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Senate Bill 311 (SB 311) relates to metropolitan redevelopment; it gives local governments the power of eminent domain to carry out the Metropolitan Redevelopment Code.Legislation Overview:
Senate Bill 311 (SB 311) amends Section 3-60A-10 NMSA 1978 related to powers of local government. It removes the prohibition of a local government to have the power of eminent domain that would enable them to carry out and effectuate the purposes and provisions of the Metropolitan Redevelopment Code. Eminent domain is the power of the government to take private property for public use. The government can exercise this power with compensation, but without the owner’s consent. In such cases the Fifth Amendment of the U.S. Constitution requires the government to pay a fair market value for the property they are taking.Current Law:
Current law provides a number of powers enabling local governments to carry out and effectuate the purposes and provisions of the Metropolitan Development Code, but excludes the power of eminent domain.