UNITED STATES v. HOWELL

Civ. No. 64-269.

251 F.Supp. 787 (1965)

UNITED STATES of America, Plaintiff, v. Clarence R. HOWELL, Robert C. Smith and Joyce E. Smith, et al., Defendants.

United States District Court D. Oregon.

November 10, 1965.


Attorney(s) appearing for the Case

Joseph E. Buley, Asst. U. S. Atty., Portland, Or., for plaintiff.

George H. Corey and Alex M. Byler, of Corey, Byler & Rew, Pendleton, Or., for defendants.


KILKENNY, District Judge.

Defendant, West Extension Irrigation District (District), a quasi-public corporation, organized under the laws of the state of Oregon, claims, in this condemnation proceeding, a compensable interest over and above the just compensation awarded to the owners of the fee. It is admitted that six acres of the land condemned was subject to an annual assessment by the District, for operation and maintenance charges.

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