United States v. 179.26 Acres of Land in Douglas County, Kansas Charles A. Walter

BARRETT, Circuit Judge.

The United States of America (Government) appeals an award of damages entered for land condemned pursuant to Fed.Rules Civ.Proc. rule 71A(h), 28 U.S.C.A. The Government challenges the District Court’s judgment approving and confirming the Commission’s report determining the land’s fair market value. The appellees, Charles A. Walter and Ella M. Walter, his wife, were the owners of the land. They will be hereafter referred to as landowner or Walter.

Succinctly, on appeal the Government challenges the Commission’s determination-finding that limestone underlying a portion of…