Section 70-3A-5 - Scope of review by the hearing officer. - New Mexico Statutes

70-3A-5. Scope of review by the hearing officer.

The report of the hearing officer shall include findings concerning the following:   

A.     when the route of easement is in issue, a full consideration of all other access available to the mineral developer, including the cost of construction for alternative routes, safety, obstructions and any other economic and noneconomic factors;   

B.     the cost of acquisition or any contract to acquire comparable easements if the transaction or contract was freely made in good faith within a reasonable time before or after the date the petition was filed or other credible evidence of the market value of the easement to be acquired; and   

C.     amount of damages sustained by the property owner for:   

(1)     loss of agricultural production and income;   

(2)     lost value of improvements;   

(3)     cost for surface reclamation including revegetation, soil treatment, reshaping of topography, drainage systemizing, waste disposal, removal of any equipment, structures and obstacles and the return of the property to its approximate original contour;   

(4)     inconvenience to the property owner in use of his property; and   

(5)     burden on the property owner of continued inspection and repair of the gathering line by the mineral developer.   

In no case shall the total amount of compensation or damages awarded pursuant to Subsections B and C of this section be greater than one-half of the sum of the reasonable cost of surface reclamation plus twice the market value of the easement to be acquired as determined in Subsection B of this section.