State Erred in Transferring Land at Benka Lake

Public access to Benka Lake has been gated by a private landowner since August of 2022. One of the parcels connected to the access was never intended to be transferred to private ownership.

The Bureau of Land Management granted all of the land around the lake through a patent to Alaska Department of Natural Resources in 1965. That Department, also called DNR, subdivided the land and began offering parcels for sale and long-term leases in 1966. The DNR gave some lands to the University of Alaska, some to the Mental Health Trust, and others were sold to private landholders. Lands transferred to the University or Mental Health Trust generate income from the land sales for those institutions. 

According to DNR Director of Communications Lorraine Henry, Tract A, located on the eastern side of the former public access, was never intended to be sold. That parcel was to be retained for public access and recreation. Tract A was granted to the University in 1983 and later sold several times to private citizens. 

While the land was subdivided and platted in 1965, there is no clear access or roads designated for the public at that time. It is unclear who built Lakeview Street, the road used as the public access. Henry says that it was likely built as part of the original land offering and is a public road. She says that it serves all parcels along the road, including Tract A.

The State has been stocking Benka Lake since 1967 using the boat launch at the end of Lakeview Street. However, the precarious public access was documented in a 1994 memo within the Alaska Department of Fish and Game. In that memo, the Sport Fish Area Biologist at the time requested the Department explore legalizing public access. The landowner at the time was willing to provide a public easement if the state paid for the survey, platting, and other costs. Benka Lake has not been stocked with fish since the public access was closed.

There are no current options for alternative public boat launching access. The DNR offered two section line easements, but those are not likely to be developed as one has a significant drop in topography and the other is across wetlands.

The Department of Fish and Game noted several easement options in an internal memo in 2000. There are two walkway easements starting along Hillside Drive that could provide access to the lake. Utility easements are reserved as walkways as well. However, none of the easements along the section lines, designated walkways, or utilities would allow for vehicular access at this time.