0001|                       SENATE JOINT MEMORIAL 71
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                            PHIL A GRIEGO
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0005|     
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0006|                                   
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0007|     
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0008|     
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0009|     
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0010|                           A JOINT MEMORIAL
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0011|     REQUESTING STUDIES OF THE GOVERNMENTAL TAKINGS ISSUE.
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0012|     
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0013|          WHEREAS, rights inherent and in association with the
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0014|     ownership of private property are constitutionally protected by
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0015|     the fifth and fourteenth amendments to the United States
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0016|     constitution as well as by Article 2, Section 20 of the
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0017|     constitution of New Mexico, which reads:  "[p]rivate property
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0018|     shall not be taken or damaged for public use without just
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0019|     compensation"; and
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0020|          WHEREAS, the taking of private property has become a major
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0021|     issue in public policy; and
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0022|          WHEREAS, government action in enacting and implementing
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0023|     regulations, intended to be in the public interest and in the
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0024|     public welfare, often may infringe on the rights of private
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0025|     property ownership by reducing the value, limiting the use of
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0001|     or otherwise adversely impacting privately owned property of
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0002|     New Mexico residents; and
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0003|          WHEREAS, protection of private property ownership is in
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0004|     the public interest and, being a responsibility of the
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0005|     government at all levels, should be considered in any enactment
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0006|     of regulations; and
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0007|          WHEREAS, a sensitivity to regulations that result in an
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0008|     inadvertent negative impact upon private property where
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0009|     possible is a goal to be achieved by all agencies at all levels
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0010|     of government; and
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0011|          WHEREAS, the costs of both time and financial investment
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0012|     for the average New Mexico citizen may effectively bar access
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0013|     to legal remedy for regulatory takings; and
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0014|          WHEREAS, litigation against federal, state and municipal
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0015|     governments continues to increase and is creating fiscal
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0016|     hardships for those governmental units;
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0017|          NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE
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0018|     STATE OF NEW MEXICO that the governor be encouraged to proclaim
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0019|     a conference with all state, county and municipal regulatory
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0020|     agencies as well as environmental groups, property owner
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0021|     representatives, farm and ranch organizations, to generate a
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0022|     better understanding of the regulatory takings issue; and
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0023|          BE IT FURTHER RESOLVED that the conference recommend
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0024|     legislation to reduce damage to private property or to
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0025|     compensate for any damage caused by wild game; and
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0001|          BE IT FURTHER RESOLVED that the New Mexico legislative
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0002|     council create an interim committee to study the governmental
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0003|     takings issue or assign this issue to an interim committee; and 
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0004|          BE IT FURTHER RESOLVED that a copy of this memorial be
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0005|     transmitted to the governor and the New Mexico legislative
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0006|     council.
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0007|                                  
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0008|     
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0009|            
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0010|   
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0011|                      FORTY-THIRD LEGISLATURE
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0012|                        FIRST SESSION, 1997
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0013|   
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0014|   
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0015|                                                  March 20, 1997
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0016|   
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0017|   Mr. President:
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0018|   
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0019|       Your CONSERVATION COMMITTEE, to whom has been referred
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0020|   
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0021|                      SENATE JOINT MEMORIAL 71
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0022|   
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0023|   has had it under consideration and reports same with
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0024|   recommendation that it DO PASS.
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0025|   
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0001|                                Respectfully submitted,
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0002|   
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0003|   
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0004|   
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0005|                                
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0006|   __________________________________
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0007|                                Michael S. Sanchez, Chairman 
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0008|   
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0009|   
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0010|   
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0011|   Adopted_______________________   Not
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0012|   Adopted_______________________
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0013|             (Chief Clerk)                          (Chief Clerk)
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0014|   
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0015|   
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0016|   
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0017|                     Date ________________________
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0018|   
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0019|   
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0020|   The roll call vote was <u> 7 </u> For <u> 0 </u> Against
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0021|           Yes:    7
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0022|           No:     None
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0023|                Excused:     Davis, Macias, Payne
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0024|           Absent: None
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0025|   
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0001|   
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0002|   SJ071C01
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