reglab/housing_qa huggingface dataset:
NM Stat § 70-3-1 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 3 - Pipelines|Section 70-3-1 - [Rates for pipeline common carriers transporting oil or products between points in New Mexico.]

The corporation commission [public regulation commission] may prescribe reasonable maximum rates for the transportation of oil and the products derived therefrom, where such products are transported by a pipeline common carrier from any point in New Mexico to an ultimate destination in New Mexico, provided, in the event the reasonableness of such rates are [is] contested in the manner provided by law, the burden of proof to show the unreasonableness of such rates shall be upon the person, firm, association or corporation contesting the same. History: 1941 Comp., § 69-315, enacted by Laws 1953, ch. 42, § 2; 1953 Comp., § 65-4-2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler. It was not enacted by the legislature and is not part of the law. Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission. Law reviews. — For note, "The Use of Eminent Domain for Oil and Gas Pipelines in New Mexico," see 4 Nat. Res. J. 360 (1964). For article, "Memories and Miracles Housing the Rural Poor along the United States-Mexico Border: A Comparative Discussion of Colonia Formation and Remediation in El Paso County, Texas, and Dona Ana County, New Mexico," see 27 N.M.L. Rev. 33 (1997). Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Pipelines § 4. 13 C.J.S. Carriers §§ 138 to 194.
NM Stat § 70-3-3 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 3 - Pipelines|Section 70-3-3 - Exceptions.

The foregoing provisions of Section 70-3-2 NMSA 1978 shall not apply to gathering lines or systems operated exclusively for the gathering of oil or gas in any field or area; to any gas distribution system; or to pipelines constituting a part of any tank farm, plant facilities of any processing plant, gasoline plant, refinery, carbon-black plant, pressure maintenance, underground storage projects, recycling system or other similar operations and such lines and systems shall not be included in computing the fees payable under the licensing provision of Section 70-3-2 NMSA 1978. History: 1941 Comp., § 69-317, enacted by Laws 1953, ch. 42, § 4; 1953 Comp., § 65-4-4; Laws 1969, ch. 71, § 11. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Railroad company's right to permit laying of oil and gas pipeline under its right-of-way, 94 A.L.R. 532, 149 A.L.R. 378.
NM Stat § 70-3-4 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 3 - Pipelines|Section 70-3-4 - Pipelines; crossing of railroads and highways.

The crossing of any pipeline operated for the conveyance of oil, natural gas, carbon dioxide gas or the products derived therefrom under any railroad or public road or highway in this state, outside of the confines of any municipal corporation, shall be constructed and maintained according to reasonable rules and regulations adopted by the corporation commission [public regulation commission] of New Mexico, not inconsistent, however, with the applicable requirements of the state highway department. History: 1941 Comp., § 69-319, enacted by Laws 1953, ch. 42, § 6; 1953 Comp., § 65-4-6; Laws 1980, ch. 20, § 20. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler. It was not enacted by the legislature and is not part of the law. Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission. Law reviews. — For article, "Survey of New Mexico Law, 1979-80: Property," see 11 N.M.L. Rev. 203 (1981).
NM Stat § 70-3-6 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 3 - Pipelines|Section 70-3-6 - [Private telegraph or telephone line along right-of-way of pipeline.]

The owners or operators of any pipelines for which any right-of-way is obtained under the provisions of this act shall be entitled to erect and construct a telephone or telegraph line upon and along such right-of-way for use in the operation of such pipeline, and shall not be required to operate said telegraph or telephone line as a toll line, or to open same to the use of the public; provided, that the construction and maintenance of said telephone or telegraph line shall not unduly interfere with the cultivation of any agricultural land. History: 1941 Comp., § 69-322, enacted by Laws 1953, ch. 42, § 9; 1953 Comp., § 65-4-9. ANNOTATIONSCompiler's notes. — The term "this act" refers to Laws 1953, ch. 42, the provisions of which are presently compiled as 70-3-1 to 70-3-6 NMSA 1978. Law reviews. — For article, "How to Stand Still Without Really Trying: A Critique of the New Mexico Administrative Procedures Act," see 10 Nat. Res. J. 840 (1970).
NM Stat § 70-3-7 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 3 - Pipelines|Section 70-3-7 - [Use of public highways by pipeline; grant of right by county commissioners.]

