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ALASKA DEPT. OF NATURAL RESOURCES v. U.S.

No. 14-35051.

816 F.3d 580 (2016)

State of ALASKA DEPARTMENT OF NATURAL RESOURCES; Department of Transportation and Public Facilities, Plaintiffs-Appellants, v. UNITED STATES of America; Agnes M. Purdy, Owner of Native Allotment No. 50-2008-0437 certificate no.; that portion of Native Allotment No. 50-2008-0437 currently occupied by Chicken Ridge Alternate, Myers Fork Spur, Chicken to Franklin and Chicken Ridge Trails, containing 17.5 acres; Barbara A. Redmon, on behalf of Anne L. Purdy, Owner of Native Allotment No. 50-2013-0004 certificate no.; that portion of Native Allotment No. 50-2013-0004 currently occupied by Chicken to Franklin and Chicken Ridge Trails, containing approximately 6.4 acres of land; Dena' Nena' Henash, Tanana Chiefs Conference, an Alaska non-profit corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 14, 2016.

Attorney(s) appearing for the Case

Michael C. Geraghty , Attorney General, David A. Wilkinson (argued), Assistant Attorney General, Mary Ann Lundquist , Senior Assistant Attorney General, Fairbanks, AK, for Plaintiffs-Appellants State of Alaska Department of Natural Resources and Department of Transportation and Public Facilities.

Sam Hirsch , Acting Assistant Attorney General, David C. Shilton and John Emad Arbab (argued), Attorneys, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C., for Defendant-Appellee United States of America.

Michael C. Kramer (argued) and Justin J. Andrews , Kramer and Associates, Fairbanks, AK, for Defendants-Appellees Agnes Purdy and Anne Purdy.

Richard D. Monkman , Harry R. Sachse , and Maile S. Tavepholjalern , Sonosky, Chambers, Sachse, Miller & Munson, LLP, for Defendant-Appellee Dena' Nena' Henash (Tanana Chiefs Conference).

Before: WILLIAM C. CANBY, JR., JAY S. BYBEE, and PAUL J. WATFORD, Circuit Judges.

OPINION

This case involves a land dispute between the State of Alaska and two Alaska Natives, Agnes and Anne Purdy. Agnes Purdy owns a 160-acre parcel of land in eastern Alaska near the town of Chicken; her sister Anne owns a neighboring 40-acre parcel. The State contends that it owns rights-of-way for four public...

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