Protect New Mexico

Your source for environmental information at the NM legislature

HB 424: WATER DISTRICTS TORT IMMUNITY

An Act Relating To Torts; Amending A Section Of The Tort Claims Act To Provide For An Exclusion From The Waiver Of Immunity For Irrigation And Conservancy Districts That Authorize Part Of Their Property For Use As A Roadway By The Public Or Government Entity.

LoadingAdd to My Bills

MILD HB 424
WATER DISTRICTS TORT IMMUNITY

Legislative URL:
HB 424 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
SJC
Action:
[10] HSCAC/HJC-HSCAC [27] DP-HJC [39] DP - PASSED/H (56-0) [41] SJC API.
Issue(s):

Companion Bills

Bills:
WATER DISTRICT TORT IMMUNITY

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
HSCAC Committee Report
HJC Committee Report
Final House Vote
Fiscal Impact Report
Summary

This bill amends a section of the Tort Claims Act to provide an exclusion from the waiver of immunity for:

  • irrigation and conservancy districts that authorize any part of their property for use as a road by the general public; and
  • their employees acting lawfully and within the scope of their duties.

 

A precondition for the exclusion is a written agreement with a state agency or governmental entity to operate or maintain the road. The state agency or governmental entity will be subject to liability under the Tort Claims Act.

 

A potential benefit of this bill might be the increased availability for public use of roadways on land owned by irrigation and conservancy districts.