D. Denardo v. State of Alaska (12/23/94),
THE SUPREME COURT OF THE STATE OF ALASKA
http://touchngo.com/sp/html/sp-4156.htm
Daniel DeNardo claims interests in five islands which lie north of Siberia in the Arctic Ocean: Wrangel, Herald, Henrietta, Bennett and Jeannette. When he attempted to record these interests in the Nome recording district, the recorder refused to accept DeNardo’s documents, taking the position that the islands are not within the Nome recording district.
DeNardo sued, seeking equitable relief and damages. He alleged that “[t]he State of Alaska being responsible for the designation of the recording district must designate a place of recordation for plaintiff's property rights as it has recorded other’s [sic] property rights in the state of Alaska.”
The State moved to dismiss, claiming that it lacks authority to designate recording districts for the Arctic Islands. The State's motion was granted. DeNardo appeals. We affirm.
The Arctic Islands are not located within the Nome recording district or any of the State's other thirty-three recording districts. Under AS 40.17.020(a), DeNardo’s documents may not be recorded in any recording district in Alaska.
Moreover, the State has no duty to create a recording district for the Arctic Islands, as it is not governing them. The question of sovereignty over the Arctic Islands is a subject committed to the executive and legislative branches of the United States government. See United States v. Louisiana, 363 U.S. 1, 35 (1960). Until and unless the United States government indicates that the Arctic Islands are part of the State of Alaska, the State has no duty to accept for recording documents affecting title to real property on the islands.
It does not matter what the court has ruled. It is a claim that can be still made. And the abandonment of the claim could have severe repercussions on oil exploration. This is Joe Millar’s point, and one you seem to insist on continuing to miss. Why?