Interior Alaska landowners sue state over fires on private land
by Amanda Bohman / abohman@newsminer.com
Sep 01, 2010 | 3618 views | 25 25 comments | 13 13 recommendations | email to a friend | print
FAIRBANKS — Private landowners want the state to pay damages for timber and foliage blighted when firefighters back-burned in an effort to stop wildfires southwest of Nenana last year.

The property owners have lots in the Dune Lake, Totek Lake and Teklanika Channel Lake subdivisions. The subdivisions surround small lakes in the flatlands west of the Teklanika River, off the road system.

Cindy Walker, Charles and Margaret Gray and the William Brewer family are asking the state for at least $100,000 in each of four lawsuits. William Brewer II owns most of the affected land — more than 30 lots. Charles Gray is a former publisher of the News-Miner.

“The point is, what’s a piece of burned-out property worth versus a piece of beautiful lakeside property?” said Bill Satterberg, who is representing the landowners. “You can’t just go around destroying people’s property and not pay for it.”

The lawsuits were filed in Superior Court at the Rabinowitz Courthouse this week. The state has not responded. Efforts to get a comment from the Alaska Department of Law were unsuccessful.

According to court filings, the wildfires involved were the Railbelt Complex Fires that burned west of Nenana in 2009.

The landowners claim the state failed to mop up after rains doused the fires and the fires re-ignited. The state decided to light back-fires on private property to create a fire line, suppressing the wildfires.

The back-fires destroyed timber and foliage on the private property, decreasing the properties’ value, according to the lawsuit.

Lighting the back-fires amounted to taking the land under eminent domain “for which just compensation is due under Article I, section 18 of the Alaska Constitution,” the court complaint stated.

“They basically scorched their property,” Satterberg said. “The only thing that didn’t get burned down were the cabins.”

Contact staff writer Amanda Bohman at 459-7544.
Comments
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TheBearAk
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September 03, 2010
Gee, I suppose the Firefighter could have just let it burn too.

This is the most absurd thing I've read in a long time.

To those who are suing, thanks again for WASTING tax dollars for your greed.

Oh, BTW - I have a cabin in the area. Thank you Firefighters for keeping the flames away from it!!
annettemcd
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September 02, 2010
The Railbelt Complex fire burned 100 square miles of wildlands. No structures burned; the gas drilling rig, timber, and Native allotments were all protected. No one can "put out" a fire of this size. The firefighters did a great job.

Fires are a natural process, part of the succession of the forests of Interior Alaska. This land is now going to be better moose habitat. It is already producing a great crop of mushrooms.

I hate the smoke, but I understand that there is nothing that can be done about it. Smoke in the summer comes with living in Interior Alaska and has since pre-history.

These people bought land from the state. They did not live there and did not even have cabins there. With thirty lots, they obviously bought this land as speculation for resale. Now this land has less value temporarily, but that is what happens with speculation --sometimes you win and sometimes you lose. Did they have sales lined up that they lost because of the lower value? Probably not. It is just going to take longer to sell the land. I have NO sympathy.
shootndrill
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September 02, 2010
That's the new American Way: Bailout time!
Cerberus
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September 02, 2010
Here again is why we are so messed up in this country. These are the same people that asked that we save their cabins, but now they want to be compensated for it. Before you go to court or criticize people for how firefighting and policies work. I would challenge you to four things.

1.Show up for public comment meetings

2.Become a firefighter.

3.Read the actual policies, some of your cabins are not in a protection area, some are not registered(trespass)

4.Report your structures to the firefighters prior to fires. I know some of you will not because you do not want to be taxed.
Samm_redux
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September 02, 2010
Looks like the State should have let the fire burn...

Why am I not surprised to see the name Satterberg associated with this law suit?
Oh_My_oh_my
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September 02, 2010
"Charles Gray is a former publisher of the News-Miner."

Says it all........

We'll be reading of this mess & greed for a spell.

AKobvious
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September 02, 2010
akcbnfvr-

During the course of your deep thinking I think you forgot that fire generates smoke. If they create new fire fighting policies to eliminate fires then the smoke will be eliminated, and hence, not much smoke coming into town.
akcbnfvr
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September 02, 2010
I agree with Alaskan_XL below. Tthese are just greedy Waa-waa-waa-whiners filing frivolous suits in hopes of getting some money out of their worthless scrub land. If you don't like the way the firefighters did it, do it yourself next time. The cabins were saved but some black spruce and scrub got burned up. So what? This has become a nation of lawsuit-happy pissNmoaners.

