2011 New Mexico Statutes
Chapter 42A: Condemnation Proceedings
Article 2: Public Utilities, 42A-2-1 through 42A-2-4
Section 42A-2-3: Property of public utilities.
42A-2-3. Property of public utilities.
A. If the property to be condemned is held by any public utility corporation, the right to condemn such property by a railroad, telephone or telegraph company is limited to such use as shall not materially interfere with the uses to which by law the public utility corporation holding the property is authorized to use it.
B. Where no agreement can be made between the parties, the method of assessing the damages to private persons as provided pursuant to the provisions of the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978] shall be used.
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