Legislature(2017 - 2018)GRUENBERG 120

02/27/2018 03:15 PM House STATE AFFAIRS

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03:17:50 PM Start
03:19:50 PM Confirmation Hearing(s):
03:20:09 PM Lt. Governor Successor
03:37:08 PM HCR22
03:40:40 PM HJR38
04:20:50 PM HB184
05:25:06 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearing: Valerie Davidson, Lt. TELECONFERENCED
Governor Successor
*+ HCR 22 APRIL 2018:SEXUAL ASSAULT AWARENESS MONTH TELECONFERENCED
Heard & Held
*+ HJR 38 AK RAILROAD TRANSFER ACT; CONVEYANCES TELECONFERENCED
Heard & Held
+= HB 184 DISCRIMINATION: GENDER ID.;SEXUAL ORIENT. TELECONFERENCED
Heard & Held
-- Public Testimony --
*+ HJR 1 CONST. AM: REPEAL MARRIAGE SECTION TELECONFERENCED
Scheduled but Not Heard
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
             HJR 38-AK RAILROAD TRANSFER ACT; CONVEYANCES                                                                   
                                                                                                                              
3:40:40 PM                                                                                                                    
                                                                                                                                
CHAIR  KREISS-TOMKINS  announced  that  the next  order  of  business                                                           
would  be  HOUSE  JOINT  RESOLUTION   NO. 38,  Relating   to  certain                                                           
conveyances  to the  Alaska  Railroad Corporation   under the  Alaska                                                           
Railroad Transfer Act of 1982.                                                                                                  
                                                                                                                                
3:41:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   CHUCK  KOPP, Alaska   State  Legislature,  as  prime                                                           
sponsor  of HJR 38,  relayed that  he has been  working on the  issue                                                           
addressed  by HJR  38  with many  Alaskan  residents,  from south  of                                                           
the Denali  Borough  down through  the Matanuska-Susitna  ("Mat-Su")                                                            
Valley  into  Palmer,  Anchorage,  and  Seward.   The  issue  impacts                                                           
thousands   of   Alaskans.      He   referred   to   his  PowerPoint                                                            
presentation,  entitled   "HJR  - Restoring   Property  Rights,"  and                                                           
pointed  out  the  quote  by John  Locke  on  slide  1,  which  read:                                                           
"Government has no other end, but the preservation of property."                                                                
                                                                                                                                
REPRESENTATIVE   KOPP  turned  to  slide  2,  entitled   "What's  the                                                           
Harm?"  and relayed  that the  harm that  is being  addressed by  HJR
38  is that  there  was  a property  interest  that  was  taken  from                                                           
landowners  along the  Alaska Railroad  (ARR) right-of-way  (ROW)  in                                                           
a way  that circumvented  the  [U.S.  and Alaska]  Constitutions  and                                                           
due  process  in the  rule of  law.   Hundreds  of  landowners  along                                                           
the ARR  ROW now  have a cloud  on their  property  titles due  to an                                                           
unlawful  "exclusive-use  easement"  claim to  the entire  ROW.   The                                                           
exclusive-use   easement   claim  does  not   exist  for  any   other                                                           
railroad in America.                                                                                                            
                                                                                                                                
REPRESENTATIVE  KOPP  continued  by  saying that  in  1875,  Congress                                                           
announced  that the  U.S. government  would no  longer grant  general                                                           
land  grant railroads  [General  Railroad  Right-of-Way  Act of  1875                                                           
("1875  Act")].    Land  had  been  granted   to the  Union   Pacific                                                           
Railroad  (UPRR) to  incentivize its  east-west route;  that lead  to                                                           
huge  tracks  of  divided  land;  industry   and  farming  could  not                                                           
cross the  rail belt  without tariffs  and fees;  and it resulted  in                                                           
a great  deal of  corruption.   He relayed  that  beginning in  1875,                                                           
all railroads had surface easements only.                                                                                       
                                                                                                                                
REPRESENTATIVE  KOPP  relayed that  the Alaska  Railroad Corporation                                                            
(ARRC)  acted in violation  of AS  42.40.285 in  2005 and 2006,  when                                                           
it  approached  the Bureau  of  Land  Management  (BLM) in  the  U.S.                                                           
Department   of   the  Interior   (USDOI)   without   notifying   the                                                           
legislature   or  governor   of  Alaska  or   any  of  the   affected                                                           
landowners  along  the ROW  and obtained  an exclusive-use   easement                                                           
patent  on all  the Homestead  Act  [1862] ("homestead")  properties                                                            
along the ROW.                                                                                                                  
                                                                                                                                
REPRESENTATIVE   KOPP  referred   to  slide  5,  entitled   "A  Brief                                                           
History,"  and to  the continuation   on slide  6.   He reminded  the                                                           
committee  that the ARR  was formed  by an Act  of Congress in  1914;                                                           
between  1914 and  1982, there  were  hundreds of  homestead  patents                                                           
issued  by the federal  government  to private  landowners along  the                                                           
ARR  ROW;  during  that  time,  the  federal  government  completely                                                            
divested  itself of  all ownership  in that  land and  the land  went                                                           
into  private  hands.   He said  that  the only  land  that the  U.S.                                                           
government  reserved  for  itself  was a  ROW  - a  surface  easement                                                           
for  rail, telegraph,  and  telephone  - consistent  with  all  other                                                           
railroad easements in the country post 1875.                                                                                    
                                                                                                                                
