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Legal Opinion

Public Service Co. of New Mexico v. Barboan

Court of Appeals for the Tenth Circuit

Decided May 26, 2017No. 16-2050PublishedCited by 12 opinions

1Opinion of the Court

PHILLIPS, Circuit Judge.

Unable to win the consent of all necessary landowners, a public utility company now contends that it has a statutory right to condemn a right-of-way on two parcels of land in New Mexico. Because federal law does not permit condemnation of tribal land, the Navajo Nation’s ownership of undivided fractional interests in the parcels presents a problem for the company. We affirm the district court’s dismissal of the condemnation action against the two land parcels in which the Navajo Nation holds an interest.

I

No one can feign surprise to learn that the United States…

2Cases cited26 opinions

  1. Affiliated Ute Citizens of Utah v. United StatesSupreme Court of the United States · 1972
  2. Williams v. LeeSupreme Court of the United States · 1959
  3. Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.Supreme Court of the United States · 1985
  4. White Mountain Apache Tribe v. BrackerSupreme Court of the United States · 1980
  5. Montana v. Blackfeet Tribe of IndiansSupreme Court of the United States · 1985

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3Cited by12 opinions

  1. Kane County, Utah v. United StatesCourt of Appeals for the Tenth Circuit · 2019
  2. Davilla v. Enable Midstream Partners L.P.Court of Appeals for the Tenth Circuit · 2019
  3. Kane County v. United StatesCourt of Appeals for the Tenth Circuit · 2024
  4. Enable Okla. Intrastate Transmission, LLC v. 25 Foot Wide EasementCourt of Appeals for the Tenth Circuit · 2018
  5. Bad River Band of Lake Superior Tribe of Chippewa v. Naomi TillisonCourt of Appeals for the Seventh Circuit · 2026

7 more not listed; retrieve them via the Exa API.

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