The legislature shall not grant to any corporation or person, any rights, franchises, privileges, immunities or exemptions, which shall not, upon the same terms and under like conditions, inure equally to all persons or corporations; no exclusive right, franchise, privilege or immunity shall be granted by the legislature or any municipality in this state.

ANNOTATIONS

Comparable provisions. — Utah Const., art. VI, § 28.

Wyoming Const., art. III, § 27.

Construction. — This section forbids the granting to any corporation or person of any rights, franchises, privileges, immunities or exemptions which shall not inure equally to all such corporations or persons. State ex rel. Interstate Stream Comm'n v. Reynolds, 1963-NMSC-023, 71 N.M. 389, 378 P.2d 622.

Garbage disposal franchise. — Constitutional guaranties against the granting of exclusive privileges to any person or corporation do not deny to the state or municipal subdivisions the power to grant to an individual the exclusive privilege to collect and dispose of garbage as a sanitary measure. Gomez v. City of Las Vegas, 1956-NMSC-021, 61 N.M. 27, 293 P.2d 984.

State Bar Act. — State Bar Act (former 36-2-2 NMSA 1978, repealed) did not violate this section. In re Gibson, 1931-NMSC-042, 35 N.M. 550, 4 P.2d 643, abrogated, In re Bristol, 2006-NMSC-041, 140 N.M. 317, 142 P.3d 905.

Fishing and hunting privileges. — This section would be violated by treating public waters as part of a privately owned enclosure under licensing statute (43-301(9), 1941 Comp., repealed) which required holders of fishing and hunting licenses to obtain owner's consent before fishing or hunting upon the enclosure. State ex rel. State Game Comm'n v. Red River Valley Co., 1945-NMSC-034, 51 N.M. 207, 182 P.2d 421.

Limits on carrier's tort liability. — Wrongful death statutes (41-2-1 to 41-2-4 NMSA 1978) which formerly placed ceiling on amount recoverable from common carriers but not on recovery from private persons did not violate this section. De Soto Motor Corp. v. Stewart, 62 F.2d 914 (10th Cir. 1932).

Use of trust funds for irrigation systems. — Appropriation of funds from trust to state engineer for irrigation purposes in systems in certain counties, pursuant to Laws 1961, ch. 181 to 183, did not violate this section. Interstate Stream Comm'n v. Reynolds, 1963-NMSC-023, 71 N.M. 389, 378 P.2d 622.

Insurance monopoly. — Laws 1925, ch. 135, § 69, prohibiting more than one agent of fire insurance company in each town violated due process and special privileges clauses of constitution. Franklin Fire Ins. Co. v. Montoya, 1926-NMSC-055, 32 N.M. 88, 251 P. 390.

Privilege tax and exemption. — Former 2% privilege tax, previously imposed under 59-26-31 NMSA 1978, from which qualified benefit societies were exempted did not violate this section; power of legislature to classify for purposes of taxation and to impose tax in question must be conceded if any reasonable or sound basis can be found to sustain it. Sovereign Camp, W.O.W. v. Casados, 21 F. Supp. 989 (D.N.M.) aff'd, 305 U.S. 558, 59 S. Ct. 79, 83 L. Ed. 352 (1938).

Legislature may constitutionally limit municipal electric system's right to serve area. — Where the legislature limits a municipal electric system's right to serve in an area, that legislative limitation does not constitute an unconstitutional exclusive franchise in violation of this section. Springer Elec. Coop. v. City of Raton, 1983-NMSC-036, 99 N.M. 625, 661 P.2d 1324.

Reimbursement of municipal utilities' relocation costs improper. — Provisions of Laws 1959, ch. 289, attempting to provide for reimbursement of relocation costs for municipally-owned utilities on primary highway system, retrospectively to March 29, 1957, involved an attempt to grant rights, privileges or immunities in an unequal manner so as to be contrary to this section. State ex rel. City of Albuquerque v. Lavender, 1961-NMSC-096, 69 N.M. 220, 365 P.2d 652.

Private signs illegal on state fences. — An adjoining property owner may not legally post "no trespassing," "no hunting" or directional signs or information signs in connection with his ranch upon right-of-way fences belonging to the state and erected by the state highway commission [state transportation commission]. 1954 Op. Att'y Gen. No. 54-5934.

