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ELECTRO-JET TOOL MFG. v. ALBUQUERQUE

No. 19749.

845 P.2d 770 (1992)

114 N.M. 676

ELECTRO-JET TOOL AND MANUFACTURING COMPANY, INC., an Ohio corporation, Plaintiff-Appellant, v. The CITY OF ALBUQUERQUE, a municipal corporation, Defendant-Appellee.

Supreme Court of New Mexico.

September 8, 1992.

Attorney(s) appearing for the Case

Oman, Gentry, Yntema & Stotts, Nicholas R. Gentry and Todd W. Rogers, Albuquerque, for plaintiff-appellant.

David S. Campbell, City Atty. and David Suffling, Asst. City Atty., Albuquerque, for defendant-appellee.

OPINION

MONTGOMERY, Justice.

Article II, Section 20, of the New Mexico Constitution provides: "Private property shall not be taken or damaged for public use without just compensation." In this case we consider the meaning of the phrase "for public use" in the context of an inverse condemnation claim for damage to a property owner's buildings caused by a municipality's maintenance of nearby drainage ditches.

I.

The plaintiff is Electro...

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