State of New Mexico
Office of the Governor

Bill Richardson
Governor

For immediate release Contact: Jon Goldstein
June 16, 2006 (Santa Fe) 505-476-2248

Governor Bill Richardson Appoints Panel to Recommend Eminent Domain Fix, Protect Property Rights

SANTA FE – Governor Bill Richardson today took action to protect the private property rights of New Mexicans. The Governor’s Task Force on the Responsible use of Eminent Domain, today established by Executive Order, will help recommend ways for New Mexico to prohibit abusive condemnation practices that could result because of the recent decision by the United States Supreme Court in Kelo v. The City of New London.

“New Mexicans deserve strong protections on their private property rights,” said Governor Richardson. “This task force will closely examine the Kelo case and recommend any and all fixes to New Mexico law before the next legislative session.”

The 5-4 Kelo decision by the U.S. Supreme Court has been widely criticized for its implications on the property rights of individual homeowners and local communities since it was handed down in June 2005.

In an attempt to address this situation, the New Mexico Legislature passed House Bill 746 during the last legislative session. However, the bill was overly vague and left several loopholes that would have made it difficult for the state and local governments to build roads and extend water and utility lines, infrastructure that is necessary in a growing state.

Rural communities could have been particularly hard hit by this problematic bill. Leaders in cities and towns including Rio Rancho, Alamogordo, Carlsbad, Elida, Elephant Butte, Truth or Consequences, Tijeras, Pecos, and Los Lunas contacted the Governor in opposition to this bill. For these reasons, Governor Richardson vetoed HB 746 on March 7, 2006 and announced that he would appoint a task force to recommend fixes.

“This bill would have done more harm than good,” said Governor Richardson. “I am confident that by working with this task force and the legislature during the next session we can take care of this issue once and for all.”

The Governor’s Task Force will be co-chaired by J.D. Bullington, senior policy adviser and director of New Mexico government relations for the Brownstein, Hyatt & Farber law firm and John Salazar a partner with the Rodey Law Firm in Albuquerque. Members include Rio Rancho Mayor Kevin Jackson, Pecos Mayor Tony Roybal, Mayor Donald Carroll of Alamogordo, Mayor Gloria J. Chavez of Tijeras, Former Lt. Governor Walter Bradley, Economic Development Deputy Secretary Kelly O’Donnell, NM Association of Counties Risk Manager Steve Kopelman, Patricia Pipkin of the NM Realtors Association, Albuquerque land developer William Campbell, Union County Commissioner Shelly Carter, Rob Roberts of PNM, Executive Director of NM Rural Electric Coop Kevin Groenewold, Executive Director of the NM Cattle Growers Association Caren Cowan, Deputy General Counsel of the NM Department of Transportation William Moyers, San Juan County Commissioner Tony Atkinson, and Janet Jarrett of the NM Farm Bureau.

The text of the Governor’s Executive Order follows:


EXECUTIVE ORDER 2006-029

ESTABLISHMENT OF THE GOVERNOR’S TASK FORCE ON THE RESPONSIBLE USE OF EMINENT DOMAIN BY STATE AND LOCAL GOVERNMENTS

WHEREAS, the right of individuals to be secure in the ownership and enjoyment of private property is a fundamental tenant of a democratic society;

WHEREAS, governments have an obligation to protect the interests of private property owners, while ensuring that communities have the necessary tools to create jobs and higher wages, promote environmental conservation and encourage economic development, particularly in small and rural communities;

WHEREAS, eminent domain has been used responsibly and effectively throughout New Mexico’s history to support projects that are vital to a healthy and vibrant economy;

WHEREAS, New Mexico has a strong tradition of protecting individual property owners from intrusive governmental action, and this tradition is reflected in New Mexico’s existing Eminent Domain Code;

WHEREAS, a recent decision by the United States Supreme Court, Kelo v. The City of New London, has raised questions concerning the adequacy of New Mexico’s Eminent Domain Code, and whether it is sufficiently equipped to protect against abusive condemnation practices; and

WHEREAS, the most effective method of examining Kelo’s impact on New Mexico’s condemnation laws and practices is by convening a Task Force of the State’s leading experts on eminent domain to determine what steps should be taken to ensure that condemnation is used responsibly.

NOW THEREFORE, I Bill Richardson, Governor of the State of New Mexico, by virtue of the authority vested in me by the Constitution and the Laws of New Mexico do hereby establish the Governor’s Task Force on the Responsible Use of Eminent Domain by State and Local Government as follows:

1. The purpose of the Task Force shall be to examine the Kelo case to determine what impact the decision will have or has had on condemnation proceedings around the state in order to develop recommendations, including any legislative proposals, for presentation to the Governor prior to the 2007 regular legislative session.

2. The Task Force, including the Chair, shall be appointed by the Governor and shall be comprised of public and private sector experts in the area of eminent domain and commercial and economic development. The Task Force shall include representatives from small and rural communities.

3. The Office of the Governor and the Department of Finance, Local Government Division, shall provide administrative staff and support to the Task Force.

4. The term of each member shall be from the date of appointment until twenty (20) days after adjournment of the next regular session of the Legislature in 2007.

5. The Task Force shall convene at least monthly or more frequently, as necessary.

6. The Task Force shall consult with both public and private individuals, entities, experts, interim committees, and state agencies as deemed necessary for the development of its recommendations. Input from the general public in the development of any proposals is strongly encouraged.

7. The Task Force shall prepare and present recommendations for the Governor’s consideration no later than November 1, 2006.

8. The Task Force members shall serve voluntarily and shall receive no pay for their services, nor shall they be reimbursed for travel or subsistence expenses, unless otherwise provided by law.

THIS ORDER supersedes any other previous orders, proclamations, or directives in conflict. This Executive Order shall take effect immediately and shall remain in effect until such time as it is rescinded by the Governor.

ATTEST: DONE AT THE EXECUTIVE OFFICE
THIS 14TH DAY OF JUNE, 2006

REBECCA VIGIL-GIRON WITNESS MY HAND AND THE GREAT
SECRETARY OF STATE SEAL OF THE STATE OF NEW MEXICO



BILL RICHARDSON
GOVERNOR