Santa Fe Southern Railway, Inc. v. Baucis Limited Liability Co.

OPINION

BUSTAMANTE, Judge.

1. Santa Fe Southern Railway, Inc. (SFSR) appeals the district court’s order denying its motion to strike the jury demand filed by Baucis Limited Liability Company (Baucis). The sole issue on appeal is whether NMSA 1978, § 42A-1-21 (1981) provides for a jury trial on the issues of public use and necessity. We affirm the district court, holding that, based upon the language of Section 42A-1-21 and the statute’s history, the legislature intended to provide for a jury trial on the issues of public use and necessity.

FACTS AND PROCEDURAL BACKGROUND

2. SFSR sought to condemn…