City of Albuquerque v. Garcia
New Mexico Supreme Court
Appeal from tbe District Court of Bernalillo Count}-. The law-making power of this state has always carefully guarded the interests of the water user for irrigation purposes and placed that above all other uses. Chap. 1, sec. 1, C. L. 1897; chap. 1, sec. 5, C. L. 1897; chap. 1, sec. 2-1, O. L. 1897; chap. 44, sec. 3, laws of 1903; chap. 49, sec. 44, laws of 1907. The city of Albuquerque has no power to condemn property.
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Appeal from tbe District Court of Bernalillo Count}-. The law-making power of this state has always carefully guarded the interests of the water user for irrigation purposes and placed that above all other uses. Chap. 1, sec. 1, C. L. 1897; chap. 1, sec. 5, C. L. 1897; chap. 1, sec. 2-1, O. L. 1897; chap. 44, sec. 3, laws of 1903; chap. 49, sec. 44, laws of 1907. The city of Albuquerque has no power to condemn property. State v. City of Newark, 23 Atl. 129; 15 Cyc. 567; Ligare v. Chicago, 28 N. E. 934. Power to condemn -must be expressly delegated or given by necessary implication. Chap. 1,…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, C. J.
By this proceeding the City of Albuquerque has attempted to condemn the entire ditch running longitudinally through certain of the streets of said city, and the principal question presented by the record relates to the power of the city to condemn an irrigation ditch, in actual use as a community ditch, for conducting water for the irrigation of lands, and to appropriate said ditch to the use of the public as a street, thereby destroying said ditch. The authority for the condemnation is claimed /under sub-section 91 of section 2402 of the Compiled Laws of…
2Cases cited11 opinions
- Clark v. NashSupreme Court of the United States · 1905
- City of Bridgeport v. New York & New Haven RailroadSupreme Court of Connecticut · 1869
- Matter of City of BuffaloNew York Court of Appeals · 1877
- In Re Rochester Water Commissioners to Acquire Lands of Rochester Water Co.New York Court of Appeals · 1876
- Nash v. ClarkUtah Supreme Court · 1904
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3Cited by15 opinions
- City of Las Cruces v. El Paso Electric Co.New Mexico Supreme Court · 1998
- Kaiser Steel Corporation v. WS Ranch CompanyNew Mexico Supreme Court · 1970
- W. S. Ranch Company, a New Mexico Corporation v. Kaiser Steel Corporation, a Nevada CorporationCourt of Appeals for the Tenth Circuit · 1968
- Himonas v. Denver & R. G. W. R. Co.Court of Appeals for the Tenth Circuit · 1949
- Gallup American Coal Co. v. Gallup Southwestern Coal Co.New Mexico Supreme Court · 1935
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