The Fight for Benka Lake Access Continues

When the State initially platted the land around Benka Lake, the parcel to the east of Lakeview Street, Tract A, was never meant to be transferred to private ownership.

The State erred in transferring Tract A to the University of Alaska for the purposes of selling. However, the deed stipulated that public access to all navigable or public waters must be created and platted. That statement about public water access carries through all subsequent deeds for that parcel, including to the new owners, the Brunzes. 

That deed stipulation is the crux of the Friends of Benka Lake argument. Public water includes all water suited for public use, including habitat for fish and wildlife.

Benka Lake has been stocked with fish since 1967 using the boat launch at the end of Lakeview Street. Since the public access has been closed, Alaska Department of Fish and Game indicates there is no reason to stock the lake. The State also has no boat access to stock anymore. 

Now that the Brunzes own both sides of the Lakeview Street access, they have asked the Borough to vacate that portion of the street, which would erase any sign of a public access point. Mat-Su Borough Platting Officer Fred Wagner says that because the State did not dedicate the rights-of-way to the Borough, the Department of Natural Resources would need to agree to vacate the road before the Borough could move forward. 

The Friends of Benka Lake attorney, Michael Kramer, cited precedent for a similar case, Offshore Systems Kenai versus State. In that case, the State also did not designate a location for public access easement before transferring the parcel. But there was an existing access point to two beaches when the company bought the land. The company was required to either provide public access at the original location or access elsewhere to both beaches.

To date, the Brunzes’ attorney, Phil Weidner, has not responded to a letter from Kramer outlining case precedent and specific deed stipulations regarding public access.