Kansas Bostwick Irrigation District No. 2 v. Brown

The opinion of the court was delivered by

Fatzer, J.:

This appeal involves the sole question of whether payment of an award of commissioners in an eminent domain proceeding by the Treasury Department of the United States on behalf of the Bureau of Reclamation without the knowledge of the condemner, constitutes an acquiescence in the award, thus precluding the condemner from appealing to the distirct court.

In a companion case, Kansas Bostwick Irrigation District v. Curtis, 182 Kan. 296, 320 P. 2d 786, this day decided, the court held:

“In a proceeding in eminent domain wherein the condemner was…