Marion T. Weatherford and Leona M. Weatherford v. United States

This is an appeal by landowners from a judgment entered after a court trial in an eminent domain proceeding. In 1948, appellants Marion and Leona Weatherford acquired an easement extending, generally, from the Columbia River to their dry farm land about eleven miles away. The easement and the land in question are near the town of Arlington, Oregon. The easement was for construction and maintenance of an irrigation pipe line from the Columbia River to the Weatherfords’ property. Irrigation facilities have never been constructed on the easement, although the Weather-fords conducted certain feasibility studies for this purpose.

In 1962, in connection with the John Day Lock and Dam Project, the United States undertook the relocation of U. S. Highway 30 in the vicinity of the subject properties. As part of the highway relocation for this purpose, the Government condemned a large tract of land, including part of the Weatherfords’ easement. Through oversight, however, the United States did not include the easement in the declaration of taking.

In 1972, the Weatherfords filed a quiet title action to determine their rights in the easement. The district court found that the appellants…