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SM 16

OPPOSITION TO EMINENT DOMAIN FOR TRANSMISSION

2025 Regular Session Introduced by Pat Boone and 1 co-sponsor

SM 16 opposes using eminent domain for a national-interest grid in eastern NM urges negotiated, limited land acquisitions and protects private property, farms, and small businesses.

action postponed indefinitely
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Bill Summary · SM 16

Summary: Senate Memorial 16 (SM 16) – Opposition to Eminent Domain for Transmission

Overview

  • Bill Type: Memorial (non-binding expression of opinion)
  • Title: OPPOSITION TO EMINENT DOMAIN FOR TRANSMISSION
  • Jurisdiction: Senate, State of New Mexico
  • Status: Action postponed indefinitely (as of June 3, 2025)
  • Introduced: February 20, 2025
  • Primary Focus: Express opposition to the use of eminent domain for establishing a National Interest Electric Transmission Corridor (southwestern grid connector) in eastern New Mexico; urge alternative approaches that protect private property and local economies.

Purpose and Intent

  • The memorial expresses strong opposition to the U.S. Department of Energy’s designation of eastern New Mexico as a potential site for a national interest transmission corridor.
  • It opposes the use of eminent domain to acquire private land for transmission infrastructure and seeks alternatives that prioritize private property rights, local farming/ranching, and small businesses.

Key Provisions and Changes (as filed and amended)

  • Core Provisions (Substantive Intent):

    • Opposes the designation of the southwestern grid connector/national interest transmission corridor in eastern New Mexico.
    • Opposes the use of eminent domain to seize private land for such corridors.
    • Urges policymakers, agencies, and developers to reconsider and avoid eminent domain for the corridor; promote noninvasive, collaborative solutions that protect local economies and landowners’ rights.
    • Calls on the New Mexico congressional delegation to opposeDOE actions and to prevent the federal government from seizing private property for the corridor.
    • Requests efforts to involve impacted communities in developing alternatives that balance infrastructure needs with landowner protections.

  • Amendments (as adopted in Committee):

    • On page 2, line 4, remove the term “dangerous.”
    • On page 2, lines 14-15, replace “seize” with “acquire.”
    • Add language after “consent” to specify acquiring “more limited lands or rights” for the corridor instead of broader seizure.
    • Overall effect of amendments: soften language around government authority, emphasize acquisition of limited lands/rights, and favor negotiated arrangements over outright seizure.

  • Delivery and Outreach:

    • Directs that copies of the memorial be transmitted to the U.S. secretary of energy, NM congressional delegation, and the governor.

Who or What Would Be Affected

  • Landowners: Farmers, ranchers, and private property owners in eastern New Mexico potentially affected by transmission corridor plans.
  • Small Businesses: Rural enterprises that rely on open land and stable property rights.
  • Local Economies: Economic stability tied to land use, taxes, and agricultural activity.
  • Federal and State Stakeholders: U.S. DOE, energy developers, NM state officials, and lawmakers.

Procedural and Timeline Aspects

  • Introduced: Feb 20, 2025.
  • Referral & Committees: Referred to Senate Rules Committee and Senate Conservation Committee.
  • Committee Action:
    • Feb 28, 2025: DO PASS in Rules Committee.
    • Mar 4, 2025: DO PASS, as amended, in Conservation Committee (vote 5–3).
  • Status Update: Ultimately listed as action postponed indefinitely on June 3, 2025.
  • Legislative Nature: As a memorial, SM 16 expresses a stance or opinion and does not enact policy or law; it signals legislative posture and messaging to federal and state actors.

Potential Impact and Significance

  • The memorial communicates strong statewide concerns about eminent domain and private land rights in the context of national energy infrastructure.
  • While non-binding, the bill can influence public discourse, federal-state relations, and future legislative or administrative considerations regarding transmission corridors and eminent domain policies.
  • The amendments reflect a shift toward more precise language around land acquisition and emphasize negotiated agreements over broad seizures.

Note on Context

  • The proposed corridor is described as 3–15 miles wide and intended to facilitate energy delivery and storage, with potential impacts on soil, water, land values, and local tax revenues. The memorial advocates for alternatives that safeguard local livelihoods and community resilience.

Compiled from official sources — confirm details with the bill’s official record.

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