More than two years ago, private landowners, Jan and Britta Brunz, fenced the public access to Benka Lake in Talkeetna. In response, community members formed the Friends of Benka Lake with the goal of restoring public access. It has been a contentious and confusing legal battle over who actually owns the access. But a judge granted a temporary injunction last May requiring the landowners to restore access to the public. Since last fall, the State, Friends of Benka Lake, and the Brunzes have been working on a settlement agreement.
The Friends of Benka Lake Co-chair Forrest Cook says the group is cautiously optimistic that they may be nearing a final agreement. The latest proposed agreement from the State of Alaska would allow permanent public access to the boat launch at the end of Lakeview Street as it exists right now. That still includes a fence along both sides of the road and allows for a 20-foot opening.
The agreement also includes a stipulation that if a new access is developed elsewhere on the lake with a public boat launch as good or better as the one on Lakeview, the State would hear a petition to vacate the existing right-of-way. That process would still require public input and would ultimately be up to the State to decide.
The Brunzes also requested that a no loitering clause be included in the agreement. Kramer added a definition of loitering specifying it as being in the boat launch area without intent or purpose.
If a settlement is reached before June, the State Department of Fish and Game will stock the lake. Kramer says he believes they have a settlement that all parties have agreed to, but the Brunzes have not yet said they will sign it.
Cook says the Friends of Benka Lake believe this agreement is good enough to fortify the public access for the future so it’s no longer contested.