3:45:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KOPP referred   to slide  7,  entitled  "What  is  a                                                           
standard  railroad  'easement'?"  and  explained  that  the  easement                                                           
is a  200-foot  easement  that extends  100 feet  on  either side  of                                                           
the track;  this  is a limited  surface  easement;  and according  to                                                           
the 1875  Act, this  was all railroads  were to  have from that  time                                                           
forward.   He directed  the  committee's  attention  to the  document                                                           
included  in the  committee  packet, entitled  "HJR  38 Overview  and                                                           
Backdrop,"  which  gives a historical  background.    He stated  that                                                           
today,  the limited interest  ROW  - or surface  easement -  provides                                                           
the  foundation  for 80  percent  of all  the  track mileage  in  the                                                           
nation.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  KOPP  relayed that  using principles  established  in                                                           
the  1875  Act,  the  Alaska  Railroad   Act  of 1914   ("1914  Act")                                                           
authorized  the creation  of ARR.   He said that  1982 was the  first                                                           
time  the easement  became  an  issue, and  the following  questions                                                            
were raised:   "What  does this easement  mean?"   "How exclusive  is                                                           
it?"   "Does the  railroad  actually have  a fee  simple interest  in                                                           
the land?"   He explained  that under  the Alaska  Statehood Act  [of                                                           
1958],  the state  selected  ROW lands;  ARRC  claimed  it owned  the                                                           
land;  the Interior  Board  of Land  Appeals  (IBLA)  ruled that  the                                                           
railroad  did not own  the land, but  a surface  easement only.   The                                                           
ruling  was  based  on a  U.S.  Supreme  Court case  in  1942,  Great                                                         
Northern  Railway Co.  v. U.S., in  which the court  declared  that a                                                         
railroad  only  has a  surface easement,  not  fee ownership  of  the                                                           
land;  that is,  it  does not  have  any outright  ownership  of  the                                                           
land.   The  ruling  was  confirmed  by  the U.S.  Supreme  Court  in                                                           
2014 [Brandt Revocable Trust v. U.S.].                                                                                        
                                                                                                                                
REPRESENTATIVE   KOPP  cited  the   2014  U.S.  Supreme  Court   Case                                                           
Brandt  Revocable Trust  v. U.S. ruling:   "The right  of way  was an                                                         
easement  that   was  terminated  by   the  railroad's  abandonment,                                                            
leaving  the property  owner's  land unburdened."    The ruling  went                                                           
on to  say that the  1875 Act, upon  which IBLA  based its decision,                                                            
clearly  states   that  the  railroad   only  has  an  easement   and                                                           
nothing  more.     He  stated  that   the  court  adopted   the  U.S.                                                           
government's   previous   argument   in  full,  which   was  that   a                                                           
railroad  only   has  a  surface  easement.    He  quoted   from  the                                                           
ruling,  which   read,  "It  found   the  1875  Act's  text   'wholly                                                           
inconsistent'  with  the grant  of  a fee  interest."   He explained                                                            
that  a fee  interest refers  to  owning land  outright.   The  court                                                           
declared  that the railroad  does not  have a fee  interest; it  does                                                           
not own the land; it has a surface easement only.                                                                               
                                                                                                                                
3:47:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP relayed  that  the opinion  was dated March  10,                                                           
2014.   Less than one  month later,  ARRC authored  a ten-page  legal                                                           
response  to  a  constituent  in  Anchorage  about  concerns  of  the                                                           
railroad's  fee interest  claim  in the  ROW, as well  as exclusive-                                                            
use  easement  allowing  it  to  fence  off all  adjoining   property                                                           
owners  on homestead  patent lands.   He related  that the ARRC  told                                                           
the   constituent    that   it   had    previously   addressed    the                                                           
constituent's  concerns  in  a comprehensive  memorandum  explaining                                                            
that  ARRC  holds  fee  simple  interest  in most  ARR  ROWs  and  at                                                           
least  an  exclusive-use  easement   in all  ROWs.    Representative                                                            
Kopp  exclaimed, "That  is outrageous!"    He stated  that it was  in                                                           
direct violation of the U.S. Supreme Court ruling.                                                                              
                                                                                                                                
REPRESENTATIVE  KOPP continued  by  saying that  in 2017, the  Alaska                                                           
Supreme  Court  ruled in  Reeves v.  Godspeed  L.L.C  that a  surface                                                         
easement  must  allow  the holder  of  that  easement  all necessary                                                            
control  to  safely conduct  its  operations  but  may not  deny  the                                                           
landowner  proper  use  of the  easement,  if  it  doesn't interfere                                                            
with  the holder's  operations.    He added  that  the  case did  not                                                           
involve  a railroad,  but it  did address  easements;  the principle                                                            
is the  same and  continues as  a legal  basis.   He maintained  that                                                           
no credible  argument  can be  made that  an exclusive-use   easement                                                           
belongs  to  ARRC  without  establishing  what  the  private  parties                                                           
owned when  the federal  government  made the transfer  to the  State                                                           
of  Alaska  [under  the  Alaska  Railroad   Transfer  Act  (ARTA)  of                                                           
1982].                                                                                                                          
                                                                                                                                