The county commissioners of the various counties in the state are hereby empowered and authorized to grant rights-of-way for laying and maintaining pipelines for oil and gas transportation in, on or over public highways in their respective counties to all applicants upon such terms and conditions as such county commissioners deem to be for the best interests of their respective counties, and as prescribed by the terms of this act [70-3-7 to 70-3-9 NMSA 1978]. History: Laws 1921, ch. 22, § 1; C.S. 1929, § 33-4249; 1941 Comp., § 69-310; 1953 Comp., § 65-4-11. ANNOTATIONSApplication of act. — So far as use of roads is made for transportation alone but not for distribution, 70-3-7 NMSA 1978 will apply, and in event commodity is being transported on public ways for resale to public utility, and not directly by owner of pipe for distribution to general public, a charge can be made under this section. 1957 Op. Att'y Gen. No. 57-124. Law reviews. — For note, "The Use of Eminent Domain for Oil and Gas Pipelines in New Mexico," see 4 Nat. Res. J. 360 (1964). Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Pipelines § 27. 73A C.J.S. Public Lands § 70.
NM Stat § 70-3-9 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 3 - Pipelines|Section 70-3-9 - Pipeline highway use forms.

The state transportation commission shall cause to be prepared the necessary blank forms for carrying out the provisions of Sections 70-3-7 through 70-3-9 NMSA 1978. History: Laws 1921, ch. 22, § 3; C.S. 1929, § 33-4251; 1941 Comp., § 69-312; 1953 Comp., § 65-4-13; Laws 2003, ch. 142, § 90. ANNOTATIONSThe 2003 amendment, effective July 1, 2003, added the section heading; substituted "state transportation commission" for "state highway commission"; and substituted "Sections 70-3-7 through 70-3-9 NMSA 1978" for "this act".
NM Stat § 70-3-10 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 3 - Pipelines|Section 70-3-10 - [Attachment of articles to pipeline which may cause leakage or loss; disturbance of pipeline; penalty.]

Any person who shall wilfully or maliciously affix, attach to or connect with any natural or artificial gas or liquefied petroleum pipeline in the state of New Mexico any article or thing whereby leakage or loss of gas from said line shall or may be affected [effected], and any person who shall wilfully or maliciously by any means disturb a natural or artificial gas or liquefied petroleum pipeline or cause leakage or loss of gas from any such gas pipeline shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100.00 or by imprisonment in the county jail not more than 60 days, or by both such fine and imprisonment. History: 1941 Comp., § 69-313, enacted by Laws 1951, ch. 134, § 1; 1953 Comp., § 65-4-14. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 70-3-11 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 3 - Pipelines|Section 70-3-11 - Short title.

This act [70-3-11 to 70-3-20 NMSA 1978] may be cited as the "Pipeline Safety Act." History: 1953 Comp., § 65-4-15, enacted by Laws 1969, ch. 71, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Pipelines §§ 9, 10. Oil and gas tanks, pipes and pipelines, and apparatus and accessories thereof as constituting attractive nuisance, 23 A.L.R.2d 1157.
NM Stat § 70-3-13.1 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 3 - Pipelines|Section 70-3-13.1 - Master meter outreach and education.

On the effective date of this legislation, the commission shall: A. commence a continuing industry outreach to coordinate and conduct education and certification programs concerning pipeline safety laws and regulations with respect to master meters; B. develop agreements with the building and construction oversight divisions of the state and of local governments with the intent of minimizing dual jurisdiction of master meters; and C. apply the waiver provisions of Section 70-3-16 NMSA 1978 to violations of safety regulations pertaining to master meters occurring prior to July 1, 2004. History: Laws 2004, ch. 80, § 2. ANNOTATIONSEffective dates. — Laws 2004, ch. 80, § 5, made the act effective July 1, 2004.
NM Stat § 70-3-14 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 3 - Pipelines|Section 70-3-14 - Adoption of regulations; notice and hearing.

No regulation or amendment or repeal of any regulation shall be adopted by the commission under the Pipeline Safety Act [70-3-11 to 70-3-20 NMSA 1978] until after a public hearing by the commission. Hearings on regulations shall be held at Santa Fe. Notice of hearing shall: A. be given at least thirty days prior to the hearing date; B. state the subject of the hearing; C. indicate the time and place of the hearing; D. state the manner in which interested persons may present their views; and E. state where interested persons may secure copies of any proposed regulation. The notice shall be published in a newspaper of general circulation in the state. Reasonable efforts shall be made to give notice to all persons who have made a written request to the commission for advance notice of hearings conducted under the Pipeline Safety Act. At any hearing, the commission shall give all interested persons reasonable opportunity to submit data, views or arguments orally or in writing and to examine witnesses testifying at the hearing. A complete record of the proceedings at any hearing shall be made and preserved by the commission. A copy of the transcript shall be furnished upon demand of any party to the hearing, upon payment of a reasonable charge for reproducing the record. The fee shall be fixed by regulation of the commission. After the conclusion of any hearing, the commission shall make and file its findings of fact and order. Any person heard or represented at the hearing shall be given written notice of the findings and order of the commission. No regulation adopted by the commission shall become effective until thirty days after its filing according to the provisions of the State Rules Act [Chapter 14, Article 4 NMSA 1978] or any later date as set forth in the commission's order adopting the regulation. History: 1953 Comp., § 65-4-18, enacted by Laws 1969, ch. 71, § 4. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 152 et seq. 73 C.J.S. Public Administrative Law and Proceedings §§ 103 to 106.
NM Stat § 70-3-15 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 3 - Pipelines|Section 70-3-15 - Validity of regulation; judicial review.

