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16 New Mexico opinions name it 2 courts 1995–2026 2 in the last five years
The cases below were cited by New Mexico courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Dlx, Inc. v. Commonwealth of Kentuckygreen2 sentences2006In addressing a takings claim against the State of Kentucky in federal court, the Sixth Circuit noted that, notwithstanding constitutional sovereign immunity, the “Fifth Amendment’s requirement of just compensation forces the states to provide a judicial remedy in their own courts.” DLX, Inc. v. Kentucky, 381 F.3d 511, 527 (6th Cir.2004). 2006In addressing a takings claim against the State of Kentucky in federal court, the Sixth Circuit noted that, notwithstanding constitutional sovereign immunity, the "Fifth Amendment's requirement of just compensation forces the states to provide a judicial remedy in their own courts." DLX, Inc. v. Kentucky, 381 F.3d 511, 527 (6th Cir.2004). | 2 | 2 |
State Ex Rel. State Highway Commission v. Mauneygreen2 sentences2026State Highway Comm’n v. 18 Mauney, 1966-NMSC-035 , ¶¶ 1, 7-9, 18-19, 24, 76 N.M. 36 , 411 P.2d 1009 19 (rejecting a takings claim that was based on diminished traffic passing a landowner’s 1 business and changed the access route to the property, because the road project did 2 not cause total deprivation of access). 3 {16} In the present case the regulations do not require elk to be on private property 4 or deny a property owner the right to exclude them—the regulations only limit how 5 a property owner can hunt, harm, or remove them. 2026State Highway Comm’n v. 18 Mauney, 1966-NMSC-035 , ¶¶ 1, 7-9, 18-19, 24, 76 N.M. 36 , 411 P.2d 1009 19 (rejecting a takings claim that was based on diminished traffic passing a landowner’s 1 business and changed the access route to the property, because the road project did 2 not cause total deprivation of access). 3 {16} In the present case the regulations do not require elk to be on private property 4 or deny a property owner the right to exclude them—the regulations only limit how 5 a property owner can hunt, harm, or remove them. | 1 | 1 |
Calvary Chapel Dayton Valley v. Sisolakgreen1 sentence2021The Real Parties cite Calvary Chapel Dayton Valley v. Sisolak, 140 S. Ct. 2603, 2605 (2020) (mem.) (Alito, J., dissenting), for the proposition that “as States have time to craft policies in light of [increasing medical and scientific] evidence, courts should expect policies that more carefully account for constitutional rights.” Petitioners argue that valid exercises of the police power to protect the public health cannot support a takings claim and that Penn Central is inapposite. | 1 | 1 |
Santa Fe Pacific Trust, Inc. v. City of Albuquerquegreen1 sentence2020See SFPT, 2014-NMCA-093 , ¶ 21. | 1 | 1 |
Bustamante v. City of Las Crucesgreen2 sentences2008See Bustamante v. City of Las Cruces, 114 N.M. 179, 182 , 836 P.2d 98, 101 (Ct.App.1992) (“[T]his court will affirm a lower court’s decision that reaches the correct result for the wrong reason.”). 2008See Bustamante v. City of Las Cruces, 114 N.M. 179, 182 , 836 P.2d 98, 101 (Ct.App.1992) (“[T]his court will affirm a lower court’s decision that reaches the correct result for the wrong reason.”). | 1 | 1 |
Hyde Park Co. v. Santa Fe City Councilgreen1 sentence2001See Hyde Park Co. v. Santa Fe City Council, 226 F.3d 1207, 1210 (10th Cir. 2000) (stating that an “abstract need for, or unilateral expectation of,” some benefits does not constitute “ ‘property [interests]’ ” of the type protected by the due process clause); see also State ex rel. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Agins v. City of Tiburon
red
2 sentences2014In doing so, the court relied in part on Agins, in which the United States Supreme Court stated that a city’s pre-condemnation activities did not “so burden[] the appellants’ enjoyment of their property as to constitute a taking.” 447 U.S. at 263 n.9. 2014In doing so, the court relied in part on Agins, in which the United States Supreme Court stated that a city’s pre-condemnation activities did not “so burden}] the appellants’ enjoyment of their property as to constitute a taking.” 447 U.S. at 263 n.9. | 3 | 2014–2014 |
Aronson v. Quick Point Pencil Co.
