Plains Electric Generation and Transmission Cooperative, Inc. v. Pueblo of Laguna and United States of America

HILL, Circuit Judge.

This is a condemnation action brought by appellee, Plains Electric Generation and *1376Transmission Cooperative, Inc., under the State of New Mexico’s power of eminent domain. Appellee sought to condemn a right of way for electrical transmission lines and substations across two parcels of land. The first parcel is known as the Paguate Purchase, which is held by the Pueblo of Laguna in fee simple subject to restrictions on alienation under a grant from the United States made in 1884. The other parcel consists of approximately 30,-000 acres of federal land set apart as a…