The State of Alaska has responded to an amended complaint about public access at Benka Lake. The complaint was filed by the Brunzes in January, which claimed their access to Benka Lake on Lakeview Street was not a public access and never was.
In their response, the State clearly says that Lakeview Street is a public right-of-way and that it provides public access to the lake. Multiple documents accompanied the response. Those show that the State built Lakeview Street before the land was subdivided and that it was always intended as a public access point.
Not only did the State provide documentation that the Lakeview Street access is a public right-of-way, they also are counterclaiming against the Brunzes for blocking that access. Benka Lake is a navigable or other public water and the Brunzes have inhibited public use and access to the lake since August 2022.
One document included in the filing shows that the State drafted a justification for building Lakeview Street and identifies it on a plat as public access and right-of-way. The State’s complaint also provides documentation in the deed showing that the State always intended there to be public access on Lot 1, now owned by the Brunzes. That deed requires the landowner to provide for public access and record it on a plat. Friends of Benka Lake representative Chris Hall says that one major finding was a survey cap at the corner of Winterset Drive and Lakeview Street designating Lakeview as a right-of-way.
Hall says this is a daunting task to take on and the State coming out to support public access is great.
Friends of Benka Lake will hold a public meeting at the Talkeetna VFW Post on East Veterans Way on Sunday, February 25th at 6:30 pm.
Disclosure: Friends of Benka Lake are non-voting members of Talkeetna Community Radio, Inc.
