2006 New Mexico Statutes - Section 3-46-33 — Utility relocation.

3-46-33. Utility relocation.

A.     In the event any municipality, urban renewal agency or other public body, in exercising any of the powers conferred by the Urban Renewal Law [ 3-46-1 to 3-46-45 NMSA 1978], makes necessary the relocation, removal, raising, rerouting or changing the grade of or altering the construction of any pipeline, pole, line, wire or other facility or property of a privately or cooperatively owned utility, or of a publicly or municipally owned utility except to the extent the municipality elects to have the publicly or municipally owned utility's relocation costs reimbursed by local assessments or except to the extent that the municipality elects to utilize such relocation costs as local non-cash grants-in-aid to an urban renewal project, all such necessary relocation, removal, raising, rerouting, changing of grade or alteration of construction shall be accomplished at the expense of the municipality, urban renewal agency or other public body making the same necessary.   

Provided further, this section shall not apply to any existing urban renewal project presently fully approved by the local governing body, and in execution.   

B.     As used in Subsection A of this section, "expense" means the entire cost to the utility properly attributable to such relocation, removal, raising, rerouting, changing of grade or alteration of construction, after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility.   

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