§ 42A-3-1 — State, county, municipality or school district;

appropriation of property; nature of interest. A. Property may also be condemned by the state, any county, municipality or school district for the public use of the state, county, municipality or school district for: (1) public buildings and grounds; (2) canals, aqueducts, reservoirs, tunnels, flumes, ditches, conduits for conducting or storing water for drainage, the raising of banks of streams and the removing of obstructions; (3) roads, streets, alleys and thoroughfares; (4) public parks and playgrounds; (5) ferries, bridges, electric railroads or other thoroughfares or passways for vehicles; (6) canals, ditches, flumes, aqueducts and conduits for irrigation; (7) electric lines; (8) electric utility plants, properties and facilities consistent with the authority granted in Chapter 3, Article 24 NMSA 1978; (9) the production of sand, gravel, caliche and rock used or needed for building, surfacing or maintaining streets, alleys, highways or other public grounds or thoroughfares; and (10) public airports or landing fields incident to the operation of aircraft. B. No land shall be condemned for the production of sand, gravel, caliche or rock that is in the possession or ownership of a person, firm or corporation engaged at the time the proceeding is brought in the actual production of such material from such land sought to be condemned. Nor shall any land be condemned for municipal purposes that may be shown by the owner or lessee to have a content of precious metal sufficient to produce the mineral in paying quantities. C. Unless the petition to condemn specifically provides for a transfer of less than the fee, all real property acquired pursuant to this section shall be acquired and held in fee simple absolute.

Legislative History

Laws 1981, ch. 125, § 33; 1997, ch. 228, § 3.