A. Any person who is a party to any proceeding before the commission and who is or may be adversely affected by a regulation adopted by the commission, or by any order of the commission, may appeal by petition to the court of appeals for such relief as may be granted by the court, charging in the petition that the regulation or order is unreasonable, unlawful, capricious, arbitrary, inappropriate for the particular type of pipeline transportation or fails to contribute to the public safety. The petition shall name the New Mexico corporation commission [public regulation commission] as the appellee therein and shall state briefly the nature of the proceeding before the commission and shall set forth the regulation or order complained of and the grounds upon which the petitioner will rely. Appeals shall be upon the record made at the commission hearing on the regulation or order, and shall be taken: (1) within thirty days after the regulation is filed in accordance with the provisions of the State Rules Act [Chapter 14, Article 4 NMSA 1978]; or (2) within thirty days after the effective date of the commission's order, whichever is the later date. B. An appeal does not stay the operation of the commission's order or regulation, unless the court of appeals orders a stay of the operation of the order or regulation on such terms as it deems just and in accordance with the practice of the courts exercising equity jurisdiction. History: 1953 Comp., § 65-4-19, enacted by Laws 1969, ch. 71, § 5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler. It was not enacted by the legislature and is not part of the law. Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission. Law reviews. — For article, "How to Stand Still Without Really Trying: A Critique of the New Mexico Administrative Procedures Act," see 10 Nat. Res. J. 840 (1970). Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 415 et seq. 73A C.J.S. Public Administrative Law and Proceedings § 172 et seq.
NM Stat § 70-3-16 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 3 - Pipelines|Section 70-3-16 - Waiver of regulations.

Upon application by any person engaged in the transportation of gas or oil or owning or operating gas or oil pipeline facilities, the commission may, after notice and opportunity for hearing, and under such terms and conditions, and to such extent as the commission deems appropriate, waive compliance with any regulation established under the Pipeline Safety Act [70-3-11 to 70-3-20 NMSA 1978], if the commission determines that a waiver of compliance with the regulation is not inconsistent with pipeline safety. Any waiver for the transportation of gas or for gas pipeline facilities shall be subject to approval by the federal agency having jurisdiction as provided in Section 3(e) of the Natural Gas Pipeline Safety Act of 1968, being Public Law 90-481. History: 1953 Comp., § 65-4-20, enacted by Laws 1969, ch. 71, § 6. ANNOTATIONSCross references. — For Section 3 (e) of the Natural Gas Pipeline Safety Act of 1968, see 49 U.S.C. § 1672(d).
NM Stat § 70-3-17 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 3 - Pipelines|Section 70-3-17 - Continuity of service.

When a proposed regulation or commission order will, or may, affect continuity of any gas service, the commission shall consult with any other state or federal agency having jurisdiction over the affected transportation of gas or gas pipeline facility before adopting the regulation or order and shall defer the effective date of the regulation or order until the other state or federal agency has had reasonable opportunity to take such action as it shall deem necessary. History: 1953 Comp., § 65-4-21, enacted by Laws 1969, ch. 71, § 7.
NM Stat § 70-3-18 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 3 - Pipelines|Section 70-3-18 - Compliance.

A. Each person who engages in the transportation of oil or gas or who owns or operates oil or gas pipeline facilities shall: (1) at all times after the effective date of any regulation, comply with the requirements of the regulation; (2) comply with any plan of inspection and maintenance required to be filed with the commission by the person; and (3) permit the commission access to or the copying of pertinent records, and make reports or provide information to the commission as may be reasonably required, and permit entry to or inspection of its gas or oil pipeline facilities by the commission. B. Nothing in the Pipeline Safety Act [70-3-11 to 70-3-20 NMSA 1978] shall affect the common law or statutory tort liability of any person. History: 1953 Comp., § 65-4-22, enacted by Laws 1969, ch. 71, § 8.
NM Stat § 70-3-20 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 3 - Pipelines|Section 70-3-20 - Pipeline safety engineer and staff.

