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UNITED STATES v. 20.53 ACRES OF LAND, ETC.

No. 72-1571.

478 F.2d 484 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. 20.53 ACRES OF LAND, MORE OR LESS, IN OSBORNE COUNTY, KANSAS, and City of Downs, State of Kansas, a municipal corporation, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 15, 1973.

Attorney(s) appearing for the Case

Dirk D. Snel, Atty., Dept of Justice (Walter Kiechel, Jr., Deputy Asst. Atty. Gen., Robert J. Roth, U. S. Atty., Roger K. Weatherby, Asst. U. S. Atty., and Jacques B. Gelin, Atty., Dept. of Justice, on the brief), for plaintiff-appellant.

Jerry W. Hannah, Topeka, Kan. (Lloyd Bloomer, Osborne, Kan., and George B. Collins, Wichita, Kan., on the brief), for defendants-appellees.

Before SETH, Circuit Judge, DURFEE, Senior Judge, United States Court of Claims, and McWILLIAMS, Circuit Judge.

DURFEE, Senior Judge.

In this eminent domain proceeding the United States filed a declaration of taking and complaint on March 3, 1966, to acquire fee simple title, perpetual flowage easements, and lesser interests in property and municipal facilities belonging to the City of Downs, Kansas. These interests were being acquired for purposes of developing the Glen Elder Dam and Reservoir in north central Kansas. A Commission was appointed pursuant to Rule 71A(h), Fed...

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