City of Las Cruces v. El Paso Electric Co.

OPINION

MINZNER, Justice.'

{1} The United States District Court for the District of New Mexico, pursuant to Rule 12-607 NMRA 1997, has certified to us this question: “Under New Mexico law, does the City of Las Cruces possess the authority to condemn a portion of El Paso Electric Company’s property for use as a municipal electric utility, when that property is already devoted to a public use?” Following' oral argument before this Court but prior to any disposition, the New Mexico Legislature, during the 1997 legislative session, amended NMSA 1978, § 3-24-1 (as amended 1997), to provide express…