Take Action to Protect the Fish Creek Trail

A bill scheduled for a hearing with public testimony on Tuesday, May 6 at 1:00 PM in the Alaska House Transportation Committee could stop the long-awaited Fish Creek Trail extension, and potentially derail other trail projects across the state.

We need your voice to help stop HB 136.

What’s at stake?

The Fish Creek Trail Connection is a one-mile trail segment in West Anchorage that will finally link two existing greenbelt trails, completing a decades-old vision for safe, connected, non-motorized travel. It’s been through years of public process, environmental review, and design. Voters have approved it via public bonds every year since 2021. The city has already spent more than $1 million on planning and design.

Now, a new piece of legislation, HB 136, could block this project and others like it.

What does HB 136 do?

HB 136 introduces new language that elevates the interests of adjacent landowners over public use of railroad corridors. Specifically, it states that if a landowner’s use of land within the railroad corridor does not "unreasonably interfere with the [Railroad] corporation's use of the property for the purpose of the easement," then their use should be allowed.

On paper, this might sound harmless. In practice, it’s a legal wedge that could give adjacent property owners the ability to block public projects like trails near their property.

The ability to affect trail projects turns on the phrase “use of the property for the purpose of the easement.” The idea is that the purpose of the easement refers strictly to railroad operations, so an individual’s desire to use that land as part of their backyard would supersede other common uses of railroad corridors, such as public trail projects.

This bill is directly tied to a long-standing effort by a few landowners to stop the Fish Creek Trail connection. One of those individuals signed on to an amicus brief in a related lawsuit last year, specifically stating their goal was to stop the Fish Creek trail from being built. The Railroad won that case and it was upheld by the Supreme Court, but now, HB 136 is being used to achieve the same goal through political means.

If HB 136 becomes law, the Municipality of Anchorage may be forced to cancel the Fish Creek project entirely, and return the federal money already spent on planning and design. It would also set a dangerous precedent for other trail projects along railroad corridors, like the Downtown Trail Connection and parts of the Alaska Long Trail.

How to take action

1. Submit written testimony before the hearing.

Email your message to the House Transportation Committee: [email protected]

Talking points you can include:

• HB 136 would allow private landowners to block trails and other public infrastructure in the railroad corridor.
  
  
• The Fish Creek Trail, which has broad public support and funding already in place, could be canceled if this bill passes, and the Municipality of Anchorage would have to pay back over $1 million in federal funding.
  
  
• This sets a dangerous precedent for trail projects statewide, such as the Alaska Long Trail.
  
  
• Trails make our communities safer, healthier, and more connected. We shouldn’t prioritize private interests over public access.

2. Get ready to testify at the hearing - Tuesday, May 6 at 1:00 PM.

Call-in information:

Anchorage callers – (907) 563-9085
All other callers – (844) 586-9085

You can call in 15 minutes before the meeting starts to get in the queue to speak. Comments will likely be limited to 2-3 minutes.