REPRESENTATIVE  KOPP  referred  to  slide  8, entitled  "What  is  an                                                           
'exclusive  use easement'?"  and said,  "You may  ask yourself,  'Why                                                           
is this  such  a big  deal with  the exclusive-use   easement?'"   He                                                           
relayed  that the exclusive-use  easement  allows  ARRC to fence  off                                                           
and  exclude any  adjoining  landowner  for any  purpose whatsoever.                                                            
He explained  that  doing so  allows ARRC  to build  a fence  through                                                           
the back  yard of  any properties  built  next to the  ROW - many  of                                                           
them  built  40-50  years  ago  under  original  homestead   patents.                                                           
Many  of  these   properties  have  immaculately   maintained   yards                                                           
along  the  ARR  ROWs  or  a  boat  or  trailer   in  the  yard  that                                                           
homeowners  would  not  be able  to  access.   He  stated  that  ARRC                                                           
claims  that  it  needs  to have  the  exclusive-use   easements  for                                                           
safety,   but  Representative   Kopp  maintained   that  the   safety                                                           
problems  have almost  always  occurred on  public  crossings and  in                                                           
areas  of public  land use.   The private  property  owners are  some                                                           
of  the best  caretakers  of  the  ROWs and  the  first to  report  a                                                           
problem  to  ARRC,  because  it  is  their  land  and  they  want  it                                                           
protected.                                                                                                                      
                                                                                                                                
3:51:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP  relayed  that ARRC  has not  always maintained                                                            
that  it had  the  exclusive-use  easement  right.   He  stated  that                                                           
ARRC's  lead  counsel,  Ms.  Phyllis  Johnson,  argued  on  June  25,                                                           
1996,   before  the   Alaska  Legislative   Budget   &  Audit   (LBA)                                                           
Committee  that the  federal  government  owns less  than originally                                                            
thought.   She reported  that  the issue  should be  researched  on a                                                           
parcel-by-parcel  basis  to  determine  whether  ARRC has  all  those                                                           
rights  from  the transfer  [to  the  state];  property  owners  were                                                           
there  first,  and   the  ROWs  went  across  private  property   not                                                           
federal  land.   He offered  that  ARRC does  have  an exclusive-use                                                            
easement  on  federal  lands  as authorized   by ARCA  -  the  Denali                                                           
National   Park  and  Preserve   (DNPP)  and   federal  lands   under                                                           
competing  Native  land claims  in  Northern  Alaska.   Wherever  the                                                           
federal  government  owned land,  the  exclusive-use  easement  could                                                           
be transferred  to the  state; however,  the federal  government  may                                                           
not  transfer  anything  to the  state  that  it does  not  own.   He                                                           
emphasized  that  the issue  was,  What did  the  federal government                                                            
actually  own  at  the  time  of  the  transfer  and  what  could  it                                                           
actually send to the state?                                                                                                     
                                                                                                                                
3:52:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KOPP  referred   to  slides  9-19  to  examine   the                                                           
details  of HJR 38.   He cited page  1, lines 4-7,  of HJR 38  [shown                                                           
on  slide 9],  which  states  that ARR  was  created under  the  1914                                                           
Act,  which   directly  granted   interests   in  federal  land   for                                                           
railroad  ROWs  for  the  construction  of  the  standard  easement,                                                            
that  is, for  railroads  and  telegraph  and  telephone  lines.   He                                                           
added  that  this  standard  easement   was  in place   beginning  in                                                           
1875, and it is the only easement that Congress authorized.                                                                     
                                                                                                                                
REPRESENTATIVE  KOPP  cited  page  1, lines  10-15  [shown  on  slide                                                           
10],  which states  that  before and  after  completion  of ARR,  the                                                           
federal  government conveyed  into  private ownership  land  affected                                                           
and  burdened by  the ROWs.   He  explained  that these  lands  refer                                                           
to the  homestead  patents.   He  offered that  about  60 percent  of                                                           
the   500  miles   of  tract   are  homestead   patents   -  in   the                                                           
municipalities,   Palmer,  Anchorage,  the  Denali  area,  Cantwell,                                                            
and  Seward -  and are  in private  hands.   He said  that homestead                                                            
patent   owners   had   railroad   tracts   reserved   across   their                                                           
properties  before   ownership  was  transferred   to  the  state  in                                                           
1983.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  KOPP cited  page 2,  lines 3-6 [shown  on slide  11],                                                           
which  states   that  the  state  acquired   ARR  from  the   federal                                                           
Government  in 1983  and created  ARRC  to oversee  operations  as an                                                           
instrumentality of the state.                                                                                                   
                                                                                                                                
REPRESENTATIVE   KOPP cited  page  2,  lines  7-13  [shown  on  slide                                                           
12],  which  states  that  ARCA provided  for  the  transfer  of  all                                                           
rail  properties of  ARR from  the federal  government  to the  State                                                           
of Alaska;  that  is, all  right,  title, and  interest  of the  U.S.                                                           
in those  properties.   He emphasized  that only  the interest  owned                                                           
by the  federal government  was transferred;  it  could not  transfer                                                           
an  interest  it  did not  own.    He continued  by  saying  that  on                                                           
January  14,  1983,   ARRC  reserved  and  owned  ROW  interests   on                                                           
private  properties   -  homestead  properties   -  provided  for  in                                                           
patents   and   other   conveyance    documents;   those   interests                                                            
represented the rail, telegraph, and telephone ROW.                                                                             
                                                                                                                                
