United States v. 18.2 Acres of Land, More or Less, in the County of Butte

This condemnation action had its origins in 1972, when the Bureau of Land Management (BLM) commenced negotiations with defendant Diamond International Corporation, formerly Diamond Match Company, for the purpose of obtaining a permanent, exclusive easement over a part of Road No. 3607 owned.by Diamond in Butte County, California. Road No. 3607 provides access to an area subject to a timber sale contract between the United States and the Southern Oregon Land and Timber Company. Additionally, Road 3607 leads to unimproved public domain lands at the Forks of the Butte, a, scenic wooded area in the Butte Creek Canyon.

Diamond refused to grant the interest sought but offered the BLM two lesser interests which would provide timber access. The BLM refused Diamond’s offer because it would not grant the public access to the'Forks of the Butte.

After negotiations eventually broke down, the United States filed the instant condemnation action in this court on April 1, 1975, seeking a permanent, exclusive easement over Diamond’s portion of the road. Two days later, in an ex parte proceeding, the United States was granted an order of delivery of possession.

' Defendant filed an…