Talbot's, Inc. v. Cessnun Enterprises, Inc.

OPINION

ERWIN, Justice.

This controversy centers upon an alleged easement across a tidelands parcel located in the City of Ketchikan. The original title was passed to the United States by the Treaty of Cession (1867) . 1 In 1957, the United States passed title to the tidelands to the Territory of Alaska under the Tidelands Act. 2 While the federal government retained certain rights (navigational servi-tudes, eminent domain rights, etc.) the title granted to the Territory can only be described as a fee simple. The Act contained a restriction on alienation to the effect that if the land was to be…