Hensler

I

Introduction

Defendant property owner appeals a judgment in condemnation in favor of plaintiff, a joint powers authority formed to own and operate the Burbank Airport. This appeal addresses the issue of whether individual cities can delegate their eminent domain powers to a joint powers agency, and whether, under the circumstances of this appeal, three joint powers cities did delegate their eminent domain powers to a joint powers agency. We conclude that the joint powers cities can, and through a joint powers agreement did, delegate their eminent domain power to a joint powers agency. In the unpublished part of this appeal, we decide other issues. We conclude that the judgment for plaintiff must be affirmed.

II

Factual and Procedural History

After it opened in 1930, the Burbank Airport was privately owned and operated until the early 1970’s, when its then owner, Lockheed Aircraft Corporation, disclosed that it was considering selling the airport. Nearby cities entered into a “Joint Powers Agreement” in June 1976 to evaluate transfer of the airport to public ownership and operation. The joint powers cities obtained State of California legislation authorizing the…