HOUSE JOINT MEMORIAL 52

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Thomas E. Swisstack

A JOINT MEMORIAL

REQUESTING THE NEW MEXICO LEGISLATIVE COUNCIL TO DIRECT THE APPROPRIATE INTERIM COMMITTEE TO STUDY THE EMINENT DOMAIN ISSUE.

     WHEREAS, the decision of the United States supreme court in the Kelo v. the City of New London case has created a highly charged atmosphere regarding the issue of eminent domain, powers of local governments and municipalities and private property rights; and

     WHEREAS, New Mexico's eminent domain and similar statutes regarding redevelopment of lands within municipalities have existed for many years; and

     WHEREAS, New Mexico's eminent domain law is much different from Connecticut's, which is where the Kelo case originated; and

     WHEREAS, many persons are concerned over the precedent set by the Kelo decision and want to ensure that New Mexico law protects their private property rights; and

     WHEREAS, local governments want to protect their ability to plan, plat and grow in order to maintain economic development in their communities; and

     WHEREAS, the eminent domain law is complicated, involving many statutes, and that complexity calls for careful and thoughtful examination by the legislature before amending existing law or the constitution of New Mexico;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the New Mexico legislative council direct the appropriate interim committee to study and review all relevant New Mexico eminent domain statutes; and

     BE IT FURTHER RESOLVED that the interim committee make it a priority to hold hearings that include testimony from all interested parties regarding the eminent domain issue, including but not limited to local government representatives, the New Mexico municipal league, the New Mexico association of counties, private property rights advocates and other concerned citizens; and  

       BE IT FURTHER RESOLVED that the interim committee make recommendations by September 2006 to the New Mexico legislative council on possible legislative solutions for the 2007 legislative session; and

     BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the chair of the New Mexico legislative council.

- 3 -