dissenting.
The question becomes whether or not the airport board has to wait until there are proposed changes in the surrounding area before it can condemn a noise zone or safety buffer around the airport. One only has to visit Kentucky’s Greater Cincinnati Airport to see the wisdom of advanced planning. Numerous subdivisions have recently been built around that airport and as a result, there are now numerous complaints about noise with the increased air traffic, bigger and louder planes, and lengthened runways and taxiways. Had the planners seen the extent of growth and changes, and had the money to purchase land, a lot of waste and damage could have been prevented. Likewise, in the case of the Bowling Green-Warren County Airport Board, advance planning, in the form of their Master Plan Update, is not only desirable, but necessary. Any airport board that does not have such a plan is either remiss in their duties or facing a future closing. The importance of an airport to the Bowling Green and Warren County area cannot be ignored. Without planning for the future, the airport board would eventually need to locate on another site, scale down this airport’s functions, or pay premium prices for future expansions which could be foreseen today. The law does not require governmental bodies wear blinders. In fact, under KRS 183.868, airport zoning is required to consider the future needs of the communities being served and the future development of the airport, including extensions to the runways, the size of the safe approaches, etc. KRS 183.872 allows the outright purchase or condemnation of approach protection where zoning protection or easements would not be adequate or where such restrictions amount to a taking for which the owner should receive just compensation. Kentucky Airport Zoning Com'n v. Kentucky Power Co., Ky.App., 651 S.W.2d 121 (1983); Bowling Green-Warren County Airport Bd. v. Long, Ky., 364 S.W.2d 167 (1962).
The case of Bowling Green-Warren County Airport Bd., supra, also taught us that if an airport board waits until the land is ready for development, it will have to pay subdivision prices, not farm land value, which is also an incentive to plan ahead.
Neither this court nor the trial court can say how wide a safety and/or noise buffer zone ought to be. That decision requires expert evaluation with the final decision with the airport board which controls the purse strings (KRS 183.133). Case law recognizes the well settled rule that it is a legislative function to determine “[t]he necessity or expediency of taking private property for such uses by the exercise of the power of eminent domain, the instrumentalities to be used, ...” (Henderson v. City of Lexington, 132 Ky. 390, 111 S.W. 318 (1908)) as well as the amount of land to be taken for the public use. Kroger Co. v. Louisville & Jefferson County Air Bd., Ky., 308 S.W.2d 435 (1957). The court’s only function on review is to determine whether or not the taking is for a public use or purpose (Henderson, supra) or “[wjhere there has been a gross abuse or manifest fraud.” Kroger, supra, at 439. The airport board can refer to the airport *194zoning which, under KRS 183.868, takes into consideration:
[a]mong other things the safety of airport users and surface persons and property, the character of flying operations conducted at the airport, the nature of the terrain, the height of existing structures and trees above the level of the airport, the views of officials of the federal aviation administration as to the safe approaches required for operations at the airport, the future development of the airport including extensions to runways that may be required, the density of dwellings that may safely be permitted in the area, protection of the public investment in the airport and its facilities, the interest of the public in developing a sound public air transportation system within the state and the views and opinions of those owning land in such area, (emphasis added)
In this case, the evidence shows that John Dempsey, Regional Director of the Federal Aviation Administration, recommended purchasing land along both sides of runway 3-21 for widening the shoulder and establishing a better safety and noise buffer zone. The Federal Aviation Administration (FAA) even went so far as to approve 90% of the funding for the purpose of acquiring the land extending 1,250 feet from the center-line of runway 3-21 (appellee’s 24.59 acres).
The trial court was clearly erroneous when it equated a public use existing only if the airport board could show a structure or building to be built upon the appellee’s parcel and in not recognizing a safety zone and/or noise buffer (as well as its width) as a legitimate legislative determination.
The majority agrees with the trial court’s finding that the airport board could have taken or accepted less than a fee simple to accomplish the goal of providing a buffer zone. Even if the appellee had not tried to place restrictive conditions on the proposed easement, the airport board, not the property owner and not the court, has the sole authority to determine the nature and extent of the title need. In the case of Craddock v. University of Louisville, Ky., 303 S.W.2d 548 (1957), the University of Louisville wanted to purchase the land and lease it for $1.00 a year for a hospital to help serve U. of L. medical complex. The question arose as to whether the University could acquire a fee simple title which would allow future changes or fee simple on a condition that it be used for University purposes (similar to appellee’s proposed restrictions). The Court held the University could acquire a fee simple absolute title and the decision as to how much (both quantity and quality) is to be purchased is for U. of L. See also Kentucky Airport Zoning Com’n v. Kentucky Power Co., Ky.App., 651 S.W.2d 121 (1983), which recognizes that in takings of less than a fee simple absolute title, the only real concern of the court is that the public authority pay just compensation for that which they take. KRS 183.133(4) recognizes that it is the airport board’s decision as to which rights are necessary to be purchased.
For the foregoing reasons, I would have reversed the Warren Circuit Court.