Choctaw & Chickasaw Nations v. City of Atoka, Oklahoma

HUXMAN, Circuit Judge (concurring).

I concur in Chief Judge Phillips’ opinion but am of the further view that the judgment must be affirmed on the further ground that there has been no abandonment of the property for the purpose for which it was condemned by the city. It is still being used. It is still being devoted to the uses for which it was condemned. It is still used to supplement the city’s water supply. The fact that isolated portions of the tract, not covered with standing water, are devoted to other incidental uses does not constitute abandonment.