Popular Public Easement Not Legally Vacated

A new proposed development along Comsat Road in Talkeetna did not include a State public access easement in the preliminary platting documents.

The Correira Estates subdivision would create 10 lots west of South Comsat Road near Christiansen Lake.  

According to Alaska Department of Natural Resources Communications Director Lorraine Henry, the easement is still in place. When the State sold the property, there was a stipulation in the deed that the 60-foot public easement would remain on the parcel. The easement is also carried with the deed for any future owners.  

The Mat-Su Borough approved a resolution to vacate a portion of the State easement in January 1993. However, the Borough had no legal authority to do so. Henry says the State still held the deed to the property until 1998, when the landowner completed payments. And the deed still requires the public access easement to remain.

It was the Talkeetna Parks Advisory Committee that brought up the missing easement because it’s a popular ski trail. The preliminary plat for the new subdivision was approved by the Borough Platting Board this week. But Platting Board members raised concern that they had just learned the easement was missing from the documents.

Borough Platting Officer Fred Wagner explains that the preliminary plat had all the legal requirements needed for approval. He goes on to say that final approval is contingent on showing all easements on the final plat. Wagner says the easement section that was vacated was south of the subdivision, though he also says the easement was not mapped so its specific location is unknown. And its effect on the proposed lots in the new subdivision is also unknown.

Vacating a State easement requires providing an equal or better area to move the easement. After review by the State, it must go through a public comment period. The Department of Natural Resources has the final authority to vacate the easement or deny the application.   

DNR shows no records that the State has vacated any portion of the easement.