The commission shall appoint a professional engineer who shall have at least five years' actual experience in the design, construction, maintenance and operation of oil or gas pipeline facilities and who shall be designated "pipeline safety engineer." The commission shall retain such other personnel as may be necessary to carry out the provisions of the Pipeline Safety Act [70-3-11 to 70-3-20 NMSA 1978], and the commission shall, subject to state laws and regulations covering classification and compensation of state employees, be empowered and authorized to fix the compensation to be paid the pipeline safety engineer, and the compensation of other personnel employed under the authority of this section shall be subject to the state Personnel Act [Chapter 10, Article 9 NMSA 1978]. History: 1953 Comp., § 65-4-24, enacted by Laws 1969, ch. 71, § 10. ANNOTATIONSAppointment of engineer. — This section does not expressly designate the professional engineer head of pipeline department; it merely commands commission to appoint an engineer. 1971 Op. Att'y Gen. No. 71-28.
NM Stat § 70-3-21 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 3 - Pipelines|Section 70-3-21 - Pipeline safety fund; created; assessment and collection of fees.

A. The "pipeline safety fund" is created in the state treasury for the purpose of enhancing the staffing and training of the pipeline safety bureau of the commission with the goal of assuming the function of inspection of interstate as well as intrastate pipelines. The fund shall consist of fees collected pursuant to Subsection D of this section, appropriations, gifts, grants, donations and earnings from investment of the fund. Balances in the fund shall not be transferred to the general fund at the end of any fiscal year. B. The pipeline safety fund shall be administered by the commission. Money in the fund is appropriated to the commission to carry out its duties pursuant to the provisions of the Pipeline Safety Act [70-3-11 to 70-3-20 NMSA 1978] and Chapter 62, Article 14 NMSA 1978. Not more than five percent of the fees collected pursuant to Subsection D of this section shall be used by the commission for administrative purposes. C. Payments from the pipeline safety fund shall be made upon vouchers issued and signed by the director of the administrative services division of the commission or the director's authorized representative upon warrants drawn by the secretary of finance and administration. D. The commission shall collect annual pipeline safety fees for the duties relating to inspection of intrastate pipelines from persons subject to the Pipeline Safety Act in accordance with and not to exceed the following amounts: (1) for the transportation of gas: (a) two dollars ($2.00) per domestic service line; (b) thirty-five dollars ($35.00) per commercial service line; (c) thirty-five dollars ($35.00) per mile of line for the transportation of gas subject to inspection by the pipeline safety bureau, with a minimum assessment of four hundred dollars ($400); and (d) one hundred dollars ($100) per master meter, direct sales lateral or liquified petroleum gas system; and (2) for the transportation of oil, thirty-five dollars ($35.00) per mile of transmission line subject to inspection by the pipeline safety bureau, with a minimum assessment of four hundred dollars ($400). A fee shall not be assessed on mileage under the jurisdiction of or inspected by the federal department of transportation. E. The commission shall annually conduct a public review of the fees collected and payments made from the fund and provide a summary to the legislative finance committee and the department of finance and administration. Based upon its findings, the commission shall adjust the annual fee rates authorized by Subsection D of this section in order to collect only that amount estimated to be necessary to carry out the provisions of the Pipeline Safety Act and Chapter 62, Article 14 NMSA 1978; provided that the fees shall not be greater than the amounts set forth in Subsection D of this section. History: Laws 2004, ch. 80, § 1. ANNOTATIONSEffective dates. — Laws 2004, ch. 80, § 5 made the act effective July 1, 2004.
NM Stat § 70-3-22 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 3 - Pipelines|Section 70-3-22 - Pipeline safety fee.

A public utility that is assessed a pipeline safety fee shall be entitled to collect the fee from its rate payers without the requirement of a request for a change in rates. The utility shall notify the commission in writing of the imposition and amount of the fee and, if practicable, shall show the fee as a separate line item on its bill statements to consumers. History: Laws 2004, ch. 80, § 4. ANNOTATIONSEffective dates. — Laws 2004, ch. 80, § 5 made the act effective July 1, 2004.
NM Stat § 70-3A-1 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 3A - Gathering Line Land Acquisition|Section 70-3A-1 - Short title.

Sections 1 through 7 [70-3A-1 to 70-3A-7 NMSA 1978] of this act may be cited as the "Gathering Line Land Acquisition Act". History: Laws 1988, ch. 26, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Pipelines §§ 20 to 38.
NM Stat § 70-3A-2 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 3A - Gathering Line Land Acquisition|Section 70-3A-2 - Definitions.

As used in the Gathering Line Land Acquisition Act: A. "mineral developer" means a mineral owner, operator, lessee or natural gas or petroleum pipeline company that is engaged in the production or conveyance by pipeline of natural gas or petroleum; and B. "property owner" means the person who holds an ownership interest in the property to be acquired for the purpose of constructing a natural gas or petroleum gathering line or an associated disposal line, other than the property on which the well to be connected to a natural gas or petroleum gathering line or to be connected to an associated disposal line is to be located. History: Laws 1988, ch. 26, § 2; 1993, ch. 338, § 2. ANNOTATIONSThe 1993 amendment, effective June 18, 1993, substituted "lessee or natural gas or petroleum pipeline company that" for "or lessee who" and inserted "or conveyance by pipeline" in Subsection A.