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BOARD OF EDUC. v. JOHNSON

No. 18721.

957 P.2d 76 (1998)

125 N.M. 91

1998-NMCA-048

BOARD OF EDUCATION, RIO RANCHO PUBLIC SCHOOL DISTRICT, Petitioner-Appellee, v. Peter B. JOHNSON, as Trustee of the Peter K. Johnson and Lisa A. Johnson Trust, Respondents-Appellants.

Court of Appeals of New Mexico.

February 25, 1998.

Attorney(s) appearing for the Case

Joseph Van R. Clarke, Simons, Cuddy and Friedman, LLP, Santa Fe, for Appellee.

Stevan J. Schoen, Albuquerque, for Appellants.

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...

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