Upon the final determination of any proceeding under this part 1, appeal shall lie in every case to bring into review the proceedings therein. If the owner of any property taken or affected appeals, the petitioner may pay into the registry of said court the amount of compensation awarded therefor, for the use of said owner, and shall thereupon be entitled to take possession of and use the property taken or affected the same as if no appeal had been taken. The money so deposited shall remain on deposit until the appeal has been heard and determined. If any owner elects to receive such amount before the determination of such appeal, said appeal shall thereupon be dismissed so far as such owner is concerned.
Source: L. 11: p. 381, § 20. C.L. § 9095. CSA: C. 163, § 138. CRS 53: § 50-6-20. C.R.S. 1963: § 50-6-20. L. 76: Entire section amended, p. 313, § 65, effective May 20.
ANNOTATION
No review of award absent objection. Where no objection is made below to the damages awarded in respect to land taken, the supreme court will not, on appeal, review such award. Phipps v. City & County of Denver, 57 Colo. 205, 140 P. 797 (1914).
Applied in Wassenich v. City & County of Denver, 67 Colo. 456, 186 P. 533 (1919).