2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 1 - Incorporation and Powers of Utilities › Section 62-1-1 - [Incorporation.]

Corporations for the generation, production, transmission, distribution, sale or utilization of gas, electricity or steam for lighting, heating, power, manufacturing or other purposes may be organized under the general incorporation laws of this state.
History:
Laws 1909, ch. 141, § 1; 1912, ch. 50, § 1; Code 1915, § 1021; C.S. 1929, § 32-401; 1941 Comp., § 72-101; 1953 Comp., § 68-1-1.
ANNOTATIONS
Compiler's notes.
— Sections 62-1-1 to 62-1-7 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 1 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Cross references.
— For requirement of certificate of public convenience and necessity before new utility construction or operation,
see
62-9-1 NMSA 1978.
For municipal utilities,
see
3-23-1 to 3-23-10, 3-24-1 to 3-24-10, 3-25-1 to 3-25-6, 3-26-1 to 3-26-3, 3-27-1 to 3-27-9 and 3-28-1 to 3-28-20 NMSA 1978.
For municipal franchises,
see
3-42-1 and 3-42-2 NMSA 1978.
For powers of counties,
see
4-37-1 NMSA 1978.
For Uniform Unclaimed Property Act,
see
Chapter 7, Article 8A NMSA 1978.
For Business Corporation Act,
see
Chapter 53, Articles 11 to 18 NMSA 1978 NMSA 1978.
For certification of telephone and telegraph companies,
see
63-9-1 to 63-9-19 NMSA 1978.
Provisions applicable to telephone and telegraph companies.
— Telephone and telegraph companies are subject to the provisions of this section, Sections 62-1-2, 62-1-3 and 3-42-2 NMSA 1978.
Mountain States Tel. & Tel. Co. v. Town of Belen
, 1952-NMSC-053, 56 N.M. 415, 244 P.2d 1112.
A telephone company which generates electricity for the conduct of its business comes within the purview of Sections 62-1-1 to 62-1-3 NMSA 1978.
City of Roswell v. Mountain States Tel. & Tel. Co.
, 78 F.2d 379 (10th Cir. 1935).
Power of eminent domain.
— Corporation, engaged as a public utility in furnishing telephone service to the public, has the power of eminent domain.
State Hwy. Comm'n v. Ruidoso Tel. Co.
, 1963-NMSC-150, 73 N.M. 487, 389 P.2d 606.
Authorized foreign public utility may exercise eminent domain.
— Under Sections 53-17-2 and 62-1-4 NMSA 1978 and this section, a foreign public utility authorized to do business in this state has the same right as a domestic public utility to exercise the power of eminent domain in this state.
El Paso Elec. Co. v. Real Estate Mart, Inc.
, 1979-NMSC-023, 92 N.M. 581, 592 P.2d 181.
Supervision of foreign public utilities.
— Foreign public utilities authorized to do business in this state are subject to the same supervision as utilities incorporated under the laws of this state.
El Paso Elec. Co. v. Real Estate Mart, Inc.
, 1979-NMSC-023, 92 N.M. 581, 592 P.2d 181.
Sanitary projects association not public utility.
— A sanitary projects association (
see
Article 29 of Chapter 3 NMSA 1978) was not transformed into a public utility by selling water to a limited number of nonmember water haulers and was not subject to the public service commission's (now public regulation commission's) regulatory jurisdiction.
El Vadito De Los Cerrillos Water Ass'n v. N.M. Pub. Serv. Comm'n
, 1993-NMSC-041, 115 N.M. 784, 858 P.2d 1263.
Provisions applicable to telephone and telegraph companies.
— Sections 62-1-1 to 62-1-3 NMSA 1978 are applicable to telephone utilities. 1963 Op. Att'y Gen. No. 63-66.
Application of provisions to pipeline companies.
1973 Op. Att'y Gen. No. 73-26 and 1957 Op. Att'y Gen. No. 57-124 (rendered prior to 1996 amendment of N.M. Const., art. XI, §2).
Law reviews.
— For article, "The Regulation of Public Utilities," see 10 Nat. Res. J. 827 (1970).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 18A Am. Jur. 2d Corporations § 150; 64 Am. Jur. 2d Public Utilities §§ 1, 2, 4, 82; 74 Am. Jur. 2d Telecommunications §§ 4, 8.
Authority from public official as affecting responsibility of public service corporation infringing property rights, 1 A.L.R. 403.
Perpetual franchise, 2 A.L.R. 1105.
Bank which has acquired a public service plant bound to continue its operation, 8 A.L.R. 248.
Irrigation company as a public utility, 8 A.L.R. 268, 15 A.L.R. 1227.
What are "public utilities" within provisions relating to municipal purchase, construction or repair of public utility, 9 A.L.R. 1033, 35 A.L.R. 592.
Municipal corporations owning or operating a public utility as within public utility acts, 10 A.L.R. 1432, 18 A.L.R. 946.
Right of public utility company to discontinue its entire service, 11 A.L.R. 252.
Contract for service by public utility in consideration of conveyance of property as affected by public utility acts, 11 A.L.R. 460, 41 A.L.R. 257.
Regaining of private status by a corporation after having become subject to the duties and obligations of a public utility, 34 A.L.R. 175.
Competition by grantor of nonexclusive franchise as violation of constitutional rights of franchise holder, 114 A.L.R. 192.
Right of public utility not having an exclusive franchise to protection against, or damages for, interference with its operations, property or plant by a competitor, 119 A.L.R. 432.
Conclusiveness of charter as regards character of corporation as a public utility corporation, 119 A.L.R. 1019.
Right of public utility to discontinue line or branch on ground that it is unprofitable, 10 A.L.R.2d 1121.
Special requirements of consumer as giving rise to liability, based on implied contract, for failure to furnish particular amount of electricity, gas or water, 13 A.L.R.2d 1233.
Incidental provision of utility services, by party not in that business, as subject to regulation by state regulatory authority, 85 A.L.R.4th 894.
Liability of owner of wires, poles, or structures struck by aircraft for resulting injury or damage, 49 A.L.R.5th 659.
18 C.J.S. Corporations § 25 et seq.; 29 C.J.S. Electricity § 10(1); 38A C.J.S. Gas §§ 56, 57; 73B C.J.S. Public Utilities § 15; 82 C.J.S. Steam § 2; 86 C.J.S. Telecommunications § 18.