United States v. Weyerhaeuser Company, a Washington Corporation, and Crown Zellerbach Corporation, a Nevada Corporation

The United States brought a condemnation action against Weyerhaeuser Company (Weyerhaeuser) and Crown Zellerbach Corporation (Crown) to secure an easement over portions of an existing forest access road used for hauling timber. Weyerhaeuser and Crown had been receiving payments from the government for use of the road in the removal of federal timber. They claimed that just compensation includes an element of value arising from the expectancy of continued government payments for use of the road for timber removal. The district court segregated this issue for separate trial pursuant to Rule 42(b), Fed.R. Civ.P., and rejected the claim that such value should be considered. The district judge also declared that the issue involved a controlling question of law as to which there is substantial ground for difference of opinion and that immediate appeal of this interlocutory order might materially advance the litigation. We agreed and, pursuant to 28 U.S.C. § 1292 (b), granted the petition of Weyerhaeuser and Crown for leave to appeal. We affirm.

Weyerhaeuser and Crown, own large amounts of timberland in the Molalla watershed area of Oregon. The only other substantial owner is…