HOUSE BILL 548

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Matthew McQueen

AN ACT

RELATING TO OIL AND GAS; AMENDING SECTION 70-3-5 NMSA 1978 (BEING LAWS 1953, CHAPTER 42, SECTION 8, AS AMENDED) TO REMOVE CARBON DIOXIDE GAS FROM THE PURPOSE FOR WHICH ANY PERSON, FIRM, ASSOCIATION OR CORPORATION MAY EXERCISE THE RIGHT OF EMINENT DOMAIN FOR PIPELINES OR OTHER FACILITIES FOR CONVEYANCE.

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

     SECTION 1. Section 70-3-5 NMSA 1978 (being Laws 1953, Chapter 42, Section 8, as amended) is amended to read:

     "70-3-5. EMINENT DOMAIN POWER.--

          A. Any person, firm, association or corporation may exercise the right of eminent domain to take and acquire the necessary [right-of-way] right of way for the construction, maintenance and operation of pipelines, including microwave systems and structures and other necessary facilities for the purpose of conveyance of petroleum and natural gas [carbon dioxide gas] and the products derived therefrom, but any such [right-of-way] right of way shall in all cases be so located as to do the least damage to private or public property consistent with proper use and economical construction. Such land and [right-of-way] right of way shall be acquired in the manner provided by the Eminent Domain Code. Pursuant to the requirements of Sections 42A-1-8 through 42A-1-12 NMSA 1978, the engineers, surveyors and other employees of such person, firm, association or corporation shall have the right to enter upon the lands and property of the state and of private persons and of private and public corporations for the purpose of making necessary surveys and examinations for selecting and locating suitable routes for [such] pipelines, microwave systems, structures and other necessary facilities, subject to responsibility for any damage done to [such] the property in making surveys and examinations.

          B. The authorization provided for pursuant to Subsection A of this section for pipelines conveying petroleum and natural gas [carbon dioxide gas] and products derived therefrom shall apply to trunk lines, including lines owned or operated by public utilities or interstate pipelines connecting a well [or wells] under a purchase or conveying contract, and shall not apply to gathering lines other than pipelines owned or operated by public utilities or their affiliates or interstate pipelines or to operators of pipelines whose rates are prescribed or whose operations are licensed by the [state corporation] public regulation commission pursuant to Section 70-3-1 or 70-3-2 NMSA 1978. For the purposes of this subsection, the term "trunk line" is defined as the main transmission line [which] that transports petroleum and natural gas [carbon dioxide gas] and the products derived therefrom from a producing area to the area where the petroleum and natural gas [carbon dioxide gas] and the products derived therefrom are to be used. All other pipelines used in connection with [such] transportation of petroleum and natural gas [carbon dioxide gas] and the products derived therefrom are defined as "gathering lines"."

- 3 -