Richland Irrigation District v. United States

We have for consideration two appeals consolidated for hearing. The cases in which the appeals are taken were numbered 128-98 and 128-100 in the trial court.

The United States of America, in order to provide space for the Hanford atomic project situate in the state of Washington, instituted condemnation proceedings involving some 204,000 acres of land. Property in private ownership as well as properties of appellant Rich-land Irrigation District were taken. District properties are involved in the cases now before us. Two declarations of taking were filed. The declaration in case 128-98 was filed on May 20, 1944, while that in case 128-100 was filed on May 23, 1944. Lands taken under 128-98 had been acquired by the District through foreclosure actions. Declaration of taking in 128-100 was intended to take all the outstanding titles and interests of the District not taken and compensated for in suits against private landowners or in 128-98. In suit 128-98 a trial was had before the court sitting without a jury, a jury having been expressly waived.

In the 128-98 suit the Court valued the foreclosed lands together with appurtenant water rights in the sum of $114,017.72.…

(dissenting).

I dissent. First, I state that were the Schwellenbach formula described here-inabove and more fully outlined in United States v. Priest Rapids Irrigation District, 9 Cir., 175 F.2d 524 , before us for the first time, I might concur in Judge Denman’s dissent in that case.

The so-called Schwellenbach formula is worthy of Merlin, the magician. The formula works this way: the cases of the individual farmers who are suffering condemnation are brought on for trial. These owners attempt to show the nature and value of the irrigation system which serves them. This they are refused, and they are permitted only to show the value of the land with “an adequate water supply.” They are told the value of the assets of the irrigation district will be determined in a separate suit — Priest Rapids facilities will be valued in 128-99 and Richland in 128-100. 1 Then 128-99 and 128-100 come on for trial. The farmers who owned the districts are told (by the court telling their districts) that these cases against the districts take not valuable rights but only “bare bones”; that all the value in irrigation assets was taken when the farm land was taken from the individual landowners. The…

222 F.2d 112 RICHLAND IRRIGATION DISTRICT, Appellant, v. UNITED STATES of America, Appellee. No. 13542. United States Court of Appeals Ninth Circuit. April 27, 1955. Rehearing Denied August 10, 1955. Moulton, Powell, Gess & Loney, Kennewick, Wash., Charles L. Powell, Spokane, Wash., for appellant. Perry W. Morton, Asst. Atty. Gen., John F. Cotter, Edmund B. Clark, Special Assts. to Atty. Gen., Bernard H. Ramsey, Special Asst. to Atty. Gen., for appellee. Before BONE, ORR and CHAMBERS, Circuit Judges. ORR, Circuit Judge. 1 We have for consideration two appeals consolidated for hearing. The cases in which the appeals are taken were numbered 128-98 and 128-100 in the trial court. 2 The United States of America, in order to provide space for the Hanford atomic project situate in the state of Washington, instituted condemnation proceedings involving some 204,000 acres of land. Property in private ownership as well as properties of appellant Richland Irrigation District were taken. District properties are involved in the cases now before us. Two declarations of taking were filed. The declaration in case 128-98 was filed on May 20, 1944, while that in case 128-100 was filed on May…