2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 24 - Electric Utility
Section 3-24-7 - Limitations on electric utility of municipality.
A. No municipality in the operation of its electric utility may exercise dominion over territory outside its boundary in which rights have been granted to an electric cooperative under the provisions of Section 62-15-3 NMSA 1978.
B. All acts and parts of acts in conflict with Sections 3-24-1 through 3-24-10 NMSA 1978, are repealed, except that these sections shall not be construed as amending or repealing Section 62-9-1 NMSA 1978.
History: 1953 Comp., § 14-23-7, enacted by Laws 1965, ch. 300.
ANNOTATIONSConstitutionality of limiting municipal electric system's right to serve area. — Where the legislature limits a municipal electric system's right to serve in an area, that legislative limitation does not constitute an unconstitutional exclusive franchise in violation of N.M. Const., art. IV, § 26. Springer Elec. Coop. v. City of Raton, 1983-NMSC-036, 99 N.M. 625, 661 P.2d 1324.
Municipality to yield to rural cooperative's project outside municipal boundary. — This section and 3-24-1 NMSA 1978 require that a municipality shall yield to rural cooperative's project which rightfully extends lines or service to an area referred to in 3-24-1A(2) NMSA 1978. Springer Elec. Coop. v. City of Raton, 1983-NMSC-036, 99 N.M. 625, 661 P.2d 1324 (1983).
Injunctive relief held premature. — An electric cooperative which had not yet acquired a plant nor transmission lines acted prematurely in bringing suit in equity to enjoin town from acquiring electric transmission and distribution lines outside corporate limits where plaintiff held a previously acquired franchise. Sierra Elec. Coop. v. Town of Hot Springs, 1947-NMSC-022, 51 N.M. 150, 180 P.2d 244.
