Denver & New Orleans R. R. v. Lamborn

Counsel in this case elaborately and earnestly argue several important questions touching the rights and powers conferred by our laws upon the subject of *381eminent domain. The graver of these questions will be briefly considered:

I. At what stage of condemnation proceedings, under our statute, does petitioner fprfeit or lose the right of abandoning the same upon payment of all costs and damages actually accrued? It is, in our judgment, a correct answer that such privilege is lost whenever the land-owner acquires a vested right to the compensation awarded; but there is some diversity of opinion…