Board of Education, Rio Rancho Public School District v. Johnson

OPINION

HARTZ, Chief Judge.

{1} This case concerns the right of a property owner to appeal a condemnation award after accepting payment of the award. While we recognize that a property owner’s right to challenge an award on appeal is not prejudiced by acceptance of the amount tendered by the condemning authority when it seeks to enter the property to be condemned, we hold that the property owner in this case waived its right to appeal by accepting full payment of the district court judgment.

BACKGROUND

{2} The Board of Education, Rio Rancho Public School District (the School District) filed a…