REPRESENTATIVE  KOPP  cited  page  2, lines  14-17  [shown  on  slide                                                           
13],  which stated  that if  all right,  title, and  interest of  the                                                           
U.S.  in the  ROWs did  not include  at  a minimum  an exclusive-use                                                            
easement  as  defined  in ARTA,  the  easement  could not  have  been                                                           
included  in the  transfer  under the  plain  language of  ARTA.   He                                                           
explained  that there  are two places  in ARTA  where the exclusive-                                                            
use  easement  is mentioned:    competing land  claims  among  Alaska                                                           
Native  corporations   and  village   corporations;  and   in  Denali                                                           
Borough.   He offered  that those  two places are  where the  federal                                                           
government  did have  an exclusive-use  easement  that it could  pass                                                           
on to  the state; however,  it never  claimed to  have that easement                                                            
across  all  the homestead  patent  properties.    He added  that  in                                                           
December  2015, Alaska  U.S. Congressman  Don Young  proclaimed  that                                                           
ARTA would  have never  passed Congress  had vested  property  rights                                                           
been contemplated  to  be changed  by the transfer;  in other  words,                                                           
there was never an intent to change vested property rights.                                                                     
                                                                                                                                
3:56:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP  cited  page  2, lines  18-25  [shown  on  slide                                                           
14],  which  stated  that during  the  transfer  of  rail properties                                                            
under  ARTA,   USDOI  erroneously   issued   and  ARRC  accepted   an                                                           
interim  conveyance  of  interests  in  real property  not  owned  by                                                           
the  federal  government,  including  exclusive-use  easements.    He                                                           
stated  that   this  interim  transfer   speaks  to  how   the  whole                                                           
process  happened:    first   there  was  a license   issued  by  the                                                           
federal   government   for   ARR;   then   there   was   an   interim                                                           
conveyance.   He  explained  that "interim"  conveyance  means it  is                                                           
temporary  and conditional.   It was  realized that  there were  many                                                           
properties  that needed  to be researched  to discover  the  interest                                                           
that  the federal  government  was  passing  on to  the  state.   The                                                           
federal  government  was not  familiar  with  all the  properties  it                                                           
had;  over  500  miles  of  track  needed  to  be  researched.    The                                                           
interim conveyance was not made final until 2005 and 2006.                                                                      
                                                                                                                                
REPRESENTATIVE   KOPP  relayed   that  before  2005  and   2006,  the                                                           
Alaska  State Legislature  started  to get nervous:   residents  from                                                           
Whittier,   Palmer,   Anchorage,  and   all  over   the  state   were                                                           
complaining  that  ARRC  was incrementally  ratcheting   down on  the                                                           
ROWs  and fencing  off  adjoining  landowners  when for  decades,  it                                                           
had never  been  an issue.   He  cited page  3, lines  1-4 [shown  on                                                           
slide  16],  which  stated   that  the  legislature  specified   that                                                           
under  AS   42.40.285,  ARRC   must  receive   legislative   approval                                                           
before  accepting  any conveyances  of land  - land  grants,  titles,                                                           
interests.   He  added  that complaints  from  the City  of  Whittier                                                           
was the  "final  straw"; residents  maintained  they  were being  run                                                           
out of town by the ARRC's assumption of exclusive-use.                                                                          
                                                                                                                                
REPRESENTATIVE  KOPP cited  page 3,  lines 5-8 [shown  on slide  16],                                                           
which  stated   that  the  legislature   listed,  as  an  exception,                                                            
properties   that  are   consistent   with  any   right,  title,   or                                                           
interest  that the  federal government  had  a right  to bestow;  for                                                           
those,  ARRC would  not need  to receive  legislative  approval.   He                                                           
reiterated  that  an exclusive-use  easement  was not  something  the                                                           
federal  government  had  in  their  possession  to  give if  it  was                                                           
across   private   homestead   patent   properties;    AS  42.40.285                                                            
specifically   states  that  to  be  true  in  a municipality.     He                                                           
mentioned  that  most  of  the  homesteads  are  in  municipalities;                                                            
therefore,  Anchorage,   Palmer,  and  the  Mat-Su   Valley  are  all                                                           
affected.                                                                                                                       
                                                                                                                                
REPRESENTATIVE   KOPP  continued   that  in   2005  and  2006,   ARRC                                                           
approached  BLM  and  received  patents of  exclusive-use  easement;                                                            
it  claimed  it was  only  getting  what  it was  promised  in  1985.                                                           
Representative   Kopp  emphasized   that  ARRC  was  never   promised                                                           
those  patents  to  the  entire  ROWs;  it  would  be  an outrageous                                                            
unconstitutional  theft  of property  rights without  due process  of                                                           
law.   Residents were  unaware of  the transfer  until ARRC began  to                                                           
institute  the  Residential   Right-Of-Way  Use  Permit   Program  to                                                           
monetize  the  railroad.    He offered  that  to  ARRC's  credit,  it                                                           
discontinued   the  practice.     He  mentioned  that  he   does  not                                                           
completely  blame  ARRC  for  what  happened,   as USDOI  improperly                                                            
allowed  it to happen  when it gave  ARRC the 2005  and 2006  patents                                                           
of  exclusive-use  easement  across  hundreds  of  miles  of  private                                                           
property.   He stated  that the property  interests  that were  given                                                           
to ARRC  are the same  as fee interests;  it is  outright ownership;                                                            
and  the   U.S.  Supreme   Court  has  ruled   that  no  longer   may                                                           
railroads  have them.   He said that  in the Brandt  Revocable  Trust                                                         
v. U.S.  ruling,  the Supreme  Court mentioned  other  cases that  it                                                         
had  ruled on,  [Stalker]  v. Oregon  Short Line  R.  Co. [1912]  and                                                         
Great Northern  Ry. Co.  v. Steinke  [1923] -  disputes dealing  with                                                         
competing  land  claims  to  acquire  and  develop  tracks  of  land.                                                           
The  Supreme  Court made  it  clear  that any  implication  that  the                                                           
interest  is  something  more  than  a  surface  easement  would  not                                                           
have survived the court's unequivocal statement to the contrary.                                                                
                                                                                                                                
