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Introduction

Alaskans used to have a legal right to safely cross the tracks to access Alaska for traditional recreational activities. From hunting and fishing to berry picking. Common law and common sense have always ruled the day. Well that’s all coming to an end if the Alaska RR is successful in defeating HJR38 which is working it’s way through the legislature this 2018 session. Right back to the Wild Railroad West of the 1800s. Turn back the years and turn back Supreme Court Law of the Land. A new Land Baron is in town. Legal cloud on title and gutted market value for private property owners who used to be the fee simple rightful owners of the right-of-way lands. No more public voice in disputes over traditional and safe access across the tracks. Municipal park lands in jeopardy. Legal right of the RR to fence the public out anytime and anywhere no questions asked. The RR is claiming fee simple ownership of the entire right-of-way from Seward to Eielson. Just divide Alaska right down the middle. This is all out war on the 5th amendment rights of Alaskans. The Alaska RR knows this is wrong but they really don’t want to give back what they’ve taken. It’s valuable!! The House State Affairs Committee just weighed in with a unanimous vote to move HJR38 on to the Judiciary committee. With your voice we can help our legislators finish the job. Please voice your support!! Please join our FB Group for the latest! Just type in AASPR in the main FB search bar.

THE HEART OF THE ISSUE

When the Alaska RR was transferred from the Federal Government to state ownership in 1982, the train derailed and has been off the tracks ever since. Unfortunately, during the process thousands of Alaskans have been simply “run over”. Let me explain.

 

In our hand, we hold a federal homestead patent which is an exclusive land grant made by the Federal Government. “The patent stands as supreme title to the land”. Valid, existing, uncontested, federally patented land as protected under the constitution.

 

These Homestead and other patented lands along the RR included the 1914 right of way, a surface easement across private property for the operation of RR, telegraph, and telephone. THAT WAS ALL of what the Federal Government owned or otherwise held to “convey” or transfer to the State of Alaska with ARTA (Alaska RR Transfer Act in 1983).

 

Now take your grandparent’s Homestead patent and toss it in the garbage. Replace it with one of 46 new federal land patents which were applied, in most cases, directly over valid existing federally conveyed lands. Over 11 thousand acres of Alaska lands, much of it original homestead land from Seward to Eielson, was simply “overwritten”. This placed a legal cloud on title, created onerous loss of access issues for private property owners, and gutted the market value of private property – in some cases severely. Quite alarmingly, this entire process was completed behind closed doors, without any meaningful oversight or public vetting of any kind. Alaskan private property owners were neither notified nor given any opportunity to defend themselves and participate in a process which directly challenged and then legally changed their Constitutionally protected property rights. Homesteaded lands previously and lawfully conveyed to Alaskans by the Federal Government. Valid and uncontested valuable private property rights completely entwined in the market value of each and every property and unequivocally guaranteed by our state and federal constitutions. All behind closed doors. Just gone.

 

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.

 

Understand that there is a constitutional process for changing the fundamental legal nature of private property and adversely affecting property value and access rights. It’s called condemnation and through eminent domain, the Constitution allows this process, as controversial as it may be, to proceed.

 

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.

 

This misguided effort opened Pandora’s Box and exposed the illegal new patents for the first time. Thus began the extremely difficult process of having stolen property rights returned to Alaskans. The effort is now being made public because it’s clear that the political resolve necessary to correct this mess can only come if large numbers of Alaskans speak up and make it happen. Please join us and add your voice.

 

Homestead Patent & Illegal Patent Example

ABOUT AASPR

AASPR is a growing group of Alaskans who understand that the Alaska RR fundamentally changed the legal nature of a surface easement across private property with no legal process, process of eminent domain, or public vetting of any kind. Over 1100 Alaskan property owners had valuable property rights taken and were never provided any opportunity to either be aware of what happened, or contest the action.

 

Our mission is to raise a public voice so that the Governor, Congressman Don Young, and other state and federal representatives can help the RR restore our rights and return what was stolen. We are standing for all Alaskans who value private property, who believe in the constitution, and who don’t believe that a state run entity should get away with a complete trashing of our constitution because they are the big elephant in the room and control the political process.

 

Who we are not. We are not any kind of special interest group nor do we have any agenda to do harm against our friends and neighbors who work for the Alaska Railroad. We are Alaskans just like you who simply want what any Alaskan would want. What was stolen must be returned so that legal cloud on title can be removed, market values of homes and properties can be restored, and a safe and neighborly right of way can be returned to all Alaskans. Trust us NOBODY wants to be here, but when people are faced with a very real and hurtful loss, and never even had any say in the process to defend themselves, it generates a strong sense of moral and ethical obligation to stand up for what’s supposed to be guaranteed by our constitution. So Please don’t pass judgment. If it was you or someone you knew you’d be right here with us. It’s an easy decision for anyone to make once they slow down enough to focus and see the obvious.

 

This is about YOU if you’re a typical Alaskan with strong moral and ethical resolve who believes that government should honor the constitution just as you and I do.

 

This is about YOU if you are one of the thousands of traditional ROW recreational users. The snow machiners, the hunters, the fisherman, the berry pickers, the skiers, the windsurfers and SUP boarders. Those and many more who stand to loose their traditional legal access rights to continue the safe use of the shared right of way.

