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AHTNA, INC. v. STATE, DEPT. OF TRANSP.

No. S-14075.

296 P.3d 3 (2013)

AHTNA, INC., Appellant, v. STATE OF ALASKA, DEPARTMENT OF TRANSPORTATION & PUBLIC FACILITIES, Appellee.

Supreme Court of Alaska.

January 18, 2013.

Attorney(s) appearing for the Case

Howard S. Trickey and Gregory F. Dorrington , Jermain, Dunnagan & Owens, P.C., Anchorage, for Appellant.

M. Leone Hatch , Assistant Attorney General, Fairbanks, and John J. Burns , Attorney General, Juneau, for Appellee.

Before: CARPENETI, Chief Justice, WINFREE and STOWERS, Justices.

OPINION

STOWERS, Justice.

I. INTRODUCTION

In September 1961, the U.S. Bureau of Land Management (BLM) issued a right-of-way grant to the Alaska Department of Public Works (now the Department of Transportation and Public Facilities) conveying a "road building material site" along the Denali Highway with no expiration date and no rental fee. The right-of-way grant was issued pursuant to federal statutes and subject to relevant federal highway...

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