A New Mexico utility has filed a petition asking the U.S. Supreme Court to hear an appeal of a decision precluding it from condemning land for a power line because the Navajo Nation held an interest in that property. The Tenth Circuit Court of Appeals held there is no federal law permitting tribal lands to be condemned. That Court affirmed a lower court’s decision.
The Public Service Co. of New Mexico, also known as PNM, told the Supreme Court in a Nov. 20 petition that the ruling threatens the national power grid by effectively blocking Congress’ authorization of condemnation of allotted tribal lands. “In sum, the increasing need for condemnation to maintain and extend critical infrastructure will converge with the increasing unavailability of condemnation, and thus create a major problem for utilities and the public,” the company said.