Associations organized under Chapter 3, Article 28 NMSA 1978 shall have the power of eminent domain as provided by law, except the power of eminent domain shall not be used to acquire any plant or system or extension thereof described in a certificate of public convenience and necessity, or any interest therein, owned or operated by an entity that is regulated by the New Mexico public utility commission or the federal energy regulatory commission or their successors.
History: 1953 Comp., § 14-27-17, enacted by Laws 1965, ch. 300; 1969, ch. 251, § 8; 1981, ch. 203, § 6; 1990, ch. 60, § 19; 1993, ch. 282, § 10.
Cross references. — For constitutional provision on eminent domain, see N.M. Const., art. II, § 20.
The 1993 amendment, effective June 18, 1993, substituted "New Mexico public utility commission" for "New Mexico public service commission".
The 1990 amendment, effective March 2, 1990, substituted "Chapter 3, Article 28 NMSA 1978" for "Sections 3-28-1 through 3-28-20 NMSA 1978", substituted "New Mexico public service commission" for "public service commission", and made a minor stylistic change.
Structure New Mexico Statutes
Article 28 - Water or Natural Gas Associations
Section 3-28-1 - Water or natural gas associations; powers.
Section 3-28-2 - Intercommunity water or natural gas supply association; directors.
Section 3-28-3 - Certificate of association.
Section 3-28-4 - Acknowledgment and filing of original certificate; recording of copy.
Section 3-28-5 - Powers of association as body corporate.
Section 3-28-6 - Amendment of certificate of incorporation.
Section 3-28-7 - Notice of first meeting.
Section 3-28-8 - Board of directors; powers.
Section 3-28-9 - Officers or agents; manner of appointment.
Section 3-28-10 - Revenue bond issues.
Section 3-28-11 - Terms and provisions of revenue bond issues.
Section 3-28-12 - Resolution for issuance of bond; execution.
Section 3-28-13 - Payment of bonds.
Section 3-28-14 - Refunding authorization; terms.
Section 3-28-14.1 - Publication of notice after adoption of resolutions; limitation of action.
Section 3-28-15 - Financial assistance.
Section 3-28-16 - Establishment of rates or contracts for service; lien against property served.
Section 3-28-17 - Proceeds from bond issues not to be diverted from purpose.
Section 3-28-18 - Violations of act; penalty.
Section 3-28-19 - Eminent domain.
Section 3-28-20 - Associations not subject to utility laws.
Section 3-28-21 - New Mexico public utility commission [public regulation commission] jurisdiction.
Section 3-28-22 - Validation; existing association and outstanding bonds.