Keener v. State

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 patent for the property. The patent reserved a thirty-three-foot right of way for roadway and public utility purposes.

The width of the right of way reserved in Erwin’s…