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Leavitt: Berlaimont decision sets a terrible precedent

Howard Leavitt The Alaska National Interest Lands Conservation Act, more commonly known as ANILCA, is the basis for developers of a proposed luxury subdivision to claim a right to several miles of new paved road across public lands north of Edwards. The act was passed by Congress in 1980 “to preserve for future generations certain lands and waters in the State of Alaska that had nationally significant values, including areas important for wildlife, subsistence, wilderness, recreation, scientific, scenic and historic reasons.” The guidelines of this legislation provided for “adequate” access across public and protected lands to existing mining claims and private properties within those lands “for reasonable use and enjoyment.” The term “reasonable use” is critical.

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