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We Build Alaska

Unexplained halt of Fish Creek Trail Connection project prompts confusion, outrage

After decades of planning, the Fish Creek Trail Connection, which would follow an Alaska Railroad right-of-way and connect the existing Fish Creek Trail in Spenard with the Tony Knowles Coastal Trail, was fast becoming a reality. Anchorage voters approved funding for the trail via municipal bonds in 2021, 2022, 2023, and 2024, federal matching funds were secured, and the project team was moving forward with reviews and other planning processes. The trail project and the selected route had received overwhelming public support and the approval of many community organizations. Even the Railroad itself, long viewed as an obstacle to the completion of the trail, was now widely seen by trail advocates as a partner.

But last week, without warning, Alaska Department of Transportation and Public Facilities (DOT&PF) staff were ordered to stop all work on the trail and cancel all further outreach and events. The unexplained “pencils down” order has thrown the project into jeopardy, alarming trail advocates and fueling rampant speculation about the ability of powerful Alaskans to exert undue and harmful influence over Anchorage’s community infrastructure.

“There are some genuine safety concerns that we have…”

At the same time that DOT&PF ordered a halt to work on the project, Marathon Petroleum, which operates a pipeline in the Fish Creek corridor, was scheduled to give a fifteen-minute presentation to the Anchorage Metropolitan Area Transportation Solutions (AMATS) Technical Advisory Committee (TAC) to explain their opposition to current trail plans. The timing, and unusual nature of the presentation, raised eyebrows and led many trail advocates to view the two events as part of the same effort to kill the project.

In their presentation, which was given during the TAC’s December 5 meeting, Marathon stated that their “main concern” with current plans for the trail was that it would make a small above-ground pipeline valve more visible to public. The valve in question is located at the end of Coho Way, and has long been plainly visible from the north end of a pedestrian bridge crossing Northern Lights Boulevard.

“That trail goes right next to that block valve,” said Marathon, “so there’s some serious concerns with hundreds of people walking past our fence every single day, seeing that critical infrastructure. Seeing that valve.”

Marathon block valve

Slide from the Marathon presentation to the December 5 AMATS TAC meeting

Marathon also stated that their pipeline would have to run under or near paved portions of the Fish Creek Trail Connection, complicating pipeline maintenance.

Marathon repeatedly claimed that they support the trail in theory, but advocated for an alternate trail route that would add many millions of dollars to project costs and prevent it from proceeding, multiple people involved with the project told the Landmine.

“It’s obviously absurd.”

Project proponents immediately balked at Marathon’s justifications for opposing the project, both in public and while speaking to the Landmine, consistently describing them as non-credible.

In a follow-up public presentation to the TAC, Anchorage Parks and Recreation Director Mike Braniff noted that Marathon’s pipeline already runs below numerous paved transportation corridors, including Northern Lights Blvd, the Coastal Trail, and all three north/south runways at the Ted Stevens Anchorage Airport, and that above-ground block valves are already visible to the public in multiple locations.

The location of Marathon pipelines is indicated on Marathon’s website and on its free Pipeline Finder App.

“Why does exposure lead them to believe that there’s an increased risk for issues, when we have multiple utilities that people hike, walk, bike past on a daily basis in the Anchorage bowl?” one incredulous member of the public asked after Marathon’s TAC presentation. “It seems like they’re just using the potential of something happening as a leverage point.”

Speaking to the Landmine, Representative Zack Fields (D – Anchorage) described Marathon’s claims as “obviously absurd given how much of Marathon’s infrastructure is next to roads elsewhere.” Fields noted that Marathon’s infrastructure would be safer with more eyes on it, not fewer, and that Marathon did not seem to be taking any measures to better-protect their infrastructure elsewhere.

“It’s so bizarre,” Fields said, “that you can only wonder, you know, maybe one of these tiny number of landowners who doesn’t support the trail has a friend in Marathon.”

Marathon infrastructure and free pipeline locator app screenshot Marathon infrastructure and free pipeline locator app screenshot

Marathon infrastructure in Anchorage, with corresponding screenshots from Marathon’s free Pipeline Finder App. The Marathon app makes it easy for anyone to locate either below-ground or above-ground Marathon infrastructure in a variety of locations, from busy streets to relatively remote trails and undeveloped areas.

In response to a question from one AMATS member, another member noted that Marathon’s presentation itself was out of the ordinary. “I don’t think we’ve ever had a presentation from a stakeholder to the committee,” he said. A third member then followed with “We don’t typically allow stakeholders to come present on projects, ’cause it’s done through the project process. So this one is a little unusual. We received a request from the deputy commissioner of DOT, stepping in for some reason on this project.”

“It’s gonna destroy the value of my property. One hundred percent complete.”

