New Mexico Administrative Code
Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES
Chapter 8 - RENEWABLE ENERGY
Part 3 - EMINENT DOMAIN
Section 17.8.3.9 - NEGOTIATION WITH PROPERTY OWNERS

Prior to the exercise of the authority's eminent domain powers, negotiations with private property owner(s) by the applicant must be by reasonable and diligent efforts to acquire property needed for the project, including by offering at least fair market value for the property. At any time during applicant's negotiations with property owner(s) and upon the applicant's request, the authority may participate in such negotiations in order to facilitate the voluntary acquisition of property for a project, but the applicant shall remain responsible for conducting good faith negotiations.