Columbia Irrigation District, a Corporation v. United States of America, State of Washington v. United States

Good Law
268 F.2d 128·1959 U.S. App. LEXIS 5024
United States Court of Appeals for the Ninth CircuitApril 22, 195916047California1,881 words

Opinion

Opinion

Fee, J.

This proceeding was instituted by the United States in December, 1952, to acquire all right, title and interest erf Columbia Irrigation District in 3,479.73 acres of land for use in connection with the McNary Lock and Dam Project. Possession was granted effective March 31, 1953. An amended complaint was filed in December, 1954, to acquire the fee simple title to Parcel I, consisting of 13 tracts of land and containing 132.42 acres, all right, title and interest of Columbia Irrigation District, which is the parcel here in controversy, consisting of 11 segments containing 3,292.71 acres, which is Parcel II, and perpetual easements for fiowage purposes and for a drainage ditch over 2 tracts containing a total of 0.58 of an acre, designated as Parcel III. The three parcels were physically contiguous.

The State of Washington had not orginally been joined as a party. But in December, 1955, the State was added as a party so that any claim it had as a holder of bonds which were a lien upon the real property of the District could be adjudicated.

In June, 1956, the government filed a petition for judgment as to Parcel II, asking, among other things, that a decree be entered determining…

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