HOUSE BILL 1273

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Eric A. Youngberg

AN ACT

RELATING TO MUNICIPALITIES; ADDING CERTAIN PURPOSES TO THE POWER OF EMINENT DOMAIN.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 3-18-10 NMSA 1978 (being Laws 1973, Chapter 395, Section 1) is amended to read:

     "3-18-10. POWER OF EMINENT DOMAIN--PURPOSES--PROCEEDINGS.--

          A. Both within the municipal boundary and for a distance not extending beyond the planning and platting jurisdiction of the municipal boundary, a municipality has the power and right of condemnation of private property for public use for the purpose of:

                (1) laying out, opening and widening streets, alleys and highways or their approaches; or

                (2) constructing, maintaining and operating:

                     (a) storm drains; or

                     (b) garbage and refuse disposal areas and plants.

          B. A municipality may acquire by eminent domain any property within the municipality:

                (1) for park purposes [C. A municipality may acquire by eminent domain any property within the municipality];

                (2) to establish cemeteries or mausoleums or [both or combinations thereof and may also] to acquire [by eminent domain any] existing cemeteries or mausoleums [or both or combinations thereof]; or

                (3) for the purpose of correcting obsolete or impractical planning and platting of subdivisions. For the purpose of this paragraph, "obsolete or impractical planning and platting" applies only to property that:

                     (a) was platted prior to 1975; and

                     (b) has remained vacant and unimproved.

          [D. Proceedings to obtain such condemnation]

          C. Condemnation proceedings pursuant to this section shall be in the manner provided by law."

-2-