NM Utility Seeks 10th Circ. Redo In Navajo Right Of Way Suit

Law360, New York (July 10, 2017, 7:58 PM EDT) -- A New Mexico utility asked the full Tenth Circuit on Friday to rethink a ruling that it cannot secure a path for a transmission line through property that is partly owned by the Navajo Nation because there’s no language in federal law on rights of way that allows tribal lands to be condemned.

The Public Service Co. of New Mexico, also known as PNM, filed a petition for en banc rehearing of a three-judge panel’s May precedential ruling affirming a lower court’s conclusion that when part of a parcel of land allotted to an individual is transferred to the U.S. in...

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