Alaska Mental Health Enabling Act - Aftermath

Aftermath

Following the passage of the act, an Alaska Mental Health Trust was set up to administer the land and grants appropriated to fund the Alaskan mental health program. During the 1970s, the issue of the trust's land became increasingly controversial, with the state coming under increasing pressure to develop the land for private and recreational use. In 1978, the Alaska Legislature passed a law to abolish the trust and transfer the most valuable parcels of lands to private individuals and the government. By 1982, 40,000 acres (160 km2) had been conveyed to municipalities, 50,000 acres (200 km2) transferred to individuals, and slightly over 350,000 acres (1,400 km2) designated as forests, parks or wildlife areas. Around 35 percent of the land trust remained unencumbered and in state ownership.

The loss of the land and the revenue earned from it had a severe effect on mental health care in the state. In 1982, Alaska resident Vern Weiss filed a lawsuit on behalf of his son, who required mental health services that were not available in Alaska. The case of Weiss v State of Alaska eventually became a class action lawsuit involving a range of mental health care groups. The Alaska Supreme Court ruled in 1985 that the abolition of the trust had been illegal and ordered it to be reconstituted. However, as much of the original land had been transferred away, the parties had to undergo a long and complex series of negotiations to resolve the situation. A final settlement was reached in 1994 in which the trust was reconstituted with 500,000 acres (2,000 km2) of original trust land, 500,000 acres (2,000 km2) of replacement land, and $200 million to replace lost income and assets.