Outright opposition to the Fish Creek Trail appears to originate largely from two private property owners: J.L. McCarrey, who owns property on the north end of the proposed trail, and John E. Haxby, who owns at least two properties near the southern end of the trail via a legal entity called Tiger Trust.

The Landmine has previously covered the McCarrey family’s effort to block the trail here.

John E. Haxby has stated in multiple forums that he believes the Fish Creek Trail Connection would be an infringement of his private property rights and would compromise his home and back yard. Municipal property maps indicate that Haxby’s back yard, like those of his neighbors, extends far past his municipally-recognized property line and into the Alaska Railroad right-of-way. The route selected by trail planners for the Fish Creek Trail Connection would not site the trail on Haxby’s recognized private property, but would route it through or past a portion of the Alaska Railroad right-of-way currently fenced off by Haxby.

John Haxby encroachment into Alaska Railroad right-of-way

The approximate location of Haxby’s property in relation to the Alaska Railroad right-of-way. The Landmine has highlighted Haxby’s municipally-recognized property line in green; the portion of Haxby’s back yard located in the Alaska Railroad right-of-way is indicated with a dashed red line.

In the TAC meeting, Haxby stated that the Fish Creek Trail Connection would result in the loss of his back yard, endanger his four-year-old twins, and devastate his property values. “It’s gonna destroy the value of my property,” Haxby stated, “One hundred percent complete.”

John Haxby speaks at the AMATS TAC meeting

Haxby, standing, speaks at the December 5, 2024 AMATS TAC meeting

After the meeting, Haxby explained to the Landmine that he believes the land underlying the Alaska Railroad right-of-way adjacent to his property is also, in fact, his personal private property. The Alaska Railroad, he claimed, only owns an easement for railroad, telegraph, and telephone services and other uses of the alleged easement constitute an unauthorized use of his private property.

In an e-mail to the Landmine, the Alaska Railroad disputed Haxby’s claims about his alleged control over the Alaska Railroad right-of-way. According to the Railroad, Haxby had previously sought and received a permit to maintain his back yard in their right-of-way, most recently renewing the permit in 2014, but he let the permit lapse in 2019 when the Railroad moved to a free and voluntary permit system. The Railroad told the Landmine that the Railroad holds “exclusive use rights” to their right-of-way, and that AS 42.40.420 in the Alaska Railroad Corporation Act allows the Railroad to authorize trails within that right-of-way.

Municipal plats dating back to 1971 indicate that Haxby’s property, which he purchased in 2018, ends at the edge of the Railroad right-of-way and does not extend into it. Haxby does not pay municipal taxes on land beyond his established property line.

Despite the questionable nature of Haxby’s land ownership claims, there is little doubt that he has leveraged considerable resources and political connections to halt the Fish Creek Trail Connection project. To aid his efforts, Haxby engaged Winfluence Strategies and Consulting, whose two-person team includes Representative-elect Chuck Kopp. Haxby and Winfluence have met with Marathon and have walked the project site with Anchorage Mayor Suzanne LaFrance. Haxby and Kopp separately told the Landmine that they had contacted and engaged with members of Governor Mike Dunleavy’s (R – Alaska) Office regarding the trail. Haxby told the Landmine that Alaska DOT&PF Commissioner Ryan Anderson visited his house, and at that time expressed strong disapproval for the trail.

Political donation records show that Haxby has also made a number of large donations to government officials in recent years. These include $500 donations to both Senator Matt Claman (D – Anchorage) and Chuck Kopp in 2024, $17,000 in three separate donations to then-Senator and incoming Representative Mia Costello between 2022 and 2024, and a $3,300 donation to the 2024 U.S. House campaign of Lieutenant Governor Nancy Dahlstrom (R – Alaska).

The web of political connections that could underlie the halting of the Fish Creek Trail Connection project is complex, but most trail advocates who spoke with the Landmine suspect that the “pencils down” order came from the upper levels of state government.

“I think the most plausible explanation [for the halting of the Fish Creek Trail Connection project] is that Haxby or McCarrey has a connection to the governor,” Representative Fields told the Landmine.

“We call on DOT&PF leadership to provide an immediate and comprehensive explanation…”

At the TAC meeting, individuals and representatives from community organizations expressed shock and outrage over the notion that, behind closed doors, a single person or small group of people had apparently put the brakes on a multimillion-dollar trail project planned for decades and overwhelmingly supported by the community.

In a December 9 letter addressed to Alaska DOT&PF officials, Bike Anchorage executive director Alexa Dobson stated, “The entire room was shocked to hear of the project’s disruption, because it appears to have sidestepped the public process entirely. As of this writing, the official project website contains no information about the project being ‘on hold,’ and we can locate no press releases, social media posts, newsletters, interviews, or any other form of public communication indicating DOT&PF’s change to the project status. This is a public project, funded by public dollars, intended to benefit the public. As such, it demands full public transparency.”

