bill only covers "State-owned land and water," the Department cannot guarantee that outcome. In my view, it would be unjust for a private property owner to awaken, open the newspaper, and discover that his or her property has just been legally described as refuge lands without notice or hearing, due to a mistake. 2014-09-19 House Journal Page 2917 Additionally, that refuge designation or potential burden on the property could show up in a title report should that landowner want to sell their property. Such an outcome only chills private property rights, something no legislator nor I intended with this legislation. I strongly believe that Alaskans should not bear the risk, no matter how small, of any possible title or use encumbrance on their property caused by the incorrect description in the bill. There are two additional areas of concern. The first and most important relates to maintaining access to lands. The legislation contains an exception appearing in AS 16.20.039(a)(7) that should be in AS 16.20.039(a)(6). The exception refers to State land excepted from the refuge as part of a right-of-way. Although the Department of Law advises that this is unlikely to cause actual issues with the right- of-way use, it needs to be corrected to avoid any possible access issues. Last, according to the Department of Law, some extraneous text exists in proposed AS 16.20.039(a)(5)(A). While I agree with the bill's intended purpose of consolidating management of the refuge, I am vetoing this legislation due to the erroneous legal descriptions that can only be corrected by future legislation. The preferable approach is to have accurate legal descriptions to avoid any questions about what State-owned land and water is to be included in the Creamer's Field Migratory Waterfowl Refuge. My Administration would welcome the opportunity to work with the sponsor of HB 246 during the next legislative session to pass legislation that can address this issue in a way that will protect the rights of private property owners - an utmost concern of myself and our Administration. Sincerely, /s/ Sean Parnell Governor"