On Tuesday, April 1, 2025, MSLF attorney Ivan London testified before the Alaska House Transportation Committee to address proposed legislation aimed at reigning in the Alaska Railroad Corporation’s use of its easements over private property as brought to the Supreme Court’s attention in the Flying Crown case—a legal battle over landowner access and the scope of easements held by the Alaska Railroad Corporation.
In Flying Crown Subdivision v. Alaska Railroad Corporation, the Ninth Circuit ruled that the Railroad Corporation inherited exclusive-use easements from the federal government, allowing it to block landowners from using their own property for any reason, not just for railroad safety or operations. This decision was based on the panel’s interpretation of early 20th-century federal railroad policy in Alaska, which it likened to pre-1875 Western railroads that granted near-total control to railroad operators.
While the U.S. Supreme Court declined to review the case, Alaska legislators are now working to address the issue directly. The proposed legislation seeks to clarify that the Railroad Corporation, as a public entity created by state law, must abide by state-law restrictions on the exercise of its easements—restoring landowners’ rights and reining in the Railroad Corporation. In essence, because the Alaska Legislature created the Railroad Corporation, the Legislature can also put limits on how the Railroad Corporation behaves. Mr. London’s testimony provided critical legal insight into how the legislature can correct course and ensure property rights are respected.
To hear the testimony, click here! Mr. London’s remarks begin at 1 hour and 28 minutes.
