Any municipality owning, operating or proposing to construct an electric utility has the power of eminent domain for the purpose of acquiring property for the use of the electric utility according to the procedure for condemnation as provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978].
History: 1953 Comp., § 14-23-5, enacted by Laws 1965, ch. 300; 1969, ch. 251, § 4; 1981, ch. 125, § 37.
Cross references. — For eminent domain power of municipality, see 3-18-10 NMSA 1978.
Section not authority for condemning existing utility. — Condemning an existing public utility and then using the condemned property in the exact same fashion does not encompass construction of an electric utility; thus, the language of this section is insufficient to allow a municipality to condemn an existing public electric utility. City of Las Cruces v. El Paso Elec. Co., 904 F. Supp. 1238 (D.N.M. 1995).
Structure 2021 New Mexico Statutes
Section 3-24-2 - Electric utility; charges.
Section 3-24-3 - Electric utility; municipality serving a governmental agency.
Section 3-24-4 - Jurisdiction over land of electric utility.
Section 3-24-5 - Electric utility; eminent domain power.
Section 3-24-6 - Electric utility; power to issue revenue bonds.
Section 3-24-7 - Limitations on electric utility of municipality.
Section 3-24-8 - Electric utility; limitation on right to acquire system beyond five-mile limit.
Section 3-24-10 - Contracts with electric utilities for the operation of facilities.
Section 3-24-11 - Short title.
Section 3-24-12 - Legislative intent.
Section 3-24-13 - Limitation on applicability of the Municipal Electric Generation Act.
Section 3-24-14 - Additional powers conferred on municipalities.
Section 3-24-16 - Municipal liability.
Section 3-24-17 - Application of municipal money or property.