The state or any political subdivision thereof, may also use the special alternative procedure in eminent domain set forth in Sections 42-2-1 through 42-2-21 NMSA 1978 (being Laws 1959, Chapter 324, Sections 1 through 16 and Laws 1963, Chapter 248, Sections 1 through 5) to the extent it is otherwise authorized by law to exercise the power of eminent domain to acquire, either temporarily or permanently, public or privately owned lands, real property or any interests therein for the acquisition, construction, operation or maintenance of facilities for the carrying, channeling, impounding or disposition of storm, flood or surface drainage waters.

Provided, however, that no order of entry to any property being taken under the special alternative procedure for the acquisition, construction, operation and maintenance of facilities for the carrying, channeling, impounding or disposition of storm, flood or surface drainage waters may be granted until there is deposited with the clerk of the district court a warrant for seventy-five percent of the amount offered as just compensation for the immediate use, under such conditions as the court may deem appropriate, of all persons having an estate or interest in such property, and the final judgment shall not include interest from the date of such deposit on the amount of such advance payment.

History: 1953 Comp., § 22-9-61, enacted by Laws 1964 (1st S.S.), ch. 14, § 2.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Compiler's notes. — Laws 1959, ch. 324, § 16, compiled as 27-9-54, 1953 Comp., referred to in the first paragraph of this section, was repealed by Laws 1966, ch. 65, § 16.

Emergency clauses. — Laws 1964 (S.S.), ch. 14, § 4 contained an emergency clause and was approved March 2, 1964.

Severability. — Laws 1964 (S.S.), ch. 14, § 3 provided for the severability of the act if any part or application thereof was held invalid.

Cross references. — For right of eminent domain under Arroyo Flood Control Act, see 72-16-2C and 72-16-20C NMSA 1978.

For right of eminent domain under Las Cruces Arroyo Flood Control Act, see 72-17-2C and 72-17-20C NMSA 1978.