Corporations formed pursuant to Sections 62-2-1 through 62-2-22 NMSA 1978 have the power of eminent domain for the purpose of carrying out the provisions of Sections 62-2-1 through 62-2-22 NMSA 1978, and in the manner provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978].
History: Laws 1981, ch. 125, § 50.
ANNOTATIONSRepeals and reenactments. — Laws 1981, ch. 125, § 50, repealed former 62-2-16 NMSA 1978, relating to the power of eminent domain, and enacted a new section.
Compiler's notes. — Sections 62-2-1 to 62-2-22 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 2 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective. See Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Cross references. — For eminent domain proceedings generally, see Chapter 42A NMSA 1978.
Right to condemn implies conveying water is "public use". — The legislature, in Section 72-1-5 NMSA 1978, has given to persons, firms, associations and corporations the right to condemn land right-of-way for the purpose of conveying water for beneficial uses. Since the power of eminent domain cannot be exercised without a "public use" being present, the legislature has impliedly declared such a "public use" to be present in such conveyance of water. Kaiser Steel Corp. v. W.S. Ranch Co., 1970-NMSC-043, 81 N.M. 414, 467 P.2d 986 (rendered under prior law).
Section grants power only to corporations organized under article. — The powers of this section are limited to corporations incorporated under Sections 62-2-1 through 62-2-22 NMSA 1978. 1967 Op. Att'y Gen. No. 67-50 (mutual domestic water or sewage works association has no power of eminent domain).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Eminent domain: unity or contiguity of separate properties sufficient to allow damages for diminished value of parcel remaining after taking of other parcel, 59 A.L.R.4th 308.
93 C.J.S. Waters § 88; 94 C.J.S. Waters §§ 228, 247, 255.