HOUSE BILL 45

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Paul C. Bandy

AN ACT

RELATING TO CONDEMNATION; ENACTING A NEW SECTION OF THE EMINENT DOMAIN CODE TO PROVIDE FOR CONDEMNATION OF FEDERAL PROPERTY.

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

     SECTION 1. A new section of the Eminent Domain Code is enacted to read:

     "[NEW MATERIAL] CONDEMNATION OF FEDERAL PROPERTY.--

          A. Property that may be taken pursuant to the Eminent Domain Code includes property possessed by the federal government unless the property was acquired by the federal government with the consent of the state legislature and in accordance with Article I, Section 8, Clause 17 of the United States constitution.

          B. The state shall be the plaintiff described in the eminent domain complaint in an action to condemn property described in Subsection A of this section."

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