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RANDS v. UNITED STATES

No. 20280.

367 F.2d 186 (1966)

R. B. RANDS et ux., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

October 7, 1966.

Attorney(s) appearing for the Case

Alex L. Parks, Lloyd B. Ericsson, Dusenbery, Martin, Beatty & Parks, Portland, Or., Robert B. Abrams, Mahoney & Abrams, Heppner, Or., for appellants.

Edwin L. Weisl, Jr., Asst. Atty. Gen., Roger P. Marquis, A. Donald Mileur, Attys., U. S. Dept. of Justice, Washington, D. C., Sidney I. Lezak, U. S. Atty., Joseph E. Buley, Asst. U. S. Atty., Portland, Or., for appellee.

Corey, Byler & Rew, Pendleton, Or., George W. Mead, Portland, Or., for amicus curiae, Pendleton Grain Growers.

Before BARNES, KOELSCH and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge.

Appellants owned two tracts of land along the Columbia River, about six miles upstream from the present John Day Dam. On November 1, 1962, they leased this and other property to the state of Oregon, which wanted it for an industrial park. That industrial development, for maximum utility, required access to the Columbia River; because two railroads and the United States owned most of the land along the river, appellants' property was especially...

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