 

The Alaska RR has already begun the process of fencing the Alaskan Public from their traditional legal shared use of the right of way

 

This is about YOU if you’re one of the 1000+ adjacent ROW property owners facing very real and hurtful loss of property value and cloud on title but like most have no idea that it happened.

Are You One of the 1100+ Properties Affected?

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.

How to Help

PLEASE spend a few minutes reading through the main FAQ file.  This is the single most important thing you can do initially to help the cause.  Understand whats happening.

 

Start by reading the FAQ

 

Connect with Us!

 

Or type AASPR or Alaskans Against Stolen Property Rights in the search bar in Facebook. Find the group not the page.

 

For All Alaskans, including recreational ROW users and concerned citizens.

 

First, understand that for years this issue has been mired in confusion and misinformation from the RR. We are reaching out to fellow Alaskans now because it’s clear both what the RR did and how it happened. Please review the resources tab and educate yourself but you must understand that NOBODY understands this without spending some time with it when the RR is constantly confusing the issue with false information. It’s taken literally years to get to this point exactly for that reason.

 

Please join us by telling the Governor and your representatives that they have a duty to uphold the constitution and stand for the thousands of Alaskans who have been harmed by this blatant land grab by the RR.

Second, this is a small state and your voice and opinion really do matter. This issue is as bipartisan as it gets – a serious attack on private property rights that DEMANDS action.

 

It’s critical that you add your voice. We need numbers!!

 

Call and email the Governor’s office.

 

Call and email your state senator and representative directly. Click here, then scroll to the bottom of the page and enter your address in the “Who Represents Me”.

 

Call and email your congressional delegation. Congressman Young is the last surviving member who was present when the RR was transferred to the State in 1983. He knows loud and clear that something like this was NEVER supposed to happen and is supposedly a strong advocate for private property rights. For some reason he’s been completely MIA on the matter. Please call and email him and ask him why (907) 271-5978

 

Please encourage senators Sullivan and Murkowski to lend their support to governor Walker and Alaskans to find resolution on this constitutional matter. This is a state AND Federal matter.

 

 

Congressman Don Young Contact

 

Senator Dan Sullivan email contact

 

Senator Dan Sullivan local Alaska contact page

 

Senator Lisa Murkowski’s email contact:

Anchorage

510 L Street #600

Anchorage, AK 99501

Phone: (907) 271-3735

Fairbanks

250 Cushman Avenue, #2D

Fairbanks, Alaska 99701

Phone: (907) 456-0233

Mat-Su Valley

851 E. Westpoint Dr #307

Wasilla, AK 99654

Phone: (907) 376-7665

  • The US and our State Constitution both unequivocally state that “No person shall be deprived of life, liberty, or property, without due process of law.”
  • The Alaska RR took valuable vested rights from Alaskan property owners, and did so behind closed doors completely outside of the Constitutionally mandated due process of law.
  • The Alaska RR has been telling Alaskans for decades that “They OWN the right of way”. This is not true in most cases. The dirt under the tracks is owned by the property owner.
  • In most cases, the Alaska RR only “owns” a simple surface easement across the private property of others.
  • The Alaska RR claims “Exclusive Use” takes rights from Alaskans and gives them to the RR.
  • This is NOT true. ONLY Due Process of Law as mandated by the Constitution can ever “take” property rights from Alaskans and “give” them to the Alaska RR. This process NEVER happened. Property rights were just stolen.
  • The Alaska RR has already begun the process of fencing out the Alaskan Public from their legal and traditional shared use of the right of way. This MUST be stopped.
  • The Alaska Railroad, the DOI, and the BLM ignored our State and US Constitutions. They also completely ignored due process of law.

Need help reaching out and speaking up?

 

Click the HELP button and let us know how we can help.

For Adjacent ROW Property Owners

 

If you haven’t already go to the “Are You Directly Affected” section of the website and follow the directions. After you’ve determined your RR mile marker location and viewed the illegal federal patent affecting your property, the next step is to determine the underlying legal status of your property if unknown. Do some digging and check your records and then reach out to us via our FB page or email us and let us help you through the inevitable confusion and misinformation phase. Talk to your friends and neighbors. Get involved. The RR has put a legal cloud on the title to your property and negatively affected it’s value – all with no due process. Tell the Governor and your representatives you won’t stand for this and that they must act to restore your property rights. Demand Action and don’t accept any lip service for response. Tell them to represent or you’ll vote them out of office. Fourth. Read and learn about what happened. Ask questions and and become your own advocate. All legal and other answers are readily available. Build resolve so you can help your friends and neighbors join the fight to return what was stolen and restore the shared ROW to all Alaskans.

Need help reaching out and speaking up?

 

Click the HELP button and let us know how we can help.

Safety is the top priority

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.

Contact Us Today

Please get in touch with us with any questions or concerns. We will get back to you via e-mail as fast as we can. Thank you.

 

Reach Out to us and others on our FB Group. Find us HERE

 

Or type AASPR or Alaskans Against Stolen Property Rights in the search bar in Facebook. Find the group not the page.

 

Or email us at aaspr@yahoo.com