[DOWNLOAD] "City Of Las Cruces V. El Paso Electric Co." by New Mexico Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: City Of Las Cruces V. El Paso Electric Co.
- Author : New Mexico Supreme Court
- Release Date : January 11, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
{1} The United States District Court for the District of New Mexico, pursuant to Rule 12-607 NMRA 1997, has certified to us this question: "Under New Mexico law, does the City of Las Cruces possess the authority to condemn a portion of El Paso Electric Company's property for use as a municipal electric utility, when that property is already devoted to a public use?" Following oral argument before this Court but prior to any Disposition, the New Mexico Legislature, during the 1997 legislative session, amended NMSA 1978, 3-24-1 (as amended 1997), to provide express authority to certain municipalities to condemn privately-owned electric utilities for use as a municipal utility. Following the enactment, we requested supplemental briefing on the issue whether the new amendments made the certified question moot. We now quash our previous order accepting certification, and decline to accept certification on the ground that, as a result of the 1997 amendment to Section 3-24-1, the issue the federal court certified is moot.
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