A. A municipality may acquire by condemnation land, easements and right-of-way within or without the municipality for any construction as authorized in Section 3-41-1 NMSA 1978, or the removal of any obstruction in a stream.
B. The proceedings for condemnation shall be as authorized by law. If the governing body determines that the compensation awarded by the commissioners, as provided in Section 42-1-3 NMSA 1978 [repealed] is more than the municipality should pay or is able to pay, the municipality, before taking possession of the property or removing any obstruction, may dismiss the proceedings for condemnation and is relieved of any obligation to pay compensation.
History: 1953 Comp., § 14-42-3, enacted by Laws 1965, ch. 300; 1969, ch. 251, § 10.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1981, ch. 125, § 62 repealed 42-1-3 NMSA 1978, effective July 1, 1981. For present comparable provisions, see 42A-1-1 to 42A-1-34 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Eminent Domain § 69.
Compensation for diminution in value of the remainder of property resulting from taking or use of adjoining land of others for the same undertaking, 59 A.L.R.3d 488.
29A C.J.S. Eminent Domain § 39.