reglab/housing_qa huggingface dataset:
NM Stat § 42A-1-14 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 1 - General Provisions|Section 42A-1-14 - Notice.

If notice of a hearing or any other matter pursuant to Sections 42A-1-3 through 42A-1-12 NMSA 1978 is required, except for specific notice requirements as otherwise provided, notice shall be given: A. by mailing a copy thereof at least ten days before the time set for the hearing or determination of other matters by certified, registered or ordinary first class mail addressed to the person being notified; B. by service of a copy thereof at least ten days before the time set for the hearing or determination of other matters upon the person being notified in the manner provided by the Rules of Civil Procedure for the District Courts for service of summons and complaint; or C. if the address or name of any person is not known and cannot be ascertained by reasonable diligence, by publishing a copy thereof at least once a week for two consecutive weeks, in a newspaper of general circulation in the county in which the hearing is to be held, the last publication of which is to be at least five days before the time set for the hearing. History: 1978 Comp., § 42A-1-12, enacted by Laws 1980, ch. 20, § 14; amended and recompiled as § 42A-1-14 by Laws 1981, ch. 125, § 10. ANNOTATIONSRecompilations. — Laws 1981, ch. 125, § 12, recompiled former 42A-1-14 NMSA 1978, relating to the applicability of Article 1 of Chapter 42A, as 42A-1-16 NMSA 1978. Cross references. — For the Rules of Civil Procedure for the District Courts, see Rules 1-001 through 1-127 NMRA. The 1981 amendment substituted "Sections 42A-1-3 through 42A-1-12" for "Sections 42A-1-1 through 42A-1-10" in the introductory paragraph, substituted "Rules of Civil Procedure for the District Courts" for "rules of civil procedure" in Subsection B and deleted "in civil actions" following "complaint" in Subsection B. Am. Jur. 2d, A.L.R. and C.J.S. references. — 27 Am. Jur. 2d Eminent Domain §§ 478, 536 et seq., 874. Permissible modes of service of notice of eminent domain proceedings, 89 A.L.R.2d 1404. Inclusion or exclusion of first and last days in computing the time for performance of an act or event which must take place a certain number of days before a known future date, 98 A.L.R.2d 1331. 29A C.J.S. Eminent Domain §§ 237 to 247.
NM Stat § 42A-1-15 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 1 - General Provisions|Section 42A-1-15 - Rules of civil procedure.

Unless specifically provided to the contrary in the Eminent Domain Code, or unless inconsistent with its provisions, the Rules of Civil Procedure for the District Courts govern matters pursuant to that act. History: 1978 Comp., § 42A-1-13, enacted by Laws 1980, ch. 20, § 15; amended and recompiled as § 42A-1-15 by Laws 1981, ch. 125, § 11. ANNOTATIONSCross references. — For the Rules of Civil Procedure for the District Courts, see Rules 1-001 through 1-127 NMRA. The 1981 amendment substituted "the Eminent Domain Code" for "Sections 42A-1-1 through 42A-1-10 NMSA 1978," "its" for "their" and "that act" for "such sections" and inserted "for the District Courts." Application of rules of civil procedure. — Where the Eminent Domain Code is silent, the rules of civil procedure are applicable, unless application of the rules would be inconsistent with it. City of Sunland Park v. N.M. Pub. Reg. Comm'n, 2004-NMCA-024, 135 N.M. 143, 85 P.3d 267, cert. denied, 2004-NMCERT-002, 135 N.M. 169, 86 P.3d 47.
NM Stat § 42A-1-16 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 1 - General Provisions|Section 42A-1-16 - Application.

A. The provisions of Sections 42A-1-3 through 42A-1-16 NMSA 1978 apply to all condemnation actions brought pursuant to the laws of New Mexico including those actions brought pursuant to Sections 42-2-1 through 42-2-24 NMSA 1978. B. The provisions of Sections 42A-1-3 through 42A-1-12 NMSA 1978 shall not affect the right of possession and occupancy provided for in Sections 42A-1-22 and 42-2-6 NMSA 1978. History: 1978 Comp., § 42A-1-14, enacted by Laws 1980, ch. 20, § 16; amended and recompiled as § 42A-1-16 by Laws 1981, ch. 125, § 12. ANNOTATIONSThe 1981 amendment substituted "Sections 42A-1-3 through 42A-1-16" for "Sections 42A-1-1 through 42A-1-14" in Subsection A, substituted "Sections 42A-1-3 through 42A-1-12" for "Sections 42A-1-1 through 42A-1-10" in Subsection B and substituted "42A-1-22" for "42A-1-19" in Subsection B.
NM Stat § 42A-1-18 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 1 - General Provisions|Section 42A-1-18 - Notice of condemnation.

