2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 3 - Pipelines › Section 70-3-5 - Eminent domain power.

A. Any person, firm, association or corporation may exercise the right of eminent domain to take and acquire the necessary right-of-way for the construction, maintenance and operation of pipelines, including microwave systems and structures and other necessary facilities for the purpose of conveyance of petroleum, natural gas, carbon dioxide gas and the products derived therefrom, but any such right-of-way shall in all cases be so located as to do the least damage to private or public property consistent with proper use and economical construction. Such land and right-of-way shall be acquired in the manner provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978]. Pursuant to the requirements of Sections 42A-1-8 through 42A-1-12 NMSA 1978, the engineers, surveyors and other employees of such person, firm, association or corporation shall have the right to enter upon the lands and property of the state and of private persons and of private and public corporations for the purpose of making necessary surveys and examinations for selecting and locating suitable routes for such pipelines, microwave systems, structures and other necessary facilities, subject to responsibility for any damage done to such property in making surveys and examinations.
B. The authorization provided for pursuant to Subsection A of this section for pipelines conveying petroleum, natural gas, carbon dioxide gas and products derived therefrom shall apply to trunk lines, including lines owned or operated by public utilities or interstate pipelines connecting a well or wells under a purchase or conveying contract, and shall not apply to gathering lines other than pipelines owned or operated by public utilities or their affiliates or interstate pipelines or to operators of pipelines whose rates are prescribed or whose operations are licensed by the state corporation commission [public regulation commission] pursuant to Section 70-3-1 or 70-3-2 NMSA 1978. For the purposes of this subsection, the term "trunk line" is defined as the main transmission line which transports petroleum, natural gas, carbon dioxide gas and the products derived therefrom from a producing area to the area where the petroleum, natural gas, carbon dioxide gas and the products derived therefrom are to be used. All other pipelines used in connection with such transportation of petroleum, natural gas, carbon dioxide gas and the products derived therefrom are defined as "gathering lines".
History:
1941 Comp., § 69-321, enacted by Laws 1953, ch. 42, § 8; 1953 Comp., § 65-4-8; Laws 1980, ch. 20, § 21; 1981, ch. 125, § 52; 1987, ch. 310, § 1; 1993, ch. 338, § 1.
ANNOTATIONS
Bracketed 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.
Cross references.
— For extension of pipelines,
see
70-2-19 NMSA 1978.
For eminent domain by public utilities,
see
42A-2-1 NMSA 1978 et seq.
The 1993 amendment,
effective June 18, 1993, inserted "or conveying" near the middle of the first sentence of Subsection B.
The 1987 amendment,
effective July 1, 1987, substituted "petroleum, natural gas, carbon dioxide gas and products derived therefrom" for "carbon dioxide gas" several times in Subsection B; added all of the language beginning with "other than" in the first sentence of Subsection B; and made minor stylistic changes throughout the section.
Compiler's notes.
— Laws 1988, ch. 26, § 8, effective May 18, 1988, repeals Laws 1987, ch. 310, § 2, a delayed repeal and reenactment of this section, which was to take effect July 1, 1988. As a result of this repeal, the current provisions of this section, as subsequently amended by Laws 1993, ch. 338, § 1, will remain in effect.
Real and substantial relation to public use must be demonstrated.
— In eminent domain proceedings instituted under this section by a private corporation, a real and substantial relation to public use must be demonstrated to the court prior to an affirmative determination of eminent domain authority.
Kennedy v. Yates Petroleum Corp.
, 1984-NMSC-033, 101 N.M. 268, 681 P.2d 53.
Gathering lines not excluded from exercising right of eminent domain.
— The legislature could have chosen to exclude gathering lines from exercising the right of eminent domain, but it did not, as revealed by the clear and unambiguous language of this section.
Kennedy v. Yates Petroleum Corp.
, 1986-NMSC-064, 104 N.M. 596, 725 P.2d 572.
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 case comment, "Eminent Domain - Review of Route Selection Made by Public Utility Through Private Wildlife Refuge," see 8 Nat. Res. J. 1 (1968).
For article, "Survey of New Mexico Law, 1979-80: Property," see 11 N.M.L. Rev. 203 (1981).
For note, "Natural Gas Pipelines and Eminent Domain: Can a Public Use Exist in a Pipeline?", see 25 Nat. Res. J. 829 (1985).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Eminent Domain § 87; 61 Am. Jur. 2d Pipelines §§ 20 to 38.
Correlative rights of dominant and servient owners in right-of-way for pipeline, 28 A.L.R.2d 626.
Condemnor's acquisition of, or right to, minerals under land taken in eminent domain, 36 A.L.R.2d 1424.
Elements and measure of compensation for oil or gas pipeline through private property, 38 A.L.R.2d 788, 23 A.L.R.4th 631.
Construction and effect of provision for payment of damage to "crops" or "growing crops" in mineral deed or lease, or in conveyance of pipeline or other underground easement, 87 A.L.R.2d 235.
Liability of one maintaining pipeline for transportation of gas or other dangerous substances for injury or property damage sustained by one using surface, 30 A.L.R.3d 685.
29A C.J.S. Eminent Domain §§ 25, 48.