Foster v. State, Department of Transportation

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

The superior court dismissed for lack of subject matter jurisdiction Evelynn Foster's trespass claim against the State of Alaska. 1 Because adjudicating Foster's claim would have required the superior court to determine the scope of an easement on Foster's Native allotment, and because state courts lack jurisdiction to adjudicate the ownership or right to possession of Native allotment land, we affirm the dismissal of Foster's claim.

II FACTS AND PROCEEDINGS

In 1961 the United States Bureau of Land Management (BLM) granted the State of Alaska a material…