A. Upon filing a petition in condemnation in the district court, the clerk shall issue and give notice of condemnation which shall contain: (1) a copy of the petition and the appraisal, if one was prepared pursuant to Section 42A-1-5 NMSA 1978; (2) the title of the action; (3) the name or designation of the court and county in which the action is brought as well as the cause number; (4) a direction that the condemnee appear and answer to the petition within thirty days after service of notice, and a statement that unless the condemnee appears and answers, the petitioner will apply to the court for the relief demanded in the petition; (5) the name and address of the petitioner's attorney shall appear on every notice; and (6) a general statement of the nature of the action and a general description of the property involved in the action. B. If the condemnor in his petition requests an order for immediate possession, notice of such request shall be incorporated in the notice provided for pursuant to Subsection A of this section. C. If an appraisal has been prepared pursuant to Section 42A-1-5 NMSA 1978, the condemnor shall file a copy of it at the time the petition is filed and shall deposit with the clerk of the court the amount determined by the appraisers pursuant to Section 42A-1-5 NMSA 1978. The deposit shall be managed pursuant to the provisions of Subsections E through G of Section 42A-1-19 NMSA 1978. History: 1978 Comp., § 42A-1-18, enacted by Laws 1981, ch. 125, § 14. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Conditions imposed to approval of proposed subdivision map or plat as constituting taking of property for public use without compensation, 11 A.L.R.2d 524. 29A C.J.S. Eminent Domain §§ 220, 237 to 247, 248 to 266.
NM Stat § 42A-1-22 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 1 - General Provisions|Section 42A-1-22 - Order of immediate possession prior to judgment.

A. At the time of filing the petition, the condemnor may apply to the court for an order for immediate possession of the property proposed to be taken. B. Upon filing the petition, the court shall set a time for hearing within thirty days of the filing, and notice shall be given as provided in Section 42A-1-18 NMSA 1978. C. At the hearing, the court shall make an order authorizing the condemnor to take immediate possession of the property if it finds that the use for which the property sought to be condemned is a public use and that immediate possession is necessary. D. If the order is granted pursuant to Subsection C of this section and no offer was made pursuant to Section 42A-1-5 NMSA 1978, the court shall require the condemnor to deposit with the court an amount established by it. Money from the deposit may be invested and disbursed as provided in Subsections E through G of Section 42A-1-19 NMSA 1978. Upon final confirmation of the report of the commissioners, the deposit made pursuant to this subsection shall be adjusted to reflect that report. The adjustment, however, shall not require the condemnee to refund any amount withdrawn pursuant to Subsection E of Section 42A-1-19 NMSA 1978, but any amount withdrawn shall be credited against the total amount awarded pursuant to Section 42A-1-24 NMSA 1978. E. The order for immediate possession shall describe the property to which the condemnor is authorized to take possession. The description may be by reference to the petition. The order shall also state the date at which the condemnor is authorized to take possession of the property. History: 1978 Comp., § 42A-1-22, enacted by Laws 1981, ch. 125, § 18. ANNOTATIONSUse of a natural gas pipeline was a "public use" as required for condemnation under the Eminent Domain Code. Kennedy v. Yates Petroleum Corp., 1986-NMSC-064, 104 N.M. 596, 725 P.2d 572. Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Eminent Domain §§ 155, 156, 918 et seq.; 27 Am. Jur. 2d Eminent Domain §§ 519 et seq., 854 et seq. Provision for taking or retaining possession pending appeal in condemnation proceeding, 55 A.L.R. 201. Condemnation proceedings as affecting insurable interest of property owner, 29 A.L.R.2d 888. Who, as between condemnor and condemnee, bears risk of loss or destruction of property occurring after commencement but before completion of eminent domain proceedings, 89 A.L.R.2d 1076. Injunction against exercise of power of eminent domain, 93 A.L.R.2d 465. Right to enter land for preliminary survey or examination, 29 A.L.R.3d 1104. 29A C.J.S. Eminent Domain §§ 172 to 177, 183, 212, 267, 348, 387 to 390, 401, 413, 419.
NM Stat § 42A-1-23 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 1 - General Provisions|Section 42A-1-23 - Possession; no effect on other rights.

By taking possession pursuant to the provisions of Section 42A-1-22 NMSA 1978, the condemnor does not waive the right to appeal from the judgment, the right to abandon or the right to request a new trial. History: 1978 Comp., § 42A-1-23, enacted by Laws 1981, ch. 125, § 19.
NM Stat § 42A-1-25 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 1 - General Provisions|Section 42A-1-25 - Litigation expenses.

