Kaiser Steel Corporation v. WS Ranch Company

OPINION

MOISE, Chief Justice.

In this case, involving a simple but interesting fact situation we are called upon to answer two legal problems of first impression in this jurisdiction. These are: (1) Is § 75-1-3, N.M.S.A.1953, constitutional as applied to the parties and facts in this case? (2) Is inverse condemnation the exclusive, remedy available to defendant-appellant, hereinafter referred to as “Ranch” ?

Plaintiff-appellee, hereinafter referred to as “Kaiser,” owns a tract of land located some distance from the Vermejo River in Colfax County, New Mexico, which tract is completely surrounded…