4:01:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP  referred  to  slide  19, which  cites  page  3,                                                           
lines  28-31, of HJR  38.  He  stated that  the intent  of HJR  38 is                                                           
to give  the Alaska  State  Legislature  the opportunity  to  comment                                                           
on  what  it  believes   is  clearly  the  law.     If  there  was  a                                                           
misapplication    of   ARTA   regarding    exclusive-use   easements                                                            
affecting  many  hundreds  or  thousands  of  property  owners,  then                                                           
under  HJR 38,  Alaska would  disclaim  any property  interests  that                                                           
were  taken contrary  to law  and ask  its Congressional  delegation                                                            
to work with the legislature to right this egregious wrong.                                                                     
                                                                                                                                
4:02:35 PM                                                                                                                    
                                                                                                                                
EPRESENTATIVE  LEDOUX  stated  that  Representative  Kopp  has  given                                                           
very  impassioned  legal arguments  and asked  why  this issue  would                                                           
not be dealt with in court.                                                                                                     
                                                                                                                                
REPRESENTATIVE  KOPP  answered  that  ARTA was  written  so that  the                                                           
U.S.  Solicitor General  is  bound to  defend  any claim  on the  ROW                                                           
forever;  therefore, someone  would  have to be  very wealthy  to sue                                                           
the  federal  government  and  take them  to  court;  it would  be  a                                                           
difficult  task.   He  maintained  that  a resolution  is  a way  for                                                           
the  State of  Alaska  to speak  strongly  about an  egregious  wrong                                                           
that  has  been committed   to Alaska  land  owners.    He mentioned                                                            
that  the  new  Assistant  Secretary  for  USDOI  is  aware  of  this                                                           
issue  and is  assisting  to resolve  it.   He  asserted  that it  is                                                           
the  state's   duty  to  disclaim   and  "walk   away"  from   stolen                                                           
property.    The  state should  not  stand  quietly  by  abating  and                                                           
abetting  the taking  of property  it doesn't  own;  by law, that  is                                                           
theft  by  receiving.     He  concluded   that  for  the  individual                                                            
landowner,  the cost  of litigation  is  prohibitive.   He expressed                                                            
that he  would welcome  a large public  interest  law firm taking  on                                                           
this issue; however, there is much the legislature can do.                                                                      
                                                                                                                                
4:04:46 PM                                                                                                                    
                                                                                                                                
EPRESENTATIVE   LEDOUX  asked  whether   such  a  lawsuit   would  be                                                           
considered   a public   interest  lawsuit;  if  so,   those  type  of                                                           
lawsuits  are attractive  to attorneys  and bring  generous  attorney                                                           
fees when won.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  KOPP  maintained   that many  people  have  tried  to                                                           
get the  attention of  public interest  law firms;  pursuing that  is                                                           
an  ongoing  effort;  however,  he  advocates  acting  when  possible                                                           
rather  than  waiting   for  a  law  firm  to  take  the  case.    He                                                           
reiterated  that  court  action  would  involve   suing  the  federal                                                           
government.  The  proposed   resolution  would  make  it  very  clear                                                           
that   Alaska  does   not  support   any   interest   that  was   not                                                           
originally  owned  by the federal  government.   He  emphasized  that                                                           
HJR 38  does not  state that  ARR does not  have a  ROW or the  right                                                           
to  safety  conduct  a  ROW.    He  offered  that   ARRC  has  police                                                           
officers  that  can  issue  citations  for  trespassing;   they  have                                                           
full legal  authority  for protecting  the ROW.   He maintained  that                                                           
ARRC  does not  need  an exclusive-use   [easement]  to make  a  safe                                                           
ROW; it  is an unsupportable  claim  legally and  is contrary  to the                                                           
interest of every land owner on the ROW.                                                                                        
                                                                                                                                
4:06:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KNOPP   asked   for   a  history   lesson   on   why                                                           
Representative Kopp is pursuing this issue so aggressively.                                                                     
                                                                                                                                
