Section 42A-2-3 – Property of public utilities.
A. If the property to be condemned is held by any public utility corporation, the right to condemn such property by a railroad, telephone or telegraph company is limited to such use as shall not materially interfere with the uses to which by law the public utility corporation holding the property is authorized to use […]
Section 42A-2-4 – Jurisdiction of courts; joint use.
Except as provided in Section 62-1-4 NMSA 1978, the court shall have the power to regulate and determine the place and manner of making railroad connections and crossings, or of using in common use as provided in Section 42A-2-3 NMSA 1978. History: 1978 Comp., § 42A-2-4, enacted by Laws 1981, ch. 125, § 32. ANNOTATIONS […]
Section 42A-3-1 – State, county, municipality or school district; appropriation of property; nature of interest.
A. Property may also be condemned by the state, any county, municipality or school district for the public use of the state, county, municipality or school district for: (1) public buildings and grounds; (2) canals, aqueducts, reservoirs, tunnels, flumes, ditches, conduits for conducting or storing water for drainage, the raising of banks of streams and […]
Section 42A-3-2 – Condemnation of property by state institutions.
If it is deemed necessary by the board of regents of a state educational institution enumerated in Article 12, Section 11 of the constitution of New Mexico or of [by] the governing bodies of other state institutions to condemn property for the public use of such institutions, the governing bodies may acquire in the name […]
Section 42A-3-3 – Street improvements; condemnation of ditch, canal or acequia by municipality; authorization[;] protest.
A. The governing body of any municipality may, when it is for the best interest of such municipality for the improvement, extension or widening of any street, alley or avenue in such municipality to do away with any ditch, canal or acequia lying within, upon or adjacent to any such street, alley or avenue or […]
Section 42A-4-1 – Spanish or Mexican land grants; parties defendant; commissioners’ report.
A. If any part of a tract of land confirmed by special act of congress or by a decree of the court of private land claims as a Spanish or Mexican land grant, is sought to be condemned for any of the purposes provided for under the provisions of the Eminent Domain Code [42A-1-1 to […]
Section 42A-2-1 – Railroad, telephone or telegraph company.
Any foreign or domestic railroad, telephone or telegraph company which is duly qualified and doing business in New Mexico shall have the power of eminent domain for acquiring property for public use for the purpose of constructing lines, microwave systems and structures and other communication or transportation structures and other facilities necessary for the operation […]
Section 42A-2-2 – Telephone and telegraph companies; limitations and regulations.
No telephone or telegraph company shall, by virtue of its eminent domain power, be authorized to enter or appropriate any dwelling, barn, store, warehouse or similar building erected for any commercial, agricultural or manufacturing purposes, or to erect poles so near such structure as to materially inconvenience the condemnee in their use or to damage […]
Section 42A-1-27 – Proof of payment; recording judgment.
A. After the condemnor has made payment in full to the clerk of the district court in accordance with the judgment in the condemnation action, the clerk shall certify upon the judgment that payment has been made. B. A copy of the judgment showing payment shall be recorded in the office of the county clerk […]
Section 42A-1-28 – Imperfect titles.
If the title attempted to be acquired is found to be defective from any cause, the condemnor may institute proceedings to acquire the property as provided in the Eminent Domain Code. History: 1978 Comp., § 42A-1-28, enacted by Laws 1981, ch. 125, § 24. ANNOTATIONS Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. […]