appropriation of property; nature of interest.

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Terms Used In New Mexico Statutes 42A-3-1

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

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 N.M. Stat. Ann. Chapter 3, Article 24;

(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.

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