Blackstone’s Commentaries make clear that the legislature could compel a property owner to give up his property but only “by giving him full indemnification and equivalent for the injury thereby sustained.” 1 William Blackstone, Commentaries at 139. {44} The New Mexico Constitution addresses the power of eminent domain in two provisions. Article II, Section 18 provides that “[n]o person shall be deprived of life, liberty or property without due process of law,” and Article II, Section 20 provides that “[pjrivate property shall not be taken or damaged for public use without just compensation.” The “or damaged” provision of Section 20 serves to allow compensation even when an actual taking has not occurred. Bd. of County Comm’rs v. Harris, 69 N.M. 315, 317, 366 P.2d 710, 711 (1961) (<HOLDING>). But see Pub. Serv. Co. v. Catron, 98 N.M.
holding the aggregate value of the land and its improvements is the controlling value holding that sale was appropriate where dividing the property among six parties was difficult because the nature of the land made it impossible to divide it into six equal parcels and the land likely had more value sold as a whole holding plaintiff entitled to depreciation after repairs in determining the vehicles value at the time of the theft allowance must be made for depreciation then accrued holding that a cause of action relative to an asserted de facto condemnation did not arise until physical restrictions to access were effected since until such time the claim was speculative and remote as no compensable injury had occurred thus the mere filing of a highway plan showing a change of grade that would interfere with access did not give rise to a condemnation claim holding that depreciation in land value caused by a material change in a highway grade which made access to the property difficult is compensable