New Mexico’s top prosecutor is going after landowners who he says are illegally and unconstitutionally depriving the public of access to the Pecos River.
FILE - New Mexico Attorney General Raúl Torrez speaks during a news conference, May 18, 2023, at the The Clyde Hotel in Albuquerque, N.M. New Mexico’s top prosecutor is going after landowners who he says are illegally and unconstitutionally depriving the public of access to stretches of one of the state’s most well-known rivers. ALBUQUERQUE, N.M.
The complaint specifically names Erik Briones, a businessman who owns land along the river. The filing also lists 10 “John Does” who represent both individuals and corporations who may be added to the complaint at a later time. Advocates of private property rights have argued for years that opening up waterways will result in decreased property values and less interest by owners to invest in conserving tracts of land along streams.
The counts listed in the complaint include depriving the public of access to the Pecos River and public nuisance. The complaint also asks the court to declare that the river is a public waterway and that the defendants do not have the right to defend their adjacent property with deadly force or threats of violence.
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