44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; PROVIDING THE POWER OF EMINENT DOMAIN OVER STATE PROPERTY; AMENDING SECTIONS OF THE NMSA 1978.

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

Section 1. Section 42A-2-1 NMSA 1978 (being Laws 1981, Chapter 125, Section 29) is amended to read:

"42A-2-1. RAILROAD, TELEPHONE OR TELEGRAPH COMPANY.--Any foreign or domestic railroad, telephone or telegraph company [which] that is duly qualified and doing business in New Mexico shall have the power of eminent domain for acquiring property, including property belonging to the state, for public use for the purpose of constructing lines, microwave systems and structures and other communication or transportation structures and other facilities necessary for the operation [for] of such transportation or communication system for such entity according to the procedure for condemnation as provided in the Eminent Domain Code."

Section 2. Section 42A-2-3 NMSA 1978 (being Laws 1981, Chapter 125, Section 31) is amended to read:

"42A-2-3. PROPERTY OF PUBLIC UTILITIES.--

A. If the property to be condemned is held by any public utility corporation, the right to condemn such property by a railroad, telephone or telegraph company is limited to such use as shall not materially interfere with the uses to which by law the public utility corporation holding the property is authorized to use it.

B. Where no agreement can be made between the parties, the method of assessing the damages [to private persons] as provided pursuant to the provisions of the Eminent Domain Code shall be used."