This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
Tri-State Generation and Transmission Association, Inc. (Tri-State), a Colorado-based cooperative, sought to construct an electrical transmission line from Colorado to New Mexico. To assess the suitability of private rangelands in Union and Colfax Counties for the project, Tri-State requested permission to enter and survey the land. The landowners refused entry, prompting Tri-State to file applications for court orders permitting access. Tri-State also intended to condemn the land if deemed suitable for the project (paras 2-3).
Procedural History
- District Court: The district court dismissed Tri-State's applications, holding that the New Mexico Public Regulation Commission (PRC) had exclusive jurisdiction over the matter and that Tri-State lacked statutory authority to condemn land (paras 1, 3).
Parties' Submissions
- Appellant (Tri-State): Argued that the district court had jurisdiction to consider its applications and that it had the statutory authority to condemn land under the Rural Electric Cooperative Act (RECA) (paras 4, 9).
- Respondents (Landowners): Contended that the PRC had exclusive jurisdiction over Tri-State's actions and that Tri-State lacked the statutory authority to condemn land (paras 3, 8).
Legal Issues
- Did the district court have subject matter jurisdiction to consider Tri-State's applications for entry onto the land?
- Does Tri-State have the statutory authority to condemn land under the Rural Electric Cooperative Act?
Disposition
- The Supreme Court of New Mexico reversed the district court's decision and remanded the case for further proceedings (para 13).
Reasons
Per Petra Jimenez Maes, Chief Justice (Serna and Bosson JJ. concurring):
Jurisdiction: The Court held that the district court, as a court of general jurisdiction, had the authority to consider Tri-State's applications. The PRC lacked jurisdiction over the matter because Tri-State, as a generation and transmission cooperative, was not subject to PRC oversight under the relevant statutes (paras 4-7).
Authority to Condemn Land: The Court determined that Tri-State had the power to condemn land under the RECA. Although Tri-State is a Colorado-based cooperative, it became a "cooperative" under the RECA after its merger with Plains Electric Generation and Transmission Cooperative. As a cooperative under the RECA, Tri-State was endowed with the rights and privileges, including the power of eminent domain, necessary to construct and operate electric transmission lines (paras 9-12).
Legislative Intent: The Court rejected the landowners' argument that the RECA's provisions should only apply to distribution cooperatives. The RECA does not distinguish between types of cooperatives, and the Legislature did not impose restrictions on the rights of generation and transmission cooperatives under the Act (para 12).
The Court concluded that the district court erred in dismissing the applications and remanded the case for further proceedings consistent with its opinion (para 13).