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Bill > SB452


NM SB452

NM SB452
Public Use & "eminent Domain"


summary

Introduced
01/29/2017
In Committee
01/29/2017
Crossed Over
Passed
Dead
03/18/2017

Introduced Session

2017 Regular Session

Bill Summary

AN ACT RELATING TO PROPERTY; PROVIDING THAT "PUBLIC USE" FOR EMINENT DOMAIN DOES NOT INCLUDE THE PUBLIC BENEFITS OF ECONOMIC DEVELOPMENT; REQUIRING JUST COMPENSATION TO BE AT LEAST EQUAL TO THE PURCHASE PRICE; PROVIDING JUST COMPENSATION TO LANDOWNERS FOR A DIMINUTION IN VALUE OF THEIR PROPERTY CAUSED BY THE ENACTMENT OF A LAND USE LAW.

AI Summary

This bill proposes several key changes to New Mexico's eminent domain laws: 1. It defines "public use" for eminent domain purposes, explicitly excluding the public benefits of economic development, such as increased tax revenue or employment, as a valid justification for eminent domain. 2. It requires that just compensation for property taken through eminent domain be at least equal to the original purchase price paid by the property owner, or the current appraised market value, whichever is greater. 3. It entitles property owners to just compensation if a new land use law enacted after they acquired the property reduces the fair market value of their property, with certain exemptions for laws addressing public health and safety, nuisances, federal requirements, and other limited circumstances. Property owners can file suit if the state or local government does not provide compensation within 90 days of a written demand. The bill aims to provide greater protections for private property rights by limiting the use of eminent domain for economic development purposes and ensuring fair compensation for property owners affected by new land use regulations.

Committee Categories

Transportation and Infrastructure

Sponsors (1)

Last Action

[LD 13] Referred to Senate Corporations & Transportation (on 01/29/2017)

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