Legal Opinion

Chapman v. Public Utility District No. 1

Court of Appeals for the Ninth Circuit

Decided October 7, 1966No. Nos. 20059, 20060PublishedCited by 6 opinions

1Opinion of the Court

BROWNING, Circuit Judge.

Appellee holds a license from the Federal Power Commission to construct, operate and maintain the Wells Hydroelectric Project on the Columbia River in the Counties of Douglas, Chelan and Okanogan, in the State of Washington.

Appellee brought this action under 16 U.S.C. § 814 to condemn the fee title to two parcels of land, alleging that the taking was necessary for the purposes stated in its license.

The landowners maintain that appellee can condemn only a flowage easement, and not the fee, for two reasons: (1) because a flowage easement would fully satisfy the purposes…

2Cases cited27 opinions

  1. Kohl v. United StatesSupreme Court of the United States · 1876
  2. City of Tacoma v. Taxpayers of TacomaSupreme Court of the United States · 1958
  3. United States v. CarmackSupreme Court of the United States · 1947
  4. Federal Power Commission v. Tuscarora Indian NationSupreme Court of the United States · 1960
  5. Rindge Co. v. County of Los AngelesSupreme Court of the United States · 1923

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3Cited by6 opinions

  1. Georgia Power Co. v. 54.20 Acres of LandCourt of Appeals for the Fifth Circuit · 1977
  2. J.W. v. City of TacomaCourt of Appeals for the Ninth Circuit · 1983
  3. Melvin G. Chapman and Dorothy A. Chapman v. Public Utility District No. 1 of Douglas County, Washington, a Corporation, Jack F. Nickell, Zella Nickell, David L. Nickell and Elaine Violet Nickell v. Public Utility District No. 1 of Douglas County, Washington, a CorporationCourt of Appeals for the Ninth Circuit · 1966
  4. Marks v. City Council of City of Chesapeake, Va.District Court, E.D. Virginia · 1988
  5. J.W., K.W., L.J., T.S., L.S., F.S., P.G., and Else Blount v. City of Tacoma, Washington Mike Parker, Mayor of the City of Tacoma: Tim Strege, Barbara Bischel, John Hawkins, Douglas Sutherland, Jack Hyde, Steve Kirby, Hal Nielsen and Peter Rasmussen, Members of the Tacoma City Council Erling Mork, City Manager of the City of Tacoma Robert Hamilton, City Attorney of the City of Tacoma Ben Thompson, Chief, Building Division of the City of Tacoma in Their Official Capacities and Their Officers, Agents, Employees and SuccessorsCourt of Appeals for the Ninth Circuit · 1983

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