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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 WITH 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 follows: