From the Garden

Forest Service Charges Inholder $30,000 For Efforts To Create Access To Property

Written by Kevin Garden | Apr 25, 2025 8:22:35 PM

The Forest Service recently imposed charges of $30,000 on an inholder based on the agency’s view that the inholder improperly improved an existing roadbed so that it could access its property. The inholder had purchased property that was completely surrounded by a national forest. While there was an unimproved forest road leading to the property, the forest road was dangerous to travel on and the only reasonable and safe access to the property was on a prior roadbed which had not been used for several years. The property owner believed in good faith that it could improve the roadbed to restore access. The agency, however, alleged that the road had been decommissioned and that the property owner’s efforts constituted trespass. The property owner is currently challenging the agency’s decision and seeking a right to improve the roadbed pursuant to the Alaska National Interest Lands Conservation Act which gives inholders a statutory right to reasonable access to their property.