The RR would argue that the transfer act language somehow justified the new patents. It very clearly doesn’t but that’s a completely separate matter which is not at all relevant here.
You don’t change the legal nature of private property which is constitutionally protected by a valid existing federally conveyed patent, and do it behind closed doors without any due process of law. It’s indefensible. The RR was very aware that their efforts of new patent overlay would never survive public scrutiny and the process of eminent domain so they just swept it under the rug thinking that without public oversight they could get away with it indefinitely, which they did until 2013. This is when they began implementation in South Anchorage of a permit program extorting Alaskan private property owners to pay the RR by the square foot for the use of their own private property.
The Alaska RR has already begun the process of fencing the Alaskan Public from their traditional legal shared use of the right of way
Do you own a home, property, or business along the Alaska Railroad? If you do then chances are very high that you’ve had illegal action taken against you and don’t know anything about it.
Instructions: Warning!! We have very limited resources for web design and don’t have a super fancy micro linked web page. If you need help use the contact link below and we will do our best to help you determine how you’ve been affected.
Click the link for your area and follow the instructions provided.
If you have trouble locating your property and RR mile marker, open the google earth file for a high resolution map.
510 L Street #600
Anchorage, AK 99501
Phone: (907) 271-3735
250 Cushman Avenue, #2D
Fairbanks, Alaska 99701
Phone: (907) 456-0233
851 E. Westpoint Dr #307
Wasilla, AK 99654
Phone: (907) 376-7665
At the heart of the RR’s public confusion and misinformation campaign has been safety. We absolutely share and promote the goal of public safety in the ROW, as should all Alaskans. What the federal government actually owned and transferred to Alaska with the RR in 1982 was the 1914 ROW. This is the standard which railroads around our country use today to uphold the highest standards of safety in the ROW. The AK RR has all the legal and other tools necessary to easily and effectively deal with any real threat to safety in the ROW.
Trying to confuse safety with the blatant theft of property rights should concern every Alaskan. 99.9% of historical RR ROW incidents and accidents involving people are tied to public street crossings. Adjacent property owners and recreational users are historically good stewards of the ROW.
In any event this issue is not about safety and never has been. It’s about the stolen private property rights of Alaskans and the complete disregard for Constitutionally mandated due process of law.
If the safety issue is important to you and the RR tries to confuse you on the issue, please view this video of the hugely popular state run Rabbit Creek shooting range. This video is perfectly representative of the Alaska RRs official stance on Safety in the ROW. Nothing else really needs to be said.