A. Both within the municipal boundary and for a distance not extending beyond the planning and platting jurisdiction of the municipal boundary, a municipality has the power and right of condemnation of private property for public use for the purpose of:

(1) laying out, opening and widening streets, alleys and highways or their approaches; or

(2) constructing, maintaining and operating:

(a) storm drains; or

(b) garbage and refuse disposal areas and plants.

B. A municipality may acquire by eminent domain any property within the municipality:

(1) for park purposes;

(2) to establish cemeteries or mausoleums or to acquire existing cemeteries or mausoleums; or

(3) for the purpose of correcting obsolete or impractical planning and platting of subdivisions. For the purpose of this paragraph, "obsolete or impractical planning and platting" applies only to property that:

(a) was platted prior to 1971;

(b) has remained vacant and unimproved; and

(c) threatens the health, safety and welfare of persons or property due to erosion, flooding and inadequate drainage.

C. Condemnation proceedings pursuant to this section shall be in the manner provided by law.

History: 1953 Comp., § 14-17-8, enacted by Laws 1973, ch. 395, § 1; 2007, ch. 329, § 1; 2007, ch. 330, § 1.

Repeals and reenactments. — Laws 1973, ch. 395, § 1, repealed former 14-17-8, 1953 Comp., relating to eminent domain, and enacted a new section.

Cross references. — For eminent domain power regarding electric utility, see 3-24-5 NMSA 1978.

For eminent domain power regarding gas utility, see 3-25-5 NMSA 1978.

For condemnation of private property for sanitary sewers, see 3-26-1 NMSA 1978.

For eminent domain power regarding municipal housing, see 3-45-4, 3-45-8 NMSA 1978.

The 2007 amendments, effective June 15, 2007, add Paragraph (3) of Subsection B and add Subsection C.

Compiler's notes. — Laws 2007, ch. 329, § 1 and Laws 2007, ch. 330, § 1 enacted identical amendments to this section.

Discretion of public authority. — The matters relating to the design and location of municipal road projects, if carried out in conformity with applicable law, generally involve policy questions entrusted to the discretion of municipal or public authorities. City of Albuquerque v. State ex rel. Vill. of Los Ranchos de Albuquerque, 1991-NMCA-015, 111 N.M. 608, 808 P.2d 58, cert. denied, 113 N.M. 524, 828 P. 2d 957 (1992).

Park purposes. — The power to condemn property for park purposes could be exercised only by compliance with the statutory procedure. City of Albuquerque v. Huning, 1924-NMSC-035, 29 N.M. 590, 225 P. 580.

Construction of waterworks system. — A city has the power of eminent domain for the purpose of constructing a waterworks system, situated more than two miles from the city limits. City of Raton v. Raton Ice Co., 1920-NMSC-060, 26 N.M. 300, 191 P. 516 (decided under prior law).

City had no power to condemn an acequia in actual use of irrigation in order to widen a street. City of Albuquerque v. Garcia, 1913-NMSC-006, 17 N.M. 445, 130 P. 118.

State property devoted to public purpose. — Where the property the city desires to condemn is state property and is already devoted to a public purpose, it cannot be condemned by the city for another public purpose. 1953 Op. Att'y Gen. No. 53-5848.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Eminent Domain §§ 2, 3, 13, 23.

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

Power of eminent domain conferred upon municipality as authorizing taking fee or merely easement, 79 A.L.R. 515.

Injunction against exercise of power of eminent domain, 133 A.L.R. 11, 93 A.L.R.2d 465.

Hunting and fishing, condemnation of land by public authority as affected by question of necessity, 172 A.L.R. 174.

Housing or slum clearance, taking of property for purposes of, 172 A.L.R. 970.

Damage to private property caused by negligence of governmental agents as "taking," "damage" or "use" for public purposes in constitutional sense, 2 A.L.R.2d 677.

Cemetery, municipal power to condemn land for, 54 A.L.R.2d 1322.

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

Substitute condemnation: power to condemn property or interest therein to replace other property taken for public use, 20 A.L.R.3d 862.

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.

Eminent domain: industrial park or similar development as public use justifying condemnation of private property, 62 A.L.R.4th 1183.

29A C.J.S. Eminent Domain § 24.