A. If the property to be condemned is held by any public utility corporation, the right to condemn such property by a railroad, telephone or telegraph company is limited to such use as shall not materially interfere with the uses to which by law the public utility corporation holding the property is authorized to use it.
B. Where no agreement can be made between the parties, the method of assessing the damages to private persons as provided pursuant to the provisions of the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978] shall be used.
History: 1978 Comp., § 42A-2-3, enacted by Laws 1981, ch. 125, § 31.
ANNOTATIONSSection gives court right to determine railroad track crossings. — This section and Section 42A-2-4 NMSA 1978 invest in the court the right to determine the place and manner of crossing by one railroad of the tracks of another. Atchison, T. & S.F. Ry. v. Citizens' Traction & Power Co., 1911-NMSC-018, 16 N.M. 154, 113 P. 810.
No power to contract for parties. — This statute does not say that the court shall make a contract for the parties, but that the court shall have the power to regulate and determine the matter and things with respect to which the parties might have contracted. Atchison, T. & S.F. Ry. v. Citizens' Traction & Power Co., 1919-NMSC-031, 25 N.M. 345, 182 P. 871.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Eminent Domain §§ 90, 96, 126, 199, 231, 233, 927.
Furnishing electricity to public as public use or purpose for which power of eminent domain may be exercised, 44 A.L.R. 735, 58 A.L.R. 787.
Power of eminent domain as between state and subdivision or agency thereof, or as between different subdivisions or agencies themselves, 35 A.L.R.3d 1293.
29A C.J.S. Eminent Domain §§ 59, 273.