Roberts v. Upper Verdigris Watershed Joint District No. 24

The opinion of the court was delivered by

Parker, C. J.:

This is an appeal challenging the procedure followed by the trial court in an appeal from a condemnation award.

The facts which present the procedural questions may be briefly stated.

The Upper Verdigris Watershed Joint District No. 24, Chase, Lyon, Greenwood, Woodson and Coffey Counties, Kansas, filed a petition, under G. S. 1949, 24-438, to condemn certain land of the plaintiffs, consisting of all portions of the landowners’ land below 1320 feet mean sea level, which covered 60 acres. The land was taken for the permanent storage and…