Any person, firm, corporation or association may exercise the right of eminent domain to take and acquire property and [a] right-of-way for the construction, maintenance and operation of a drainage ditch, which shall be located as to do the least damage to private property consistent with its proper use and construction, such property and right-of-way shall be acquired in the manner provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978].
History: Laws 1912, ch. 84, § 82; Code 1915, § 1958; C.S. 1929, § 40-187; 1941 Comp., § 77-1956; 1953 Comp., § 75-20-56; Laws 1981, ch. 125, § 57.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
The 1981 amendment revised the section heading, substituted "property and" for "land" following "acquire" near the beginning of the section, substituted "property" for "land" following "such" near the end of the section and substituted "the Eminent Domain Code" for "law for the condemnation and taking of private property in the state of New Mexico for railroads, telegraph and telephone and other public uses and purposes" at the end of the section.
Section is limited in its application to such persons as have been assessed for the cost of construction of works of a drainage district and does not violate N.M. Const., art. IV, § 16, which prohibits more than one subject to be embraced in a bill. In re Dexter-Greenfield Drainage Dist., 1915-NMSC-097, 21 N.M. 286, 154 P. 382.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts § 5.
Right of owner of land not originally taken or purchased as part of adjacent project to recover, on enlargement of project to include adjacent land, enhanced value of property by reason of proximity to original land, 95 A.L.R.3d 752.
28 C.J.S. Drains §§ 56, 78.
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