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CITY OF CARLSBAD v. BALLARD

No. 7091.

378 P.2d 814 (1963)

71 N.M. 397

CITY OF CARLSBAD, New Mexico, a municipal corporation, Plaintiff-Appellant, v. Alfred Louis BALLARD et al., Defendants-Appellees.

Supreme Court of New Mexico.

February 15, 1963.

Attorney(s) appearing for the Case

James L. Dow, Carlsbad, for appellant.

Neal & Fort, Carlsbad, for appellee Ballard.

Lon P. Watkins, Carlsbad, for appellee Echols.

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...

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