Legal Opinion

Manning v. Mining & Minerals Division of the Energy, Minerals, & Natural Resources Department

New Mexico Supreme Court

Decided June 1, 2006No. 28,500PublishedCited by 28 opinions

1Opinion of the Court

OPINION

BOSSON, Chief Justice.

{1} Plaintiffs, owners of a mining property in southwestern New Mexico, claim their land interest has been effectively “taken” from them through application of state mining regulations without the payment of just compensation. They also argue that the State has impaired their contractual obligations in violation of the Contracts Clause. The Court of Appeals held that Plaintiffs’ compensatory claims against two state regulatory agencies are barred by state constitutional sovereign immunity. We granted certiorari to address an issue of first impression: whether…

2Cases cited37 opinions

  1. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
  2. Malloy v. HoganSupreme Court of the United States · 1964
  3. Hans v. LouisianaSupreme Court of the United States · 1890
  4. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  5. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992

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3Cited by28 opinions

  1. Jachetta v. United StatesCourt of Appeals for the Ninth Circuit · 2011
  2. Chan v. MontoyaNew Mexico Court of Appeals · 2011
  3. Titus v. City of AlbuquerqueNew Mexico Court of Appeals · 2011
  4. SWEPI, LP v. Mora CountyDistrict Court, D. New Mexico · 2015
  5. Dell Catalog Sales L.P. v. Taxation & Revenue DepartmentNew Mexico Court of Appeals · 2008

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