Dobson called on DOT&PF to provide a comprehensive explanation for the project’s termination. Few additional clues about what happened have emerged since the TAC meeting last week, leaving trail advocates frustrated and unsure of how to direct their efforts.

A representative from Anchorage mayor Suzanne LaFrance’s office told the Landmine that the mayor supports trails, recognizes the need for a safe north-south trail in the Fish Creek area, and takes the concerns of affected parties seriously. The e-mail stated that the city would be sending letters to J.L. McCarrey and John Haxby clarifying its position later this week.

The Landmine contacted Marathon Petroleum to ask whether any member of Alaska government had told Marathon the company would face consequences if they did not oppose the current Fish Creek Trail Connection plan. Marathon repeatedly declined to answer the question, instead offering a generic statement consistent with earlier public statements.

Alaska DOT&PF Commissioner Ryan Anderson did not answer a December 8 e-mail asking about his role in the project shutdown and about the accuracy of Haxby’s characterization of their meeting.

Governor Dunleavy’s office did not respond to a December 5 e-mail asking whether the Governor or Governor’s office were involved in the halting of the project.

“Everybody loves it now.”

Following the Landmine’s initial reporting on the McCarrey family’s efforts to block the Fish Creek Trail Connection last year, the Landmine spoke with Heather Flynn about the history of Anchorage’s nonmotorized trails. Flynn served on the Anchorage Assembly for a decade during the 80s and 90s, and was instrumental in the creation of the Chester Creek Trail and the Coastal Trail.

Flynn told the Landmine that she arrived in Alaska in 1968 and bought her first bicycle in 1969. Many Anchorage residents wanted safe biking options for themselves and their families, she said, but the city’s infrastructure was deficient and dangerous. The paved bike paths winding through Anchorage’s greenbelts today, she recounted, were then just a tangle of unimproved dirt paths and there were no safe crossings at major roadways.

Building the Coastal Trail was extraordinarily difficult due to resistance from Turnagain residents who were worried about safety and property values, she said. Bob Atwood, the longtime publisher of the Anchorage Times, was “totally and completely against [the trail].”

But once the Coastal Trail was complete, Flynn told the Landmine, residents began using it and the narrative changed almost overnight. The trail quickly became a source of neighborhood pride and one of the biggest selling points for homes in the area. Bob Atwood, she said with a laugh, could soon be found walking it almost daily.

“Even the grumpy old farts finally came around,” she said.

Chester Creek Trail

The Chester Creek Trail
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Justin Therriault
1 month ago

Excellent article! Once again we are talking about a few people who are actively trying to shaft the rest of the community because, “MuH pRoPeRTy vaLUe!” In reality some of the most expensive properties in town are at Westchester Lagoon, just down the trail. Also worth noting that on the south end of the preferred trail alternative the pedestrian bridge that already exists was built in memory of David E. Blake, a 9 year old killed by a driver on his way to school in 1984. Haxby’s own family will be safer using the Fish Creek Trail. He is so… Read more »

Losefluence
1 month ago

It’s clear that John has become extremely emotional about the trail and is catastrophizing about it. He always brings up his four-year-old twins when arguing against the trail, as if it’s self-evident that children are unable to live next to a bike path (news to the wealthy families who live along the Coastal Trail I’m sure!). Meanwhile, John does not seem to care one bit about the safety of the thousands upon thousands of children who would be objectively safer if they could use this trail instead of being pushed into the roads with vehicles! Bottom line is John and… Read more »

Justin Therriault
1 month ago

https://form.jotform.com/243036269036152

The above link will take people to a petition from the Fish Creek Trail to the Ocean Working Group, showing there is strong political will to get this trail built!

Tom
1 month ago

Excellent report, Paxson. Thorough. On point. Very disappointing, but not very surprising. Is there any hook for trail advocates to litigate?

Diana Rhoades
1 month ago

Thank you for this investigative reporting. Anchorage residents love trails! Many thanks to the Alaska Railroad for recognizing this and agreeing to honor the dreams of Anchorage voters. There is room at the table for Marathon as well. Let’s do this!

Gretchen
1 month ago

It is absolutely shameful that Haxby’s entitlement to public railroad land that isn’t even his is treated as legitimate, but the safety of 30,000+ families who live in Spenard and Lake Hood is treated like an afterthought. EVERY person in this city is a stakeholder. Right now, traveling through that area puts bikers and families on a lot of BAD streets, including Forest Park Drive, which has no sidewalks and is often used for speeding because it is straight. What’s so unreasonable about bikers just continuing off the north end of the pedestrian bridge straight along the tracks to the… Read more »

LisaV
1 month ago
Reply to  Gretchen

Not to mention that Forest Park Drive is a main access road to West High School, and is therefore clogged with cars during morning rush hour. I am sure all of this has been thoroughly examined during the public process. AK DOT has made a number of very public and very bad moves in the last two years, and this is yet another example.

