Alaska SCT Holds State Courts Cannot Adjudicate Restricted Alaska Native Townsite Titles

Here is the opinion in Hawkins v. Attatayuk.

An excerpt:

Harold Hawkins and Rosalind Attatayuk married and lived together in St. Michael until 1981, when they dissolved their marriage. Hawkins was awarded the couple’s home in the dissolution and continued to reside on the property, which was federally owned. In 1993 Attatayuk applied for and received a restricted townsite deed to the land by allegedly fraudulent means. She brought a trespass action against Hawkins, alleging that she had undisputed title to the land. Hawkins denied this allegation. The superior court ruled on summary judgment that Attatayuk’s restricted townsite deed gave her title to the land. Because Alaska state courts do not have subject matter jurisdiction to adjudicate title or right to possession of restricted townsite property, the only issue presented in this appeal is whether the superior court adjudicated title to the land in question. We hold that the superior court did adjudicate title and, as a result, exceeded its jurisdiction.