Pueblo of Isleta v. Tondre
New Mexico Supreme Court
(1395). Error to the District Court of BernalilloCounty; Ira A. Abbott, Associate Justice; Petitioners failed to allege and prove that they had complied with the laws of the Territory of New Mexico as to the appropriation and diversion of public waters, which is a necessary jurisdictional allegation. Laws 1907, ch.-49, secs. 3, 12, 45, 25, 44, and 61. The right of eminent domain is the right to take private property for public use.
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(1395). Error to the District Court of BernalilloCounty; Ira A. Abbott, Associate Justice; Petitioners failed to allege and prove that they had complied with the laws of the Territory of New Mexico as to the appropriation and diversion of public waters, which is a necessary jurisdictional allegation. Laws 1907, ch.-49, secs. 3, 12, 45, 25, 44, and 61. The right of eminent domain is the right to take private property for public use. Wheeling, etc., R. R. Co. v. Toledo, etc., R. R. Co., 72 Ohio St. 368, 74 N. E. 209, 106 Am. St. 622. The petition should show a clear right to condemn the…
1Opinion of the Court
OPINION OF THE COURT.
PARKER, J. —
Both of the above cases involve the same-questions, and will be considered together, as was done by counsel for the respective parties in their briefs. The first of the above cases involves the validity of a proceeding for the condemnation of a right-of-way for an irrigation ditch through the lands of the plaintiff in error. The condemnation proceedings were instituted by the defendants in error for the' purpose of securing a right-of-way and aheadgate, taking the water from the Eio Grande Eiver at a point of diversion different from that which had formerly…
2Cited by16 opinions
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- New Mexico Products Co. v. New Mexico Power Co.New Mexico Supreme Court · 1937
- Harkey v. SmithNew Mexico Supreme Court · 1926
- El Paso & R. I. Ry. Co. v. District Court of Fifth Judicial DistrictNew Mexico Supreme Court · 1931
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