Losefluence
1 month ago
Reply to  LisaV

One interesting part of this is that the neighbors on Forest Park Drive have repeatedly told the muni that they don’t want a sidewalk on the street. John isn’t the only NIMBY involved here… plenty of people willing to endanger pedestrians and bikers for no good reason in this town.

Allen
1 month ago
Reply to  Gretchen

It’s not necessarily “public railroad land.” Although a municipal plat map may show a right of way as a separate parcel, a right of way is only an easement allowing certain uses of the underlying land, but the land underlying the right of way drawing is still owned by landowner “adjacent” to the pictured right of way, with full ownership rights subject to the easement. Unfortunately over the last few decades municipalities and other easement holders like the railroad and State of Alaska DNR have gotten very aggressive over these easements, acting like they own the land and can do… Read more »

AKAtty
1 month ago
Reply to  Allen

There is no evidence whatsoever that Haxby owns the land underlying the railroad right of way. It isn’t reflected in any deeds, or in any plats. His belief that imaginary lines (as determined by him) extend from his property to the center line of the railroad has no basis in fact at all. Haxby bought his property in 2018, and his property lines were made abundantly clear at that time. Even if the AKRR only had an easement for limited use, Haxby wouldn’t own the underlying land any more than you or I would. Proximity to another property in no… Read more »

Bob
1 month ago
Reply to  Allen

AKRR has rights that are exclusive and currently recognized and very different than a normal utility easement.

A great example for explanation that went to the 9th circuit recently:

https://cdn.ca9.uscourts.gov/datastore/opinions/2023/12/29/22-35573.pdf

David Wight
1 month ago

As an avid park and trail user and a long term member of the Anchorage Park Foundation Board, if in fact that years of comprehensive, community and neighborhood involvement along with professional development have been stopped by two people that have benefited long term from use of Alaska Railroad ROW, it is an unconscionable afront to the Anchorage community at large. These parties clearly know they do not have ownership of the right of way included in the project. They have for years applied for permits to use the ROW I have been involved in trails for many years including… Read more »

Losefluence
1 month ago

Is Marathon subject to a public records request? If not, someone needs to put in a request to the governor’s office and DOT. As someone who has been familiar with the area for over ten years, Marathon is without question lying through their teeth about the visibility of the pipe valve being an issue. That valve has always been visible. There is also a similar valve installation along the Coastal Trail. If anyone wanted to mess with their pipe, they could. Has anyone ever done it? Not that anyone (including Marathon) has said. Their opposition to the trail is obviously… Read more »

Dr Ben Dover
1 month ago

I remember hearing about an article from the landmine being published about the Stewart Trail soon. I know Brandy Pennington was threatening to use her lawyers against the Landmine from publishing. Anyone who knows her is aware of how litigious she is. I hope the article didn’t get killed.

Jim Bob
1 month ago
Reply to  Paxson Woelber

Is Fake Doctor Begich still threatening to sue ?

More hypocrisy from so-called fiscal conservatives
1 month ago

There is a lot of irony that someone who donates tens of thousands of dollars to Republicans, who constantly go on and on about government waste, thinks that the government should waste $20 million just to reroute a public bike path so it doesn’t travel on public land near his house.

Haxby isn’t a party to this infrastructure project any more than anyone else in Anchorage. He has no standing at all to make these ridiculous, financially absurd, time-wasting demands. And he needs to be reminded of that, frankly.

AKtrailuser
1 month ago

Haxby, McCarrey and Marathon are more than welcome to pony up the money for one of the alternative routes.

Justin Therriault
1 month ago
Reply to  AKtrailuser

Here is the thing though, while Haxby and McCarrey have both hired Winfluence (aka newly re-elected and now projected house majority leader Chuck Kopp) to say that, “We just need a different alternative!” Neither of them want that. Especially since McCarrey is opposed to the trail in any and every form. They are smart enough to know that by saying that they just need an alternative route that the trail will be dead. The public clearly stated in feedback that we do not want the trail built in estuary lands. The LaHonda Drive option would increase estimated project costs *checks… Read more »

Reggie Taylor
1 month ago

“……..Haxby explained to the Landmine that he believes the land underlying the Alaska Railroad right-of-way adjacent to his property is also, in fact, his personal private property. The Alaska Railroad, he claimed, only owns an easement for railroad, telegraph, and telephone services and other uses of the alleged easement constitute an unauthorized use of his private property……..”
This is a lie. The weasel word “believes” is lawyer-language. That railroad right-of-way existed before Anchorage did. It existed before the first homesteader homesteaded there. In fact, that first homesteader homesteaded there because the railroad was there.