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F I S C A L I M P A C T R E P O R T

SPONSOR Sanchez, M.

ORIGINAL DATE

LAST UPDATED

1/29/07

HB

SHORT TITLE Limiting the Power of Eminent Domain

SB 469

ANALYST Propst

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Office of the Attorney General (OAG)

SUMMARY

Synopsis of Bill

Senate Bill 469 would amend NMSA Section 3-18-10 to limit a municipality’s exercise of its

power of eminent domain to within its boundaries, deleting authorization to exercise that power

within its “planning and platting jurisdiction".

SIGNIFICANT ISSUES

According to the Office of the Attorney General, current law allows a city, town or village to

exercise its power of eminent domain within its boundaries and within its platting and planning

jurisdiction which goes beyond those boundaries. NMSA Section 3-19-5 establishes that

jurisdiction based upon population. Except for Albuquerque, that jurisdiction includes territory

within three to five miles of actual boundaries. Current law contemplates allowing a city, town

or village to expand its boundaries through the use of its power of eminent domain pursuant to its

master plan. This bill would disallow use of that power beyond municipal boundaries.

WEP/nt