SENATE BILL 469

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

INTRODUCED BY

Michael S. Sanchez

AN ACT

RELATING TO MUNICIPALITIES; LIMITING 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] Within 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 for park purposes.

          C. A municipality may acquire by eminent domain any property within the municipality to establish cemeteries or mausoleums [or both or combinations thereof] and may also acquire by eminent domain any existing cemeteries or mausoleums [or both or combinations thereof].

          D. Proceedings to obtain such condemnation shall be in the manner provided by law."

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