Landowner Fights Eminent Domain for NM Transmission Line

“Rebecca Lynn Eminger figures it’s a David vs. Goliath type fight, but she’s not going to give up a parcel of her land without a fight.

In a court filing, Southwestern Public Service Company contends they need less than 6 acres of Eminger’s land off New Mexico 88 for construction of a transmission line.

SPS cites eminent domain as its right to the property.

Eminger, 65, says the acreage is part of 42 acres of what was once used to graze cattle but is now in the Conservation Reserve Program that she wants to sell. She said the property just east of Portales has been in her family for five generations. She contends having transmission lines could jeopardize selling the land.

Eminger said she has refused the compensation SPS has offered for the land.

A hearing will be held today in district court on the matter.

“The only hope I have is that the judge will have compassion for us,” Eminger said. “It’s very frustrating because I can’t believe that we’ve been going through this for a year and nobody knew about it.””

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Calloway, Christina. ENR Southwest 18 March 2013.