Bill M. Wrote:
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> I don't think using the eminent domain power of
> the state is a bad idea at all. I am an attorney
> who is experienced in handling condemnation
> matters. I also served as a member of Governor
> Richardson's Eminent Domain Task Force which was
> established to recommend changes to New Mexico's
> eminent domain powers--so I am familiar with these
> matters. We should remember that the condemnation
> power has been used and is used all the time for
> public projects such as highways, utilities,
> schools, etc. The reason that it has fallen into
> such disfavor recently is due to its use (some
> would call it abuse) to condemn privately held
> land and turn it over to a private developer or
> the like. This would not be the case here.
> Condemning the property for the use of the
> railroad would clearly be a public use. Even if
> the C&TS were privately held, the land could still
> be condemned as railroads in New Mexico have long
> been granted eminent domain powers. Railroad uses
> have also been long viewed to be public uses.
>
> What would happen is that the property would be
> appraised, the state and the property owner would
> engage in "good-faith" negotiations and if those
> fail, the state could file a condemnation action.
> At the time they file, they would deposit what the
> appraisal says is "just compensation". The land
> would then fall under the control of the state,
> though the landowner could litigate for additional
> compensation if he felt it was due him. That is a
> very abbreviated synopsis of what happens in these
> cases. I think that if negotiations to buy the
> property fail, condemnation should be considered
> to be an option--that is assuming, of course, that
> there is money available to buy the property.
Very interesting thanks for the information.
If I remember right one of the main reasons stated from the friends for using railroad property was so they didn't have to buy land. This would make it much less money to get the project done.
Does the railroad have extra money to buy land???? Good question