green
2 sentences2011Aronson v. Quick Point Pencil Co., 440 U.S. 257, 262 , 99 S.Ct. 1096 , 59 L.Ed.2d 296 (1979) (internal quotation marks and citation omitted). 2011Aronson v. Quick Point Pencil Co., 440 U.S. 257, 262 , 99 S.Ct. 1096 , 59 L.Ed.2d 296 (1979) (internal quotation marks and citation omitted). | 2 | 2011–2011 |
Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency
green
2 sentences2006Palazzolo, 533 U.S. at 632 , 121 S.Ct. 2448 . {15} Most recently, in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 535 U.S. 302, 306-09 , 122 S.Ct. 1465 , 152 L.Ed.2d 517 (2002), the takings claim was brought against an interstate regional planning agency, created by legislation in both California and Nevada, and comprised of individuals from both states. 2006Palazzolo, 533 U.S. at 632 , 121 S.Ct. 2448 . {15} Most recently, in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 535 U.S. 302, 306-09 , 122 S.Ct. 1465 , 152 L.Ed.2d 517 (2002), the takings claim was brought against an interstate regional planning agency, created by legislation in both California and Nevada, and comprised of individuals from both states. | 2 | 2006–2006 |
Palazzolo v. Rhode Island
green
2 sentences2006Palazzolo, 533 U.S. at 632 , 121 S.Ct. 2448 . {15} Most recently, in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 535 U.S. 302, 306-09 , 122 S.Ct. 1465 , 152 L.Ed.2d 517 (2002), the takings claim was brought against an interstate regional planning agency, created by legislation in both California and Nevada, and comprised of individuals from both states. 2006Palazzolo, 533 U.S. at 632 , 121 S.Ct. 2448 . {15} Most recently, in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 535 U.S. 302, 306-09 , 122 S.Ct. 1465 , 152 L.Ed.2d 517 (2002), the takings claim was brought against an interstate regional planning agency, created by legislation in both California and Nevada, and comprised of individuals from both states. | 2 | 2006–2006 |
Mugler v. Kansas
green
1 sentence2021The Real Parties’ arguments fail for two reasons. {47} First, as discussed above,20 a reasonable use regulation under the police power to prevent injury to the health of the community “‘cannot . . . be deemed a taking.’” Keystone, 480 U.S. at 489 (quoting Mugler, 123 U.S. at 668-69 ). | 1 | 2021–2021 |
Keystone Bituminous Coal Assn. v. DeBenedictis
green
1 sentence2021The Real Parties’ arguments fail for two reasons. {47} First, as discussed above,20 a reasonable use regulation under the police power to prevent injury to the health of the community “‘cannot . . . be deemed a taking.’” Keystone, 480 U.S. at 489 (quoting Mugler, 123 U.S. at 668-69 ). | 1 | 2021–2021 |
State Ex Rel. Helman v. Gallegos
green
1 sentence2020Helman v. Gallegos, 1994-NMSC-023 , ¶ 20, 117 N.M. 6By contrast, Amicus Anaheim Jacks and Papa’s Pawn Amici argue that this Court should reach the takings claim under Section 12-10A-15(A). 346, 871 P.2d 1352 (internal quotation marks and citation omitted). | 1 | 2020–2020 |
State v. Davis
green
2 sentences2020Thus, where statutory language is “doubtful, ambiguous, or an adherence to the literal use of the words would lead to injustice, absurdity or contradiction,” we construe a statute “according to its obvious spirit or reason.” State v. Davis, 2003-NMSC-022, ¶ 6 , 134 N.M. 172 , 74 P.3d 1064 ; Bd. of Educ. for the Carlsbad Mun. 2020Thus, where statutory language is “doubtful, ambiguous, or an adherence to the literal use of the words would lead to injustice, absurdity or contradiction,” we construe a statute “according to its obvious spirit or reason.” State v. Davis, 2003-NMSC-022, ¶ 6 , 134 N.M. 172 , 74 P.3d 1064 ; Bd. of Educ. for the Carlsbad Mun. | 1 | 2020–2020 |
ALBUQUERQUE COMMONS v. City Council
green
2 sentences2008Commons II, 2006-NMCA-143, ¶ 29 , 140 N.M. 751 , 149 P.3d 67 . 2008The Court of Appeals then stated that the effect of its opinion was “to uphold the City’s denial of the site plan under the [1981 Uptown Sector Plan].” Commons II, 2006-NMCA-143, ¶ 87 , 140 N.M. 751 , 149 P.3d 67 . | 1 | 2008–2008 |
Albuquerque Commons Partnership v. City Council of Albuquerque
green
2 sentences2008Commons II, 2006-NMCA-143, ¶ 29 , 140 N.M. 751 , 149 P.3d 67 . 2008Commons II, 2006-NMCA-143, ¶ 29 , 140 N.M. 751 , 149 P.3d 67 . | 1 | 2008–2008 |
Walker v. United States
green
1 sentence2007Id. at 62 . {6} In examining the Walkers’ takings claim, the Court of Claims concluded that New Mexico state law determines the nature of any alleged property interests taken by the federal government. | 1 | 2007–2007 |
Walker v. United States
green
1 sentence2007Walker II, 69 Fed. | 1 | 2007–2007 |
United States v. North American Transportation & Trading Co.
green
2 sentences1995Citing for support United States v. North American Transportation & Trading Co., 253 U.S. 330, 333-34 , 40 S.Ct. 518, 519-20 , 64 L.Ed. 935 (1920), the County argues that “[ajction without statutory authority is not governmental action and therefore cannot constitute [a claim for] inverse condemnation or a taking.” Although North American Transportation arguably supports that proposition, we need not address this argument because of our holding that to support a takings claim, a property owner must prove a deprivation of all or substantially all beneficial use of the subject property. 14. 1995Citing for support United States v. North American Transportation & Trading Co., 253 U.S. 330, 333-34 , 40 S.Ct. 518, 519-20 , 64 L.Ed. 935 (1920), the County argues that “[ajction without statutory authority is not governmental action and therefore cannot constitute [a claim for] inverse condemnation or a taking.” Although North American Transportation arguably supports that proposition, we need not address this argument because of our holding that to support a takings claim, a property owner must prove a deprivation of all or substantially all beneficial use of the subject property. 14. | 1 | 1995–1995 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.