REPRESENTATIVE  KOPP  explained  that in  South Anchorage  and  other                                                           
districts,  homes  built  near the  ROW  have  been there  since  the                                                           
'50s  and '60s.   When ARRC  started  advancing its  residential  use                                                           
permit,  many property  owners received  notices  that they would  be                                                           
charged  per  square  foot  for  their   lawns  or  gardens.    These                                                           
residents  had thought  that  they were  the landowners  and ARR  had                                                           
a ROW.   He relayed  that no one  had an issue  with ARRC preventing                                                            
anything  hazardous  to the  movements  of  the trains;  however,  at                                                           
that  point  they realized  their  ROWs  were  being monetized.    He                                                           
referred  to the  Flying  Crown  airpark in  South  Anchorage;  about                                                           
40 pilots  have used  a portion of  it as a taxiway  for an  airfield                                                           
since the  '50s, that  is, almost  70 years of  continuous use  as an                                                           
airpark.    He stated  that  some  of  the  homes in  the  area  have                                                           
hangars  big enough for  an airplane;  now residents  are faced  with                                                           
a  fence that  could  prevent  them  from driving  airplanes  out  of                                                           
their  hangars.   He maintained  that  the  airpark,  which has  been                                                           
in continuous  operation  for  65-plus years  and in  which there  is                                                           
shared  use of  a small  portion  of the  ROW,  now has  fences on  a                                                           
small   sliver   at  the   very   end  of   the   1,500-foot   strip.                                                           
Significant  fees are  being  charged to  the entire  group of  homes                                                           
in  that   area.     He  added   that   to  its   credit,  ARRC   has                                                           
discontinued  doing  this.   He asserted  that  this  issue needs  to                                                           
be  pursued  until there  is  a  final solution  recognizing   simply                                                           
that  the federal  government  could  not have  passed  to the  state                                                           
an interest that it never owned.                                                                                                
                                                                                                                                
4:09:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KNOPP  offered  his  understanding   that landowners                                                            
were being denied access to their property.                                                                                     
                                                                                                                                
REPRESENTATIVE  KOPP  replied  that there  were landowners  who  were                                                           
denied  access  to the  back  yards  of their  properties;   concrete                                                           
barriers  were erected  by the  railroad  in Oceanview  that  blocked                                                           
residents  from access  to their boats.   He relayed  that he  worked                                                           
with  ARRC to remove  those  barriers;  ARRC always  offered  reasons                                                           
why  it could  not  do so;  and  in the  end,  the  situation  became                                                           
untenable.   He referred  the committee  to letters  included  in the                                                           
committee   packet   from   residents    and   businesses   who   are                                                           
negatively  impacted.   He  stated that  the  owner of  Red Robin  in                                                           
Anchorage  had his  land trespassed  on,  his trees  cut down,  and a                                                           
fence  erected  on  his  property;   ARRC  was  mistaken  as  to  the                                                           
location  of the  ROW.   This person  conflicted  with  ARRC when  he                                                           
plowed  snow onto  a small  section  of the  ROW and  ARRC objected.                                                            
Representative  Kopp  asserted that  the disagreement  was fair,  but                                                           
ARRC putting  a fence  in the individual's  yard  was unfair and  was                                                           
done without  notification.   He  further referred  to Hugh  Ashlock,                                                           
the  owner   of  Dimond  Center,   who  has  had  a  very  difficult                                                            
circumstance  with ARRC;  he would  like 20 more  parking spaces  but                                                           
to obtain  them, he  would have to  part with a  "fortune of  spaces"                                                           
that  impede  slightly   into  an  ARR  ROW  that  he  has   improved                                                           
immensely.    He  reiterated  that  all  these  lands  are homestead                                                            
patent  lands,  and this  is an  issue that  runs  through Anchorage                                                            
and  up and  down  the Railbelt.    He  declared  that the  issue  is                                                           
ARRC  claiming  a fee  interest  in  the land  and  an exclusive-use                                                            
easement  to the entire  ROW; he  maintained that  ARRC has  neither,                                                           
except in areas that the federal government originally owned.                                                                   
                                                                                                                                
4:11:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BIRCH  expressed his  appreciation  for the  proposed                                                           
resolution   and  confirmed   that  it  has   been  a  long-standing                                                            
concern.     He   offered   that   when  he   served   in  municipal                                                            
government,  it  was a  concern  but could  not  be resolved  at  the                                                           
municipal  level.    He  supported  the  legislature   addressing  it                                                           
through the proposed resolution.                                                                                                
                                                                                                                                
4:12:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    TUCK  also   thanked   Representative    Kopp   for                                                           
introducing  the proposed  resolution.   He maintained  that ARRC  is                                                           
creating  miles  of borders  blocking  access  to the  railroad.   He                                                           
stated  that in  Anchorage, the  beach is  cut off  from the  coastal                                                           
trail.                                                                                                                          
                                                                                                                                
4:13:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  asked for confirmation  that  the easement  was                                                           
100  feet on  each side  of track;  ARRC  is preventing  people  from                                                           
the  area  100 feet  from  the  center line;  and  fences  are  being                                                           
erected  and blocking  people from  accessing property  on the  other                                                           
side of the track.                                                                                                              
                                                                                                                                
REPRESENTATIVE  KOPP  answered  yes and  added  that there  are  many                                                           
property  owners  for  which  this  is  the  case;  if  the  railroad                                                           
assumed    the   exclusive-use    easement    on   the   homeowners'                                                            
properties,  they  would be  cut off  from both  sides  of their  own                                                           
land.   He added  that  also people  who abut  the track  may be  cut                                                           
off from  access to  public land areas  because of  the fencing.   He                                                           
said  that ARRC's  argument  is always  safety,  but in  the name  of                                                           
safety, people's rights are being "run over."                                                                                   
                                                                                                                                
REPRESENTATIVE WOOL asked whether the fencing is recent.                                                                        
                                                                                                                                
