Friends of Benka Lake Move Forward with Litigation

The Friends of Benka Lake voted last night in a closed session to move forward with litigation to restore public access to the lake. 

Chuck Pinckney with the Department of Natural Resources, or DNR, Division of Mining, Land, and Water attended the public meeting to provide background information and answer questions about the situation at the lake.

Friends of Benka Lake President Chris Campbell pressed Pinckney about whether DNR would try to provide new access or if they might move forward with litigation. A similar case, Offshore Systems Kenai Vs. State, was litigated by DNR to restore public access. The State won the case and public access was restored to two beaches.

The deeds for the land parcels in the Kenai and Benka Lake cases include the same language. That language requires subsequent landowners to provide public access and record that in a plat. Pinckney says that when the University of Alaska sued the State for the land around Benka Lake, DNR conveyed the land with that stipulation in the deed. However, the public access on Lakeview Street was never captured in any plat, even as the parcels changed hands multiple times with the same deed stipulations.

It is unclear why the public access was not captured in the deed prior to DNR’s conveyance to the University since the road and public access were already built. The DNR does not have records of a site visit conducted prior to the disposal of that land, according to DNR Director of Communications Lorraine Henry. Site visits are typically conducted prior to any disposal of land.

Now that the Benka Lake access has become private, DNR is exploring ways to restore access for the public. Pinckney says QUOTE “We have been directed by the Governor to provide access.” END QUOTE. That could include building out the section line easements or even purchasing land around the lake to provide public access. However, despite the Governor’s interest, those options might take years. 

Campbell asked if DNR might consider moving forward with litigation as it did in the Kenai case. Pinckney says that DNR might explore that, but the people who would determine how to move forward have not yet met to discuss the situation. 

Campbell says even if DNR wanted to take the lead on litigation, it would likely take years for any resolution. Michael Kramer, the Friends of Benka Lake attorney, reviewed the Kenai and Benka Lake cases at the public meeting. The landowners that now own the parcels on both sides of the Lakeview Street access, the Brunzes, attended the meeting via Zoom. They did not speak during the meeting. 

Kramer sent a letter to Phil Weidner, the Brunzes attorney, several weeks ago outlining case precedent and requesting restoration of the public access. To date, the Brunzes’ attorney has not contacted Kramer.

The Friends of Benka Lake will initiate litigation after moose hunting season.