Any municipality owning, operating or proposing to construct an electric utility has the power of eminent domain for the purpose of acquiring property for the use of the electric utility according to the procedure for condemnation as provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978]. History: 1953 Comp., § 14-23-5, enacted by Laws 1965, ch. 300; 1969, ch. 251, § 4; 1981, ch. 125, § 37. ANNOTATIONSCross references. — For eminent domain power of municipality, see 3-18-10 NMSA 1978. Section not authority for condemning existing utility. — Condemning an existing public utility and then using the condemned property in the exact same fashion does not encompass construction of an electric utility; thus, the language of this section is insufficient to allow a municipality to condemn an existing public electric utility. City of Las Cruces v. El Paso Elec. Co., 904 F. Supp. 1238 (D.N.M. 1995).
New Mexico Legal Code