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2001 Alaska Attorney General Reports and Opinions 1 (2001)

handle is hein.sag/sagak0006 and id is 1 raw text is: MEMORANDUM                                          State of Alaska
Department of Law
TO: Bruce M. Botelho                                 DATE: January 17, 2001
Attorney General
A.G. FILE NO: 661-01-0080
TELEPHONE: (907) 465-5160
SUBJECT: Anchorage Coastal
Trail Planning
FROM: James E. Cantor
Assistant Attorney General
Transportation Section, Anchorage
REVIEW  Kevin Saxby and Lance Nelson
AND EDITS Assistant Attorneys General
BY: Natural Resources Section, Anchorage
I.    Questions Presented
The Department of Law's Transportation and Natural Resources Sections have
received written requests for advice from the Department of Transportation and Public
Facilities and the Department of Fish and Game. Neither agency has followed the
process for requesting a memorandum of advice or opinion of the Attorney General.
The agencies seek advice concerning the effect of the statute establishing the
Anchorage Coastal Wildlife Refuge upon one potential routing of a coastal trail. The
questions involve the location and effect of the refuge boundary, the applicability of
§ 4(f) of the Federal Transportation Act of 1966 to private property within the outer
boundary of the refuge, and the authority to condemn land for a coastal trail.
II.   The Location and Effect of the Refuge Boundary
Alaska Statute 16.20.031(a) establishes the Anchorage Coastal Wildlife Refuge as

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