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Home » US Law » 2021 New Mexico Statutes » Chapter 3 - Municipalities » Article 41 - Flood Control

Section 3-41-1 – Flood control; authorization.

A. For the purpose of protecting its inhabitants from damage by flood waters, a municipality may construct and maintain within or without the municipality: (1) dikes; (2) dams; (3) embankments; (4) ditches; (5) storm sewers; (6) structures; or (7) excavations necessary to prevent flood waters from damaging property or threatening human lives within the municipality. […]

Section 3-41-3 – Flood control; eminent domain; condemnation.

A. A municipality may acquire by condemnation land, easements and right-of-way within or without the municipality for any construction as authorized in Section 3-41-1 NMSA 1978, or the removal of any obstruction in a stream. B. The proceedings for condemnation shall be as authorized by law. If the governing body determines that the compensation awarded […]

Section 3-41-4 – Flood control; right of entry; obstructing.

A. An employee or representative of a municipality has free and unobstructed ingress and egress on any land or premise if such ingress or egress is necessary to carry out the provisions of Sections 3-41-1 through 3-41-5 NMSA 1978, and is not liable for damages because of such entry except for wanton and malicious injury. […]

Section 3-41-5 – Flood control; cooperation with other public agencies.

A municipality may cooperate with: A. any other municipality; B. any county or any flood control authority; C. the state of New Mexico; or D. any agency of the United States, in carrying out the objectives of Sections 3-41-1 through 3-41-5 NMSA 1978. History: 1953 Comp., § 14-42-5, enacted by Laws 1965, ch. 300.