REPRESENTATIVE   KOPP  responded   that  the   erection  of   fencing                                                           
became  very   aggressive   in  2012.    He   referred  to   page  4,                                                           
paragraph  3,  of  the  document,  entitled   "HJR  38  Overview  and                                                           
Backdrop,"  included  in the  committee packet,  and  stated that  it                                                           
highlights   six  critical   situations   in  the   Municipality   of                                                           
Anchorage.    He apologized  that  he did  not  include  the list  of                                                           
grievances  from Palmer.   He  relayed  that ARRC  fenced off  access                                                           
to  the  Fish  Creek   estuary  in  the  Turnagain  area   forcing  a                                                           
utility  to erect  a $114,000  fence  near  Westchester  Lagoon as  a                                                           
precondition  to  entering  and  repairing  sewer  mains.   The  ARRC                                                           
installed  concrete barricades  and  steel posts  blocking access  to                                                           
the ROW  in a  residential  area in Oceanview.    He mentioned  again                                                           
the  ROW   Use  Permit  Program   as  further   evidence  of   ARRC's                                                           
infringement.                                                                                                                   
                                                                                                                                
4:16:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    WOOL   asked   whether   many   of   the   original                                                           
homesteads still exist or have been subdivided.                                                                                 
                                                                                                                                
REPRESENTATIVE  KOPP  replied  that all  the homesteads  still  exist                                                           
as  federal  patents;  he conceded  that  the  homesteads  have  been                                                           
divided  into  multiple  successors  but  maintained  that homestead                                                            
patents  don't  "go away."    He relayed  that  all  the  way up  the                                                           
track  are large  homesteads  still recognized  in  titles searches;                                                            
the  original   landowners   have  subdivided   the  land;   and  the                                                           
current  landowners  are considered  successors  in  interest to  the                                                           
homestead  and  carry  with  the  land  the property   interest  that                                                           
came with that homestead patent property.                                                                                       
                                                                                                                                
4:17:33 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS announced HJR 38 would be held over.                                                                       
                                                                                                                                
4:18:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  mentioned  that  ARRC  owns  other  lands  that                                                           
are  not easements  or  ROWs; he  asked for  clarification  that  the                                                           
resolution addresses only ROWs and easements.                                                                                   
                                                                                                                                
REPRESENTATIVE  KOPP  replied  that  the  proposed  legislation  does                                                           
not refer  to other  lands  that ARRC  lawfully owns;  it is  focused                                                           
on  the  ROW  and what  is  viewed  as  unconstitutional   claims  to                                                           
property interests in the ROW.                                                                                                  

