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Santa Fe County authorizes condemnation for small utility easements tied to Pojoaque Basin regional water system
Summary
After months of unsuccessful negotiations the board authorized the county attorney to seek condemnation of several very small permanent utility easements needed to install water infrastructure and fire hydrants for the Pojoaque Basin regional water system.
The Santa Fe County Board of County Commissioners voted Feb. 25 to authorize the county attorney to initiate condemnation proceedings to acquire several permanent public utility easements required for the Pojoaque Basin regional water system.
County Manager Schaeffer told commissioners the county had attempted months of negotiation with the affected property owners and that the easements at issue are small — in the examples staff cited, individual permanent easement areas ranged from about 0.0046 to 0.0809 acres. Schaeffer said the county is authorized under its funding agreement with the U.S. Bureau of Reclamation to obtain property interests necessary to construct the project and that staff continues to prefer negotiated agreements rather than condemnation.
Commissioners were told the water line and associated fire hydrants are needed to complete the regional water project and that, in staff's assessment, the improvements are likely to preserve or increase property values and provide fire‑protection benefits that could lower insurance costs for neighbors. The motion to authorize condemnation was moved by Commissioner Justin Green, seconded by Commissioner Hank Hughes, and passed by voice vote.
The resolution authorizes the county attorney to begin eminent‑domain proceedings on the specified small easement areas named in the exhibit attached to the resolution. Staff said they will continue to negotiate with owners and prefer to resolve matters by agreement when possible.
Why it matters: The action clears a legal path to secure parcels of right‑of‑way necessary to complete a regional water transmission line and to install hydrants for public safety and infrastructure resilience. The board indicated condemnation is a last resort after extended efforts to reach voluntary easement agreements.
Vote and next steps: The county attorney will proceed as authorized; staff will continue to pursue voluntary acquisitions where possible and return with any settlement terms if reached.
