ELR Citation: ELR 20093
No(s). s. 25,011 & 25,029 (9th Cir. Jan 26, 1971)

The Alaska Railroad Act and the Executive Order which implemented it (Aug. 31, 1915) necessarily reserved for the use of the Alaska Railroad as a terminal the tidal and submerged lands contiguous to the ordinary highwater mark on that portion of the eastern shore of Knik Arm, its tidelands and the bed of Ship Creek which is within the boundaries of the terminal reserve. The validity of the reservation was unimpaired by Alaska's admission into the Union (Jan. 3, 1959). Consequently, the state's attempt to convey these lands to the city of Anchorage, and that city's attempted sale and lease of these lands, are invalid.

Counsel for the United States:
Douglas Bailey
U.S. Attorney
Box 680
Anchorage, AK 99502
(907) 277-1491

Counsel for City of Anchorage:
W.C. Arnold, Attorney
P.O. Box 2073
Anchorage, AK 99502
(907) 272-8401

Before: CHAMBERS, HAMLEY, and KILKENNY, Circuit Judges.