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F I S C A L I M P A C T R E P O R T

SPONSOR Swisstack

ORIGINAL DATE

LAST UPDATED

2/7/06

HB HJM 52

SHORT TITLE Study Eminent Domain Issue

SB

ANALYST Medina

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to HB 27, HB 746, SB 231, SB 702, HJR 7, SJR 1, SJR 4

SOURCES OF INFORMATION

LFC Files

SUMMARY

Synopsis of HJM

House Joint Memorial 52 requests that the Legislative Council direct an interim committee to

study and review all relevant New Mexico eminent domain statutes and hold hearings that in-

clude testimony from all interested parties regarding the eminent domain issue including local

government representatives, the New Mexico Municipal League, the New Mexico Association of

Counties and private property rights advocates. The Joint Memorial further directs the interim

committee to make recommendations by September 2006 to the Legislative Council on possible

legislative solutions for the 2007 Legislative Session.

SIGNIFICANT ISSUES

The U.S. Supreme Court decision in the Kelo et al. v. City of New London et al. case has gener-

ated significant debate regarding the issue of eminent domain, powers of local governments and

municipalities and private property rights. Several pieces of legislation introduced in the current

legislative session relate to the issue of eminent domain.

DXM/yr