John Lund bought his dream home—a quiet parcel of land near his childhood home in Portland, Oregon—in 2004. Along with the land, he unknowingly inherited a thorny legal issue: a now decade-long fight against a federal utility claiming a right to use his private property without paying for it.
In 1955, the Bonneville Power Administration (BPA) secured a formal “easement”—a government contract to use private land for a defined public purpose, in exchange for reasonable compensation to the property owner. The easement allowed the agency to build and maintain power lines in an area overlapping John’s property. However, because BPA failed to establish an easement for accessing those lines, the agency could only lawfully access the power lines because John and his neighbors allowed BPA to use a private road crossing their properties.
In communications with John, BPA repeatedly noted that it did not have any legal right to that road and would need to formally secure access at some point. The agency began official negotiations for a road easement in 2014.
John was willing to accept BPA’s easement negotiations if the agency agreed to maintain the road. He was growing concerned about runoff affecting the safety of his land’s water supply and sought to confirm that BPA would look after the land it wanted to take ownership of.
BPA refused.
After negotiations fell through, John revoked permission for BPA to access the road on his private property. The agency ignored him and continued to enter his land. Then, BPA began claiming it had an “implied” right to use his property under the 1955 easement.
“The Supreme Court has consistently held that when the government takes an easement, it must pay just compensation. By not paying Mr. Lund for the right to use Reeher Road, BPA unconstitutionally took private property without paying just compensation,” Pacific Legal Foundation wrote in a brief filed June 17, 2024.
In December 2019, John sued to protect his property and to ensure that the government could not use its claim of an “implied easement” to take others’ property the way it tried to take his.
The government, like anyone else, must abide by the agreements it makes. It cannot change the terms of settled agreements to suit its own desires, nor can it take private property without permission or just compensation.
Shortly after taking up this legal battle for the homeowners of the Pacific Northwest, John passed away. His widow, Kristy Lund, and an estate established to carry out his legacy now continue John’s fight alongside attorneys from the Pacific Legal Foundation.
What’s At Stake?
- The government, like anyone else, must abide by the agreements it makes. It cannot change the terms of settled agreements to suit its own desires, nor can it take private property without permission or just compensation.
