The Mat-Su Borough has come to a decision regarding the disputed public access point at Benka Lake. According to Borough Manager Mike Brown, the Borough has determined that the owner of Lot 3 has the legal authority to build a fence and block access to the lake.
On August 10th, visitors to the lake were surprised by a newly constructed fence. Benka Lake has been enjoyed by local residents and visitors for decades, using Lakeview road as an access point.
Lake enthusiasts quickly responded with calls and emails complaining about the situation. The spot is also used by the Department of Fish and Game to stock the lake for fishing, and it’s used by the local fire department as a water fill site. The new fence obstructing access was vandalized almost immediately.
This prompted Borough staff to review plats and historical data regarding the subdivision. The subdivision was built in the 1960s before easements were regularly set aside for access to public places like Benka Lake.
According to Brown, the property in question had previously been owned by the State of Alaska. The State did not officially establish an easement for public use before they conveyed the lot to the Alaska Mental Health Trust in 2021. The Trust then sold the property to a private owner later that year.
The Borough maintains that because the State had owned the land, and not a private party, the five decades of continuous public use cannot be considered a prescriptive right. Alaska law provides that after 10 years of uninterrupted public access on private land, the access will be considered an easement.
The Borough also determined that two undeveloped easements exist around the lake that could potentially provide access. However, it is unclear whether these access points could be reasonably improved to replace the popular boat launch area.
The Borough acknowledged that the decision was probably not what the public wanted to hear, but that they wanted to share how they arrived at the determination.
