2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 26 - Sewage Facilities › Section 3-26-1 - Sanitary sewers; authority to acquire; condemnation; jurisdiction over system.

A. In the manner provided in Section 3-23-2 NMSA 1978, a municipality may, within and without the municipality:
(1) acquire and maintain facilities for the collection, treatment and disposal of sewage;
(2) condemn private property for the construction, maintenance and operation of sewer facilities; and
(3) acquire, maintain, contract for or condemn for use as a municipal utility privately owned sewer facilities used or to be used for the collection, treatment and disposal of sewage of the municipality or its inhabitants.
B. For the purpose of acquiring, maintaining, contracting for, condemning or protecting the sewer facilities, the jurisdiction of the municipality extends to the territory occupied by the sewer facilities; in exercising its jurisdiction to acquire, maintain, contract for or condemn, the municipality shall not act so as to physically isolate and make nonviable any portion of the sewer facilities, within or without the municipality.
C. Proceedings to obtain any condemnation authorized in this section shall be in the manner provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978].
History:
1953 Comp., § 14-25-1, enacted by Laws 1965, ch. 300; 1969, ch. 251, § 6; 1994, ch. 99, § 1.
ANNOTATIONS
Cross references.
— For eminent domain power of municipality,
see
3-18-10 NMSA 1978.
For power of municipality relating to requirement for sanitary facilities,
see
3-18-22 NMSA 1978.
For powers of municipalities relating to opening and maintenance of sewers and drains,
see
3-18-25 NMSA 1978.
For Sanitary Projects Act,
see
Chapter 3, Article 29 NMSA 1978.
For excess indebtedness permitted for sewer system,
see
N.M. Const., art. IX, § 13.
For Tort Claims Act,
see
41-4-1 NMSA 1978 et seq.
For Eminent Domain Code,
see
42A-1-1 to 42A-1-33 NMSA 1978.
The 1994 amendment,
effective May 18, 1994, added Subsection A(3) and Subsection C relating to the acquisition of a municipal sewer facility, and made minor stylistic changes throughout the section.
Jurisdiction of municipal condemnation of public utility.
— The public utilities commission does not have jurisdiction over municipal condemnations of regulated water and sewer utilities.
United Water N.M., Inc. v. New Mexico Pub. Util. Comm'n
, 1996-NMSC-007, 121 N.M. 272, 910 P.2d 906.
Scope of city's authority.
— An ordinance adopting a radionuclide water disposal standard fifty times more stringent than the standard adopted by the state and federal governments is invalid as beyond the city's delegated authority.
Interstate Nuclear Services Corp., v. City of Santa Fe
, 179 F. Supp.2d 1253 (D.N.M. 2000).
Statute not limited to domestic wastes.
— Sections 3-26-1 NMSA 1978 et seq., dealing with municipal sewage facilities, are not limited to domestic wastes but speak in terms of waste in general. 1978 Op. Att'y Gen. No. 78-15.
County authority over sewage facilities meets federal regulatory standard.
— Pursuant to 4-37-1 NMSA 1978 and this section, counties have the authority to acquire and maintain sewage facilities and thereby meet the requirements of 40 C.F.R. § 131.11(o)(2)(ii) (since removed), which requires an agency to have the authority to effectively manage waste treatment works, etc. 1978 Op. Att'y Gen. No. 78-15.
Law reviews.
— For note, "United Water New Mexico v. New Mexico Public Utility Commission: Why Rules Governing the Condemnation and Municipalization of Water Utilities May Not Apply to Electric Utilities," see 38 Nat. Resources J. 667 (1998).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 569 to 574.
Establishment or extension of sewer as a public use or purpose for which power of eminent domain may be exercised, 169 A.L.R. 576.
Validity and construction of regulation by municipal corporation fixing sewer-use rates, 61 A.L.R.3d 1236.
Validity of zoning ordinance deferring residential development until establishment of public services in area, 63 A.L.R.3d 1184.
63 C.J.S. Municipal Corporations § 1049.