And AKobvious, it's obvious you're not a very deep thinker - you live in a developing boreal forest region so there is wildfire smoke each season, some worse than others. Government can not decide how mother nature is going to behave or where the smoke from wildfires may go. Get used to it or leave - those are the two choices.
fairbanksforever
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September 02, 2010
Firefighters saved our cabin during summer 2009. That was more than we could hope for. Sure, it's in the middle of a burn, but it will grow back. The men and women who spent weeks breathing smoke and stomping out fires are my heroes.
AKobvious
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September 02, 2010
What this suit really gets to is the bad policies in place for fighting fires - "Let it burn". Had the firefighters (hardworking and appreciated) put this fire out when the rains smother them. I think the State needs to be held accountable for this, and needs to come up with some new strategies to prevent smoke from coming into the city.
ProudToBeAMerkin
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September 02, 2010
What if the State intentionally set these people's cabins on fire, in order to prevent the fire from spreading to other public areas? Wouldn't they be entitled to compensation? How then is it any different that their land was intentionally set ablaze to provide a public good?
Alaskan_XL
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September 02, 2010
Really? Give me a break.

Raw land is valued just as it's named - LAND. As in dirt. Anyone with even a feeble understanding of real estate/property happenings knows this.

These jokers are just a bunch of greedy bums - one of them owns over 30 lots?!?! Pretty sure he'll find a way to "make ends meet" when it grows back in a few years.

The firefighters that worked this region last year are absolute ROCKSTARS - they did a phenomenal job in protecting property, including mine. I can't thank them enough for what they accomplished and how hard they worked.

I was one of the handful of property owners in the area that put in a significant amount of energy to PROTECT IT MYSELF well before the firefighters arrived - yard/lot lines brushed out, down/dead stuff thinned or chucked in the river, PROACTIVELY build your place with fire potential in mind. Not complex, just elbow grease and time.

If you are interested enough in this issue to want to change it, there's a process to do so - work with DNR to have the fire protection classification of the area changed to reflect what you think it needs to be. Contact the land manager (again in this case DNR) and see what can be done to alter the management plan, i.e., change from "point protection" (in this case structures) to area/plot protection, to build fireline around developed/subdivided areas, similar to what succeeded in Tok this summer.

Lawsuits don't solve the problem - even someone dimwitted enough to hire an attorney could have put in an effort to address it if they actually cared about their property.
crazyeskimo
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September 02, 2010
I hope it all comes back on them in the end. All the money they are spending on a lawyer. I enjoyed reading all the comments!! Just what I was thinking. Lets not forget the forestry crew that probably would have rather been with their families instead but they chose to protect these peoples houses. Next time let the fire burn them down!

This summer we had the power lines behind our house fall and catch the ground on fire. Thankfuly someone was home to call 911. If it wasn't for the fire department our house would be gone right now. Along with the other houses in our area. Highest respect for the forestry and all fire fighters.
Dove
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September 02, 2010
OK, I can see I'm not the only reader disgusted with some folks looking to sue ANYONE for a natural disaster.

Come on folks take some responsibility for your friggin lives. No pun intended, but I hope these sue happy folks get BURNED.
Dove
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September 02, 2010
Having not read all input into this law suit, however, my first reaction is,..."yeah, the firefighters should have let it burn, their house, their land" Can you sue regarding a natural dissater?

I suppose someone HAS to be at fault with a natural wildfire.
Adversary
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September 02, 2010
It makes no sense. The greater good for the greatest amount of people. Burning a few trees on their property to save countless cabins and lives? I think it is worth it. Fires are a natural disaster and these homeowners should be happy their land was saved by the firefighters.

And no, this isn't eminent domain, because they still own the land. It was not taken...it was merely used and the trees and foliage will grow back.

ChenaSteamer
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September 02, 2010
When you basically have a policy in place to let the wild fires pretty much burn in the state of Alaska it seems obviouse that there is going to be increased private propery damage. Had the fire been doused much, much earlier on outside Nenana, would it not be presumable that the reignited fire never would of happened? Some individuals harp the wild fires must be let to burn. Burt the flip side is a terrable increase in air pollution ruining many of our summers and dammage to private properties.
realism101
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September 02, 2010
The state should sue them for a frivolous lawsuit. If the state didn't protect the property (which is most likely not insured) they would blame the state. Now they blame the stae for protecting their property with not only resources but people's lives. Maybe the state should charge them for using state resources to put out a fire on their property.Ungrateful individuals.
AlaskaSmiles
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September 02, 2010
Oh yes, Pearl=W, you don't know what you're talking about - guess no one understands wildland firefighting. Notice that those pesky fires can "restart" on themselves after even a coooold, long, hard Alaskan winter? Tundra loves to smoulder underground lying in wait to strike again!
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