Cloer

This is an appeal by defendant property owners from a preliminary judgment in condemnation in favor of plaintiff city for the fee title absolute to certain property located in unincorporated territory of the County of Santa Barbara. The city council, by resolution, resolved that public interest and necessity required the acquisition of the property for airport clear zone purposes. It was stated in the resolution that public interest and necessity require the acquisition of the property, and that it be condemned, but the resolution did not expressly recite or determine the necessity for taking the fee title absolute to the property in question.

The complaint was filed February 16, 1961, and defendants answered raising issues of public use, necessity, quantum of estate to be taken and valuation.

A trial was held on all of the issues, except that of valuation, by the court sitting without a jury and the court found that the public use and necessity require the acquisition by the city of the property in fee, reserving to defendants an irrevocable free license to use and occupy the property for all purposes except the erection or maintenance of structures or the growth or maintenance…