Rural electric cooperatives subject to regulations. — Rural electrification cooperatives are subject to the same regulations by the highway commission and the county or municipality for the use of rights-of-way as any other public utility, and would be subject to the penal features of 67-8-13 and 67-8-14 NMSA 1978, relating to wiring requirements. 1952 Op. Att'y Gen. No. 52-5624.

Purpose. — This provision appears to be part of the determination to prevent unequal and partial legislation or action on the part of government, favoring certain groups or individuals. 1970 Op. Att'y Gen. No. 70-53.

Beverage products franchise. — Contract giving a company the exclusive right to sell its beverage products on city premises is permissible under this section. 2000 Op. Att'y Gen. No. 00-04.

Franchises upheld as industry regulation. — There is considerable legislation which may in practice result in an exclusive grant or license being granted by municipalities or executive agencies of the state (e.g., public utility franchises, state park concessions, motor carrier certificates, licenses to conduct parimutual horse racing); generally, these franchises or licenses are upheld and construed as not violating constitutional provisions against the granting of exclusive privileges or franchises on the basis that the public interest is served by the regulation of the industry and that all citizens are afforded an equal opportunity to receive the franchise. 1970 Op. Att'y Gen. No. 70-53.

Award of competitive franchise reserved. — A municipality, as a matter of law, retains the right to grant to any privately operated public utility corporation a franchise to engage in direct competition with any other such corporation operating pursuant to franchise previously granted. 1958 Op. Att'y Gen. No. 58-236.

Occupancy of palace by historical society as permissive license. — Since statehood, occupancy by the New Mexico historical society of a portion of the palace of the governors in Santa Fe has been in the nature of a tenancy or permissive license and is revocable at the discretion of the board of directors of the museum of New Mexico (now replaced by the museum division of the educational finance and cultural affairs department) since no special right could be properly invested in a private corporation by law to entitle it to enjoy permanent occupancy of a public building under the control of the state. 1964 Op. Att'y Gen. No. 64-41.

Car rental franchise at municipal airport. — Some doubt exists as to the constitutionality of a municipality granting an exclusive franchise or concession for a car rental at an airport funded with local bond money and federal funds; but the courts could uphold these concessions on the theory that the airport is a proprietary function and that the exclusive concession is a managerial prerogative, reasonably incidental to the conduct of an efficient airport operation. 1970 Op. Att'y Gen. No. 70-53.

Public printing bill. — Laws 1937, ch. 168 (former 13-3-1 to 13-3-5 NMSA 1978), which was commonly referred to as the public printing bill, was constitutional. 1937 Op. Att'y Gen. 37-1704.

Law reviews. — For survey, "The Statute of Limitations in Medical Malpractice Actions," see 6 N.M. L. Rev. 271 (1976).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 16A Am. Jur. 2d Constitutional Law § 785.

Special privileges, "Mothers" Pension Act, 3 A.L.R. 1233, 88 A.L.R. 1068.

Discrimination by degrees of punishment based upon age, color or sex, 3 A.L.R. 1614, 8 A.L.R. 854.

Discrimination, degree of penalty for violating Sunday laws, 8 A.L.R. 566.

Special privileges, old-age pension or assistance acts, 37 A.L.R. 1524, 86 A.L.R. 912, 101 A.L.R. 1215.

Population as basis of classification of water companies, 45 A.L.R. 1170.

License fees, discrimination against foreign corporations in imposition of, 49 A.L.R. 726, 77 A.L.R. 1490.

Blue Sky Laws, constitutionality of, 87 A.L.R. 45.

Competition by grantor of nonexclusive franchise, or provision therefor, as violation of constitutional rights of franchise holder, 114 A.L.R. 192.

Discrimination between business by Sunday laws, 119 A.L.R. 752.

Inclusion of different franchise rights or purposes in same ordinance, 127 A.L.R. 1049.

Cooperative group furnishing service to members only, constitutionality of statutes as to, or of application to, of public utility statute, 132 A.L.R. 1496.

Validity of governmental requirement of oath of allegiance or loyalty, 18 A.L.R.2d 268.

Discretion of court to refuse to entertain action for nonstatutory tort occurring in another state or country, 48 A.L.R.2d 800.

16B C.J.S. Constitutional Law § 652.