Document Name Date/Time Subjects
Davidson Resume 2_18.pdf HSTA 2/27/2018 3:15:00 PM
HCR22 Sponsor Statement 2.19.18.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/1/2018 3:15:00 PM
HCR 22
HCR22 Version A.PDF HSTA 2/27/2018 3:15:00 PM
HSTA 3/1/2018 3:15:00 PM
HCR 22
HCR22 Fiscal Note LEG 2.26.18.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/1/2018 3:15:00 PM
HCR 22
HCR22 Supporting Document ANDVSA Letter of Support 2.27.18.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/1/2018 3:15:00 PM
HCR 22
HCR22 Additional Documents - ANDVSA Key Results from the 2015 Alaska Victimization Survey 2.19.18.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/1/2018 3:15:00 PM
HCR 22
HCR22 Additional Documents - CDC National Intimate Partner and Sexual Violence Survey 2.19.18.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/1/2018 3:15:00 PM
HCR 22
HJR38 Sponsor Statement 2.26.2018.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/1/2018 3:15:00 PM
HSTA 3/8/2018 3:15:00 PM
HJR 38
HJR038 ver A 2.22.18.PDF HSTA 2/27/2018 3:15:00 PM
HSTA 3/1/2018 3:15:00 PM
HSTA 3/8/2018 3:15:00 PM
HJR 38
HJR38 Fiscal Note LEG 2.26.18.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/1/2018 3:15:00 PM
HSTA 3/8/2018 3:15:00 PM
HJR 38
HJR38 Supporting Document- Powerpoint Presentation 2.27.2018.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/1/2018 3:15:00 PM
HSTA 3/8/2018 3:15:00 PM
HJR 38
HJR38 Index of Support Documents 2.26.2018.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/1/2018 3:15:00 PM
HSTA 3/8/2018 3:15:00 PM
HJR 38
HJR38 Supporting Document- Letters of Support 2.26.18.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/1/2018 3:15:00 PM
HSTA 3/8/2018 3:15:00 PM
HJR 38
HJR38 Support Letter from Dick Welsh 2.27.2018.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/1/2018 3:15:00 PM
HSTA 3/8/2018 3:15:00 PM
HJR 38
HJR38 Support Letter from Ocean View Community Council 2.27.2018.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/1/2018 3:15:00 PM
HSTA 3/8/2018 3:15:00 PM
HJR 38
HJR38 Support Letter from Beth Fread 2.27.2018.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/1/2018 3:15:00 PM
HSTA 3/8/2018 3:15:00 PM
HJR 38
HJR38 Index of Reference Documents 2.26.2018b.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/1/2018 3:15:00 PM
HSTA 3/8/2018 3:15:00 PM
HJR 38
HJR38 Additional Documents- Reference 2.26.18.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/1/2018 3:15:00 PM
HSTA 3/8/2018 3:15:00 PM
HJR 38
HJR38 Opposing Document- Alaska Railroad Letter of Opposition 2.27.18.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/1/2018 3:15:00 PM
HSTA 3/8/2018 3:15:00 PM
HJR 38
HB 184 Sponsor Statement 1.19.18.pdf HSTA 5/4/2017 3:00:00 PM
HSTA 2/27/2018 3:15:00 PM
HB 184
HB 184 Sectional Analysis 5.3.17.pdf HSTA 5/4/2017 3:00:00 PM
HSTA 2/27/2018 3:15:00 PM
HB 184
HB 184 ver J 4.4.17.PDF HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB184 Fiscal Note HRC 2.23.18.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB 184 Supporting Document - Letter Planned Parenthood 4.27.17.pdf HSTA 5/4/2017 3:00:00 PM
HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB 184 Supporting Document - Letter LWVA 4.27.17.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB 184 Supporting Document - Letter HRC 4.28.17.pdf HSTA 5/4/2017 3:00:00 PM
HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB 184 Supporting Document - Letter ATFE 5.1.2017.pdf HSTA 5/4/2017 3:00:00 PM
HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB 184 Supporting Document - Letter Fbx PFLAG 5.3.17.pdf HSTA 5/4/2017 3:00:00 PM
HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB 184 Supporting Document - Letter HRC 4.28.17.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB 184 Supporting Document - Letter LWVA 5.3.17.pdf HSTA 5/4/2017 3:00:00 PM
HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB 184 Supporting Document - Letter SAGE 5.3.17.pdf HSTA 5/4/2017 3:00:00 PM
HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB 184 Supporting Document - Letter AAARP 5.4.17.pdf HSTA 5/4/2017 3:00:00 PM
HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB 184 Supporting Document - Letter EGJ 5.4.17.pdf HSTA 5/4/2017 3:00:00 PM
HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB 184 Supporting Document - 2017 Survey(2) 5.3.17.pdf HSTA 5/4/2017 3:00:00 PM
HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB 184 Supporting Document - 2017 Survery(1) 5.3.17.pdf HSTA 5/4/2017 3:00:00 PM
HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB184 Supporting Document - 2010 Census 5.3.17.pdf HSTA 5/4/2017 3:00:00 PM
HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB 184 Supporting Document - Anch LGBT Discrimination Preliminary Report 5.3.17.pdf HSTA 5/4/2017 3:00:00 PM
HSTA 2/27/2018 3:15:00 PM
HB 184
HB 184 Supporting Document - ASHRC Resolution 5.3.17.pdf HSTA 5/4/2017 3:00:00 PM
HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB 184 Supporting Document - Court Decisions 5.3.17.pdf HSTA 5/4/2017 3:00:00 PM
HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB 184 Supporting Document - HRC State Laws 5.3.17.pdf HSTA 5/4/2017 3:00:00 PM
HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB 184 Supporting Document - Legal Memo 5.3.17.pdf HSTA 5/4/2017 3:00:00 PM
HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB 184 Supporting Document - Williams Institute 5.3.17.pdf HSTA 5/4/2017 3:00:00 PM
HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB 184 Supporting Document - Public Letters 5.8.17.pdf HSTA 5/4/2017 3:00:00 PM
HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB 184 Supporting Document - Memorandum, Religious Exemptions 5.9.17.pdf HSTA 5/4/2017 3:00:00 PM
HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB 184 Supporting Document - 18.80.300 5.9.17.pdf HSTA 5/4/2017 3:00:00 PM
HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB 184 Supporting Document - Ministerial Exemption 5.9.17.pdf HSTA 5/4/2017 3:00:00 PM
HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB184 Supporting Document Letters of Support 2.26.18.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB184 Letter of Support 2.26.18.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB184 Supporting Document ACLU Testimony FINAL 2.26.18.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB184 Supporting Document 2015 U.S. Transgender Survey—Alaska State Report 2.26.18.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB184 Letter of Support 2.26.18.pdf HSTA 2/27/2018 3:15:00 PM
HB 184
HB184 Supporting Document- Public Letters of Support 2.27.18.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB 184 Opposing Document - Letter AFC 5.5.17.pdf HSTA 5/4/2017 3:00:00 PM
HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB184 Opposing Document- Letter 2.27.18.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HB184 Opposing Document- Letter 2 2.27.18.pdf HSTA 2/27/2018 3:15:00 PM
HSTA 3/6/2018 3:15:00 PM
HB 184
HJR001 Sponsor Statement 2.19.18.pdf HSTA 2/27/2018 3:15:00 PM
HJR 1
HJR001 ver A 2.19.18.pdf HSTA 2/27/2018 3:15:00 PM
HJR 1
HJR1 Fiscal Note LEG 2.26.18.pdf HSTA 2/27/2018 3:15:00 PM
HJR 1
HJR001 Supporting Document-ADN Poll 2.19.18.pdf HSTA 2/27/2018 3:15:00 PM
HJR 1
HJR1 Opposing Document- Alaska Family Action Letter of Opposition 2.27.18.pdf HSTA 2/27/2018 3:15:00 PM
HJR 1
HJR1 Opposing Document- Letter 2.27.18.pdf HSTA 2/27/2018 3:15:00 PM
HJR 1