Albuquerque Land & Irrigation Co. v. Gutierrez
New Mexico Supreme Court
Appeal from the District Court of Santa Fe County, Second Judicial District. Facts will appear sufficiently from the opinion ‘of the court. 1. When the right of plaintiff to exercise the power of eminent domain, in aid of the construction of its canal, is examined as a judicial question, it will be found not to exist.
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Appeal from the District Court of Santa Fe County, Second Judicial District. Facts will appear sufficiently from the opinion ‘of the court. 1. When the right of plaintiff to exercise the power of eminent domain, in aid of the construction of its canal, is examined as a judicial question, it will be found not to exist. It is undoubtedly true that the Legislature of the Territory of New Mexico has authorized the use of this power, by corporations formed for the purpose of constructing irrigating canals and has thus closed the door to inquiry by the courts as to whether or not irrigating canals…
1Opinion of the CourtMills, C. J.
The facts necessary to an understanding of this case are fully stated in the able opinion rendered by the court below, which is a part of the record in this case, and it is not necessary to re-state them here.
Two questions are to be determined in this case, first, can a company»be lawfully incorporated under chapter 12 of the acts of 1887, (sections 468-493 compiled Laws of 1897), go upon the lands of private persons for the purpose of making a preliminary survey, and acquire the right of way through such lands by the exercise of the right of eminent domain under the terms of said act, unless…
2Cases cited3 opinions
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Broder v. Water Co.Supreme Court of the United States · 1879
- Bridal Veil Lumbering Co. v. JohnsonOregon Supreme Court · 1896
3Cited by17 opinions
- State Ex Rel. Martinez v. City of Las VegasNew Mexico Supreme Court · 2004
- State Ex Rel. State Game Commission v. Red River Valley Co.New Mexico Supreme Court · 1945
- Kaiser Steel Corporation v. WS Ranch CompanyNew Mexico Supreme Court · 1970
- W. S. Ranch Company, a New Mexico Corporation v. Kaiser Steel Corporation, a Nevada CorporationCourt of Appeals for the Tenth Circuit · 1968
- State Ex Rel. Office of the State Engineer v. LewisNew Mexico Court of Appeals · 2006
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