New Mexico

  • Reform legislation was vetoed in the 2006 session, but passed in 2007.
  • Eminent domain may no longer be used for blight.


 50 State Report Card    50 State Report Card Grade

50 State Report Card: Tracking Eminent Domain Reform Legislation since Kelo


Read: New Mexico Chapter
Read: Entire Report

Current Abuses    Bills
  House Bill 393
Sponsored by: State Representative Peter Wirth
Status: Signed into law on April 3, 2007.

Senate Bill 401
Sponsored by: State Senator Steven Neville
Status: Signed into law on April 3, 2007.


In 2006 the Legislature passed good reform language in House Bill 746. Unfortunately, the governor vetoed the bill, and instead formed the Task Force on the Responsibile Use of Eminent Domain. A majority of the Task Force members voted to recommend repealing the power of eminent domain for economic development, and lawmakers introduced several bills adopting the Task Force’s recommendations.

This year, House Bill 393 removed the power of eminent domain from the state’s Metropolitan Redevelopment Code—ensuring protection for New Mexico’s home and small business owners from the type of eminent domain abuse seen in Kelo. By no longer allowing condemnations for blight, New Mexico passed some of the nation’s strongest reform. An exception was made for so-called “antiquated platting” issues in Rio Rancho, but that amendment was narrowly written and does not affect the heart of the reform.