St. Regis Paper Company v. United States

This case involves a condemnee’s right to compensation for severance damage to its lands remaining after the taking due to the fact that the project involved has resulted in a reduction of the accessibility of those lands.

Appellant owns timberland in the State of Washington. By the Flood Control Act of 1950, 64 Stat. 163 , 180, the Eagle Gorge Reservoir Project and the Howard A. Hanson Dam were authorized. Four hundred twenty-seven acres of appellant’s lands have been taken in connection with these projects.

Adjoining appellant’s lands and traversing the proposed reservoir area was the main line of the Northern Pacific Railway. A spur track on appellant’s lands provided access to the main railroad line over which all timber taken from appellant’s lands was transported. The spur was operated under an industrial track agreement with the railroad by the terms of which the railroad had the right to discontinue service should it be required to alter its route in such manner as to make continuation of the service impracticable.

The reservoir project necessitated the relocation of the Northern Pacific line in such a manner as to render it inaccessible to the appellant in future…