FORTY-EIGHTH LEGISLATURE

FIRST SESSION

March 16, 2007

Madam President:

    Your CONFERENCE COMMITTEE, to whom has been referred

SENATE BILL 401, as amended

has had it under consideration and reports same with the following recommendation:

    1. The following house judiciary committee amendments be APPROVED:

         Nos. 1 and 3.

    2. House Judiciary Committee Amendment No. 2 be DISAPPROVED

and that the bill be amended further as follows:

    3. On page 1, between lines 17 and 18, insert a new section to read:

    "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 1971;

                  (b) has remained vacant and unimproved; and

                  (c) threatens the health, safety and welfare of persons or property due to erosion, flooding and inadequate drainage. 

         [D. Proceedings to obtain such condemnation]

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

                               Respectfully submitted,

                               _____________________________

                               Mary Jane M. Garcia

                               _____________________________

                               Mary Kay Papen

                               _____________________________

                               Steven P. Neville

Adopted____________________ Not Adopted_____________________

          (Chief Clerk) (Chief Clerk)

                  Date ______________