Wernberg v. Matanuska Electric Association

OPINION

ERWIN, Justice.

This appeal arises out of an action brought on June 3, 1965, by appellant Wernberg against appellee Matanuska Electric Association for trespass to his homestead in the Talkeetna area. The homestead patent, issued in 1954, reserved the highway right-of-way pursuant to a federal statute. The state acquired the right-of-way in 1963 under the statute by serving Wernberg with a standard Notice of Utilization. The 200-foot wide right-of-way extending across Wernberg’s land was partially cleared by the State Highway Department, but the easternmost 30 feet remained covered with…