A. The court shall award the condemnee his litigation expenses whenever: (1) the condemnor has abandoned the condemnation proceeding; (2) the condemnation proceeding has been dismissed for any reason except when a bona fide settlement has been reached; or (3) there is a final determination that the condemnor does not have a right to take the property sought to be acquired in the condemnation proceeding. B. Before awarding litigation expenses pursuant to this section, the court shall review the reasonableness of such expenses and fees. History: 1978 Comp., § 42A-1-25, enacted by Laws 1981, ch. 125, § 21. ANNOTATIONSRefusal to negotiate as taking without "right". — Where a county deliberately chose to take property first and litigate afterwards, forcing the landowner to initiate the lawsuit, the district court properly concluded that the county did not have the "right" to take the property, and the condemnee was entitled to an award of attorney's fees. Landavazo v. Sanchez, 1990-NMSC-114, 111 N.M. 137, 802 P.2d 1283.
NM Stat § 42A-1-27 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 1 - General Provisions|Section 42A-1-27 - Proof of payment; recording judgment.

A. After the condemnor has made payment in full to the clerk of the district court in accordance with the judgment in the condemnation action, the clerk shall certify upon the judgment that payment has been made. B. A copy of the judgment showing payment shall be recorded in the office of the county clerk of the county in which the property is located, and thereupon the title or interest in the property affected shall vest in the condemnor. C. If the condemnor is a governmental entity, a copy of the judgment shall be filed with the county assessor who shall remove such property from the tax rolls. History: 1978 Comp., § 42A-1-27, enacted by Laws 1981, ch. 125, § 23. ANNOTATIONSOnce city satisfied requirements of this section, the city had a clear legal right to enforce. City of Sunland Park v. N.M. Pub. Reg. Comm'n, 2004-NMCA-024, 135 N.M. 143, 85 P.3d 267, cert. denied, 135 N.M. 169, 86 P.3d 47. Title vests, according to Subsection B of this section, when the certification of deposit is recorded in the district court, not when the money is disbursed to the condemnee. City of Sunland Park v. N.M. Pub. Reg. Comm'n, 2004-NMCA-024, 135 N.M.143, 85 P.3d 267, cert. denied, 2004-NMCERT-002, 135 N.M. 169, 86 P.3d 47.
NM Stat § 42A-1-28 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 1 - General Provisions|Section 42A-1-28 - Imperfect titles.

If the title attempted to be acquired is found to be defective from any cause, the condemnor may institute proceedings to acquire the property as provided in the Eminent Domain Code. History: 1978 Comp., § 42A-1-28, enacted by Laws 1981, ch. 125, § 24. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Eminent Domain §§ 171 et seq., 257, 258; 27 Am. Jur. 2d Eminent Domain § 563. 29A C.J.S. Eminent Domain §§ 152, 153, 411, 417.
NM Stat § 42A-1-30 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 1 - General Provisions|Section 42A-1-30 - Adverse possession; statute of limitation.

The defendant to an action brought pursuant to Section 42A-1-29 NMSA 1978 may plead adverse possession as defined by Section 37-1-22 NMSA 1978 or acquisition by prescription as a defense to the action, but no other statute of limitation shall be applicable or pleaded as a defense thereto except as provided in Section 42A-1-31 NMSA 1978. History: 1978 Comp., § 42A-1-30, enacted by Laws 1981, ch. 125, § 26. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 27 Am. Jur. 2d Eminent Domain §§ 877, 878, 879, 884. 29A C.J.S. Eminent Domain §§ 6, 232, 361.
NM Stat § 42A-1-32 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 1 - General Provisions|Section 42A-1-32 - Costs; compensation of commissioners.

A. Except as expressly provided by law, the costs of the proceedings to condemn property shall be paid by the party seeking the condemnation, including the costs of the final report of the commissioners if applicable. B. If applicable, the court shall allow the commissioners reasonable compensation for their services. Such compensation shall be taxed as costs in the proceedings. History: 1978 Comp., § 42A-1-32, enacted by Laws 1981, ch. 125, § 27. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 27 Am. Jur. 2d Eminent Domain §§ 583 et seq., 743 et seq. Condemner's waiver, surrender, or limitation, after award, of rights or part of property acquired by condemnation, 5 A.L.R.2d 724. Liability for costs in trial tribunal in eminent domain proceedings as affected by offer or tender by condemnor, 70 A.L.R.2d 804. Liability of state, or its agency or board, for costs, 72 A.L.R.2d 1379. Liability, upon abandonment, for loss or expenses incurred by property owner, or for interest on award or judgment, 92 A.L.R.2d 355. 30 C.J.S. Eminent Domain §§ 366 to 374.
NM Stat § 42A-1-33 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 1 - General Provisions|Section 42A-1-33 - Easement; abandonment.

