2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 12 - Electrical Irrigation Districts
Section 73-12-26 - Right of eminent domain.
The board of directors shall have the power to construct the said works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch or flume which the route of said canal or canals, power, transmission or pipelines may intersect or cross; and if said board and the owners or controllers of the property so to be crossed cannot agree on the amount to be paid therefor, or as to the points or the matter of said crossings, the same shall be ascertained and determined in all respects as is provided by law in respect to the taking of land for public uses. The right-of-way is hereby granted to locate, construct and maintain said works or reservoirs, over, through or upon any of the lands which are now, or may be the property of the state.
History: Laws 1929, ch. 76, § 26; C.S. 1929, § 73-726; 1941 Comp., § 77-2426; 1953 Comp., § 75-25-26.
ANNOTATIONSCross references. — For eminent domain, see 42A-1-1 NMSA 1978 et seq.
For bridges over road crossings, see 67-7-9 and 72-8-2 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 89.
Eminent domain for water power, combination of public and private purposes, 53 A.L.R. 9
94 C.J.S. Waters § 315.
