New Mexico § 42-2-3 - Purpose

§ 42-2-3. Purpose

Unless otherwise specifically provided by law: A. the state may acquire, either temporarily or permanently, public or privately owned

lands, real property or any interests therein, including water rights or any easements

deemed necessary or desirable for present or future public road, street or highway

purposes by gift, agreement, purchase, exchange, condemnation or otherwise. Such lands or interests in real property may be acquired in fee simple; B. present or future public road, street or highway purposes include the taking of

personal property, land or any interest in real property, under the Highway Beautification

Act; 1 C. the state may use the special alternative procedure to acquire lands or any interest

therein for any public purpose for which the power of eminent domain may be properly

exercised; and D. for the purposes provided in Subsections A through C of this section, when state-owned

property must be taken, the state board of finance shall first determine the greater

public need, unless the state defendant in whom title is vested concedes that the

purpose for which the property is sought to be taken is the greater public need. 1

NMSA 1978, § 67-12-12 et seq.