City of Carlsbad v. Ballard

CARMODY, Justice.

The city appeals from the dismissal of its petition for condemnation of certain lands adjoining its municipal airport.

The only issue is whether a municipality may condemn all of the lands being purchased under a contract with the commissioner of public lands, when the municipality needs only a portion of the property.

The city of Carlsbad, under an agreement with the federal aviation agency, was attempting to develop its municipal airport. As a part of the development, it was necessary for the city to obtain title to certain parcels of land at the ends of the runways, in order…