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After a statewide task force on eminent domain released its recommendations this week, several lawmakers say they expect to introduce legislation in the coming session that would limit governments' ability to take private land and give it to another land owner.
The mayors of Albuquerque and Rio Rancho, however, will be watching closely. Both say they want to keep at least some eminent domain powers, such as the power to condemn unsafe buildings.
Among its key points, the task force appointed by Gov. Bill Richardson suggested that the state take eminent domain powers out of the Metropolitan Redevelopment Act - a tool cities use to redevelop downtowns, for example.
The task force's 24-page report said eminent domain "is not needed to promote economic development and revitalization in New Mexico."
Under its recommendations, governments would still be able to use eminent domain to condemn buildings such as known crack houses.
Albuquerque Mayor Martin Chavez agreed. "I don't need it for economic development, but I need it for other things like condemnation of blighted property," he said.
Rio Rancho Mayor Kevin Jackson said he's against eminent domain purely for economic development purposes.
But, he added, "to completely remove it from the Metropolitan Redevelopment Act far surpassed what needed to happen."
Richardson this year vetoed a bill that would have prohibited local and state governments from using eminent domain to condemn property and give it to a developer within five years.
At the time, he said the bill was poorly worded and would have done more harm than good.
Richardson hasn't said what he'll do with the task force's recommendations.
But state officials Rep. Al Park, an Albuquerque Democrat, and Republicans Sen. Joe Carraro of Albuquerque and Rep. Dan Foley of Roswell all say they expect proposals to change eminent domain law in the 2007 legislative session.
"One way or another, it's going to come up," said Park, who this year sponsored an unsuccessful constitutional amendment limiting governments' condemnation powers. "It's an important issue."
Carraro said one idea he'll present is that all parties in projects that require land condemnation agree on prices before the project can get state money.
That could force governments to consider other alternatives to condemning land of people who don't want to sell, for example.
"It would discourage governments from going in and thinking they can just buy out, condemn or tear down land," he said.
Foley took aim at another part of the panel's recommendations, which suggests that the definitions of "slum" and "blighted" be tightened.
The task force's idea doesn't help much, Foley said.
It's a 3-inch-long paragraph of a definition, and if approved, would mean slum and blighted areas include areas "that substantially impairs or arrests the sound growth and economic health and well being of a municipality and is a menace to the public health, safety, morals or welfare in its present condition and use."
"If we're going to say the government can't take our land, we should just say that," Foley said.

