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KEENER v. STATE

No. S-5650.

889 P.2d 1063 (1995)

Kevin C. KEENER and Sherrill L. Keener, Appellants, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

Rehearing Denied March 14, 1995.

Attorney(s) appearing for the Case

Robert John, Law Office of William R. Satterberg, Jr., Fairbanks, for appellants.

Paul R. Lyle, Asst. Atty. Gen., Fairbanks, and Charles E. Cole, Atty. Gen., Juneau, for appellee.

Before MOORE, C.J., RABINOWITZ, MATTHEWS and COMPTON, JJ., and BRYNER, J., pro tem.

OPINION

MATTHEWS, Justice.

I. FACTS AND PROCEEDINGS

In this case, the State asserts a fifty-foot right of way over property owned by Kevin and Sherrill Keener. The property at issue is located at the intersection of University Avenue and Davis Road in Fairbanks, Alaska. In 1952, the United States government leased the property to Patrick Henry Erwin pursuant to the Small Tract Act of 1938. In 1955, the United States issued Erwin a...

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