United States v. 494.10 Acres of Land in Cowley County, Kansas, Robert L. Wilson, and the Union State Bank, Arkansas City, Kansas

SETH, Chief Judge.

This condemnation proceeding was instituted by the United States for the acquisition of land for the Kaw Lake Project as part of a plan for flood control in the Arkansas River Basin. A commission appointed by the district court under Fed.R.Civ.P. 71A(h) made an award to the appellants. This report was adopted by the court, the objections of the landowners overruled, and judgment was entered based on the report. On appeal, the appellants contend the commission erred in refusing to assign any value to the sand and gravel underlying their property.

The defendants-appellants,…