Legal Opinion
Moongate Water Co., Inc. v. City of Las Cruces
New Mexico Court of Appeals
Decided April 17, 2014No. Docket 29,083PublishedCited by 1 opinion
1Opinion of the Court
OPINION
VANZI, Judge.
{1} Moongate Water Company, Inc., (Moongate) appeals the district court’s order awarding costs to the City of Las Cruces (the City) as the prevailing party in an inverse condemnation action brought by Moongate. The sole question we must address is whether the Eminent Domain Code (the Code), NMSA 1978, §§ 42A-1-1 to -33 (1980, as amended through 2001), permits costs to be taxed against a property owner who exercises the constitutional or statutory right to seek just compensation for a taking of private property. We answer in the affirmative and uphold the decision of the…
2Cases cited21 opinions
- Koontz v. St. Johns River Water Management Dist.Supreme Court of the United States · 2013
- Regents of the University of New Mexico v. New Mexico Federation of TeachersNew Mexico Supreme Court · 1998
- Hovet v. Allstate InsuranceNew Mexico Supreme Court · 2004
- Marbob Energy Corp. v. New Mexico Oil Conservation CommissionNew Mexico Supreme Court · 2009
- Del Monte Dunes at Monterey, Ltd. v. City of Monterey, Del Monte Dunes at Monterey, Ltd., and Monterey-Del Monte Dunes Corporation v. City of MontereyCourt of Appeals for the Ninth Circuit · 1996
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3Cited by1 opinion
- Moongate Water Co., Inc. v. City of Las CrucesNew Mexico Court of Appeals · 2014