SENATE BILL 376

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

George K. Munoz

AN ACT

RELATING TO UTILITIES; REQUIRING AGREEMENT AMONG THE PARTIES WHEN IT IS NECESSARY FOR A CORPORATION TO CONSTRUCT A TRANSMISSION LINE REQUIRING A RIGHT OF WAY OF GREATER THAN ONE HUNDRED FEET; AMENDING AND REPEALING SECTIONS OF THE PUBLIC UTILITY ACT.

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

     SECTION 1. Section 62-1-4 NMSA 1978 (being Laws 1909, Chapter 141, Section 4, as amended) is amended to read:

     "62-1-4. EMINENT DOMAIN--SURVEYS--ENTRY ON PROPERTY--CROSSING [RIGHT-OF-WAY] RIGHT OF WAY OF ANOTHER CORPORATION.--

          A. Corporations organized pursuant to Section 62-1-1 NMSA 1978 are authorized to enter upon any property belonging to the state or to persons, firms or corporations for the purpose of making surveys and from time to time to appropriate so much of such property, not exceeding a strip one hundred feet wide in any one place, as may be necessary for their purpose. The corporations have the right of access to such property to construct and place their lines, pipes, poles, cables, conduits, towers, stations, fixtures, appliances and other structures and to repair them. If a corporation cannot agree with the owners as to a [right-of-way] right of way or the compensation for a [right-of-way] right of way, the corporation may proceed to obtain the [right-of-way] right of way in the manner provided by law for condemnation of such property. Where it is necessary to cross the [right-of-way] right of way of another corporation, the crossing shall be effected either by mutual agreement or in the manner now provided by law for the crossing of one railroad by another railroad; provided that the construction of any electric transmission lines crossing the [right-of-way] right of way of a railroad shall comply with the minimum standards of the national [electric] electrical safety code. When it is necessary for a corporation to construct any transmission line and associated facilities for the transmission of electrical power requiring a width for [right-of-way] right of way of greater than one hundred feet, [unless] that width [is] shall be agreed to by the parties [the applicant for the right-of-way shall apply to the New Mexico public utility commission as provided in Section 62-9-3.2 NMSA 1978 for a determination of the width necessary for the right-of-way for the transmission line].

          B. For the purposes of this section, "corporation" means individuals, firms, partnerships, companies, municipalities, rural electric cooperatives organized under Laws 1937, Chapter 100 or the Rural Electric Cooperative Act, lessees, trustees or receivers appointed by any court."

     SECTION 2. REPEAL.--Section 62-9-3.2 NMSA 1978 (being Laws 1980, Chapter 20, Section 18, as amended) is repealed.

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