Unless otherwise specifically provided by law:

A. the state may acquire, either temporarily or permanently, public or privately owned lands, real property or any interests therein, including water rights or any easements deemed necessary or desirable for present or future public road, street or highway purposes by gift, agreement, purchase, exchange, condemnation or otherwise. Such lands or interests in real property may be acquired in fee simple;

B. present or future public road, street or highway purposes include the taking of personal property, land or any interest in real property, under the Highway Beautification Act [67-12-1 to 67-12-15 NMSA 1978];

C. the state may use the special alternative procedure to acquire lands or any interest therein for any public purpose for which the power of eminent domain may be properly exercised; and

D. for the purposes provided in Subsections A through C of this section, when state-owned property must be taken, the state board of finance shall first determine the greater public need, unless the state defendant in whom title is vested concedes that the purpose for which the property is sought to be taken is the greater public need.

History: 1953 Comp., § 22-9-41, enacted by Laws 1959, ch. 324, § 3; 1966, ch. 65, § 15; 1981, ch. 125, § 49.

The 1981 amendment, effective on July 1, 1981, added the introductory paragraph, substituted "provided in Subsections A through C of this section" for "above provided" in Subsection D and made other minor changes.

Generally. — By its title, the act (Sections 42-2-1 to 42-2-16 NMSA 1978) is one providing an alternative procedure whereby public or private property may be condemned for highway purposes. State ex rel. State Hwy. Comm'n v. Board of Cnty. Comm'rs, 1963-NMSC-074, 72 N.M. 86, 380 P.2d 830.

Legislative approval prior to condemnation by state highway department unnecessary. — Even though legislative approval prior to condemnation by the state highway department is not necessary under this section, 13-6-2 NMSA 1978, still controls the distribution of proceeds from the sale or condemnation. 1969 Op. Att'y Gen. No. 69-144.

Condemnation of Indian lands. — The state highway department may condemn lands belonging to the intertribal Indian ceremonial association without legislative approval if the provisions of this section are complied with. 1969 Op. Att'y Gen. No. 69-144.

Law reviews. — For note, "Cultural Properties Act - Turley v. State and the New Mexico Cultural Properties Act: A Matter of Interpretation," see 13 N.M.L. Rev. 737 (1983).