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

FACTS

On May 25, 1975, appellee Peterson obtained a rock quarry lease from Bruce Starker. The lease was to expire on December 31, 1979, and it contained no renewal clause or provision. The lease also permitted Peterson to use an existing road to haul rock from the quarry.

Apparently, this access road was not adequate for Peterson's use. In December 1975, he obtained a road easement over property owned by Ray Ziegler. The Starker property that Peterson leased was separated from the Ziegler property by a parcel of state land. In April 1976, the State of Washington issued Peterson a road use permit that was to expire on February 1, 1977. Peterson then constructed a road connecting his quarry to the Ziegler road easement, which was completed in July, 1976.

On March 25, 1976, the United States filed a condemnation complaint to acquire part of the Ziegler property over which Peterson’s road easement ran. The property was needed to relocate a road and railroad tracks in connection with the construction of a powerhouse for the Bonneville Lock and Dam project. On April 1, 1976, the district court authorized the government to take possession of the condemned property. In September, 1977,…