Coos County Sheep Company, a Corporation, Howard Leatherman and Angela L. Leatherman, Husband and Wife v. United States

Appellants have appealed from the judgment of the District Court entered in a condemnation proceedings denying to them any compensation for the destruction of trees which were growing and standing adjacent to a power line owned and maintained by the United States of America pursuant to a written right-of-way easement owned by it.

No issue of fact is involved in this appeal since all of the facts were stipulated to and are contained in the pre-trial conference order signed by the District Court.

At the time of the institution of the condemnation proceedings, the appellants were the owners in fee simple of the real property described in the complaint and in the declaration of taking, subject to the rights of the United States as as-signee of certain easements or rights-of-way hereinafter described.

The record discloses that in 1929 the appellants’ predecessors in interest of the real property granted a right-of-way to the Califomia-Oregon Power Company. The material portion of that grant reads as follows:

After the execution and delivery of the grant to the right-of-way the grantee Power Company entered into the lands described therein and constructed across the same the…