United States v. 57.09 Acres of Land, More or Less, Situate in Skamania County, State of Washington

This appeal arises from a condemnation action brought by the United States Government. Appellants Peterson and the State of Washington both owned easements over the condemned tract to gain access to their respective properties. Both parties were compensated for the value of the condemned easements. The question in this appeal is whether they are additionally entitled to severance damages representing the reduction in value of the properties which were served by the easements.

The district court awarded summary judgment to the United States on the ground that Peterson and the state could not recover severance damages because they each owned only an easement over the condemned tract, and not the underlying fee. We reverse.

The district court relied on United States v. Honolulu Plantation Co., 182 F.2d 172 (9th Cir.), cert. denied, 340 U.S. 820 , 71 S.Ct. 51 , 95 L.Ed. 602 (1950). Honolulu Plantation is inapposite, however, because the party seeking severance damages in that case had no interest whatsoever in the land which had been condemned. Furthermore, the district court’s reasoning in this case conflicts with the United States Supreme Court decisions holding that the owner of…