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.
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