Any foreign or domestic railroad, telephone or telegraph company which is duly qualified and doing business in New Mexico shall have the power of eminent domain for acquiring property for public use for the purpose of constructing lines, microwave systems and structures and other communication or transportation structures and other facilities necessary for the operation for [of] such transportation or communication system for such entity according to the procedure for condemnation as provided in the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978].
History: 1978 Comp., § 42A-2-1, enacted by Laws 1981, ch. 125, § 29.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For municipal airports, see 3-39-1 NMSA 1978 et seq.
For county flood commissioners condemning property, see 4-50-5 NMSA 1978.
For state game commission, see 17-4-1 NMSA 1978 et seq.
For public utilities, see 62-1-4 NMSA 1978.
For condemnation by water-works corporation of water-ways, see 62-2-16 NMSA 1978.
For pipe-lines, see 70-3-5 NMSA 1978.
For construction of water-ways, see 72-1-5 NMSA 1978.
For dominant right of eminent domain in conservancy districts, see 73-14-41 NMSA 1978.
Railroads can acquire possessory rights when no complaints made. — When the railroad company took possession of the land and used it for its purposes for 30 years without complaint by the landowners, it acquired all possessory rights to the land necessary for its purposes. Timberlake v. Southern Pac. Co., 1969-NMSC-143, 80 N.M. 770, 461 P.2d 903.
Power of eminent domain belongs to telephone corporation. — Corporation, engaged as a public utility in furnishing telephone service to the public, has the power of eminent domain. State Hwy. Comm'n v. Ruidoso Tel. Co., 1963-NMSC-150, 73 N.M. 487, 389 P.2d 606.
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.
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