State Highway Commission v. Clackamas Water District

This is an action by the State Highway Commission to recover the cost of relocating defendant’s water pipeline necessitated by the construction of a section of Cascade Highway in Clackamas County. Defendant appeals from a judgment for plaintiff.

In 1927 defendant water district obtained permission from Clackamas County to lay water pipes along the right of ways of certain county roads. The permission granted was subject to the condition that the “District shall move or relay any pipes that may in the future interfere with any change of grade or relocation or other work on any Eoad * *

In I960…