Sutton v. Frazier

The opinion of the court was delivered by

Schroeder, J.:

The question presented on this appeal is whether an improvement district empowered to condemn private property by G. S. 1949, 19-2765, for its lawful corporate purposes acquires the fee simple title to the land condemned, including the minerals underlying such land, in proceedings conducted pursuant to the provisions of G. S. 1949, 26-101.

Appellant, O. A. Sutton, the plaintiff below, holds oil and gas leases executed by the owners of several adjacent tracts of land subject to the rights of the Sunflower Improvement District. Ap-pellee,…