Sections 42A-1-1 through 42A-1-33 NMSA 1978 may be cited as the "Eminent Domain Code."

History: 1978 Comp., § 42A-1-1, enacted by Laws 1981, ch. 125, § 1.

Recompilations. — Laws 1981, ch. 125, § 1, recompiled former 42A-1-1 NMSA 1978, relating to compromise or settlement, as 42A-1-3 NMSA 1978.

Cross references. — For acquisition of sanitary sewers, see 3-26-1 and 3-26-2 NMSA 1978.

For acquisition of water facilities, see 3-27-2 to 3-27-4 NMSA 1978.

For Relocation Assistance Act, see 42-3-1 to 42-3-15 NMSA 1978.

Statute strictly construed. — The nature and extent of the title or right taken in the exercise of eminent domain depends on the statute conferring the power. The statute will be strictly construed; where the estate or interest is not definitely set forth, only such estate or interest may be taken as is reasonably necessary to answer the public purpose in view. Timberlake v. Southern Pac. Co., 1969-NMSC-143, 80 N.M. 770, 461 P.2d 903.

Condemnation of public property by public bodies requires statutory authority. — Absent statutory authority, property of one public body being used for public purposes cannot be condemned by another public body. State ex rel. State Hwy. Comm'n v. Board of Cnty. Comm'rs, 1963-NMSC-074, 72 N.M. 86, 380 P.2d 830.

Property description. — Description of property in condemnation proceedings must conform to the statutory requirement. City of Santa Fe v. Lamy, 1930-NMSC-026, 34 N.M. 583, 286 P. 422.

Landowner not entitled to consequential damages for traffic diversion. — Mere diversion of traffic does not entitle landowner to a judgment for consequential damages, even though a part of the new road traverses the claimant's land for which compensation is paid to the landowner. Board of Cnty. Comm'rs v. Slaughter, 1945-NMSC-019, 49 N.M. 141, 158 P.2d 859.

Eminent Domain Code does not address effect of stay in condemnation appeals. City of Sunland Park v. N.M. Pub. Reg. Comm'n, 2004-NMCA-024, 135 N.M. 143, 85 P.3d 267, cert. denied, 2004-NMCERT-002, 135 N.M. 169, 86 P.3d 47.

Law reviews. — For note, "The Use of Eminent Domain for Oil and Gas Pipelines in New Mexico," see 4 Nat. Resources J. 360 (1964).

For article, "Frontland Taking - Backland Value," see 9 Nat. Resources J. 237 (1969).

For article, "Survey of New Mexico Law, 1979-80: Property," see 11 N.M.L. Rev. 203 (1981).

For annual survey of New Mexico law relating to property, see 12 N.M.L. Rev. 459 (1982).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Eminent Domain §§ 1 et seq., 126, 199, 231 et seq., 927.

Power to condemn against particular use of property, 8 A.L.R. 594.

Right to condemn property previously condemned or purchased for public use, but not actually so used, 12 A.L.R. 1502.

Exercise of eminent domain to control the use or improvement of property not taken, 23 A.L.R. 876.

Condemnation by de facto corporation, 44 A.L.R. 542.

Changing location of railroad or street railway in street or highway as a taking or damaging for which compensation must be made, 46 A.L.R. 1446.

Carrying freight on electric railway in street or highway as an additional servitude, 46 A.L.R. 1472.

Combination of public and private uses or purposes, 53 A.L.R. 9

Public benefit or convenience as distinguished from use by the public as ground for the exercise of the power of eminent domain, 54 A.L.R. 7

Establishment or extension of sewer as a public use or purpose for which power of eminent domain may be exercised, 169 A.L.R. 576.

Condemnation of materials for highway or other public or quasi-public work as affected by location of materials or of the work, 172 A.L.R. 131.

Condemnation of land by public authority to provide hunting and fishing as affected by question of necessity, 172 A.L.R. 174.

Taking of property for purposes of housing and slum clearance, 172 A.L.R. 970.

Condemnation of public utility property for public utility purposes, 173 A.L.R. 1362.

Municipal establishment or operation of off-street public parking facilities, 8 A.L.R.2d 373.

Attorney's fees as within statute imposing upon the condemnor liability for "expenses," "costs," and the like, 26 A.L.R.2d 1295.

Right to condemn property in excess of needs for public purpose, 6 A.L.R.3d 297.

Salting for snow removal as taking or damaging abutting property for eminent domain purposes, 64 A.L.R.3d 1239.

Validity of appropriation of property for anticipated future needs, 80 A.L.R.3d 1085.

Eminent domain: possibility of overcoming specific obstacles to contemplated use as element in determining existence of necessary public use, 22 A.L.R.4th 840.

Public taking of sports or entertainment franchise or organization as taking for public purpose, 30 A.L.R.4th 1226.

Seizure of property as evidence in criminal prosecution or investigation as compensable taking, 44 A.L.R.4th 366.

Eminent domain: compensability of loss of visibility of owner's property, 7 A.L.R.5th 113.

Excessiveness or adequacy of attorneys' fees in matters involving real estate - modern cases, 10 A.L.R.5th 448.

Abutting owner's right to damages for limitation of access caused by traffic regulation, 15 A.L.R.5th 821.

29A C.J.S. Eminent Domain § 201 et seq.