Except as specifically provided by law, when an easement has been taken by eminent domain for public use and the public use is subsequently abandoned, the easement is extinguished and the possession of the property reverts to the owner or his successor in interest of the fee free from any rights in the condemnor. History: 1978 Comp., § 42A-1-33, enacted by Laws 1981, ch. 125, § 28.
NM Stat § 42A-1-34 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 1 - General Provisions|Section 42A-1-34 - Sign removal by local governments; compensation.

No municipal, county or local zoning authority or any other political subdivision of the state shall remove or cause to be removed any lawfully erected and maintained advertising structure without paying just compensation. As used in this act [this section], "advertising structure" means and includes any outdoor sign, display, figure, painting, poster, billboard or similar thing designed, intended or used to advertise or inform the public of goods or services sold either on or off the premises where the advertising structure is located. History: Laws 1981, ch. 284, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Constitutionality. — This section does not violate N.M. Const., art. IV, § 24, as it does not constitute a prohibited "special law" by granting special rights to sign owners as compared to other property owners whose property is caused to be removed by operation of a local zoning ordinance. Battaglini v. Town of Red River, 1983-NMSC-067, 100 N.M. 287, 669 P.2d 1082. Regulation of outdoor advertising valid. — Municipal regulation of outdoor advertising for aesthetic and safety purposes, as manifested in a sign ordinance, constitutes a valid exercise of the police power, as that power is derived from authority granted by the state. Battaglini v. Town of Red River, 1983-NMSC-067, 100 N.M. 287, 669 P.2d 1082. Granting of amortization period does not constitute "paying just compensation" as required by this section. Battaglini v. Town of Red River, 1983-NMSC-067, 100 N.M. 287, 669 P.2d 1082. Unlawfully erected signs not compensable. — This section does not authorize payment of compensation for the removal of unlawfully erected signs. City of Albuquerque v. Jackson, 1984-NMCA-062, 101 N.M. 457, 684 P.2d 543. Sign not lawful though regulating ordinance held unconstitutional in separate case. — Defendant charged with violations of local sign ordinance could not rely on a judgment pending appeal in a separate case which held the ordinance unconstitutional, since city's appeal of judgment automatically stayed that court's decision; thus, his sign that did not comply with the ordinance was not lawfully erected. City of Albuquerque v. Jackson, 1984-NMCA-062, 101 N.M. 457, 684 P.2d 543.
NM Stat § 42A-2-1 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 2 - Public Utilities|Section 42A-2-1 - Railroad, telephone or telegraph company.

Any foreign or domestic railroad, telephone or telegraph company which is duly qualified and doing business in New Mexico shall have the power of eminent domain for acquiring property for public use for the purpose of constructing lines, microwave systems and structures and other communication or transportation structures and other facilities necessary for the operation for [of] such transportation or communication system for such entity according to the procedure for condemnation as provided in the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978]. History: 1978 Comp., § 42A-2-1, enacted by Laws 1981, ch. 125, § 29. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For municipal airports, see 3-39-1 NMSA 1978 et seq. For county flood commissioners condemning property, see 4-50-5 NMSA 1978. For state game commission, see 17-4-1 NMSA 1978 et seq. For public utilities, see 62-1-4 NMSA 1978. For condemnation by water-works corporation of water-ways, see 62-2-16 NMSA 1978. For pipe-lines, see 70-3-5 NMSA 1978. For construction of water-ways, see 72-1-5 NMSA 1978. For dominant right of eminent domain in conservancy districts, see 73-14-41 NMSA 1978. Railroads can acquire possessory rights when no complaints made. — When the railroad company took possession of the land and used it for its purposes for 30 years without complaint by the landowners, it acquired all possessory rights to the land necessary for its purposes. Timberlake v. Southern Pac. Co., 1969-NMSC-143, 80 N.M. 770, 461 P.2d 903. Power of eminent domain belongs to telephone corporation. — Corporation, engaged as a public utility in furnishing telephone service to the public, has the power of eminent domain. State Hwy. Comm'n v. Ruidoso Tel. Co., 1963-NMSC-150, 73 N.M. 487, 389 P.2d 606. Am. Jur. 2d, A.L.R. and C.J.S. references. — Eminent domain: unity or contiguity of separate properties sufficient to allow damages for diminished value of parcel remaining after taking of other parcel, 59 A.L.R.4th 308.
NM Stat § 42A-2-2 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 2 - Public Utilities|Section 42A-2-2 - Telephone and telegraph companies; limitations and regulations.

No telephone or telegraph company shall, by virtue of its eminent domain power, be authorized to enter or appropriate any dwelling, barn, store, warehouse or similar building erected for any commercial, agricultural or manufacturing purposes, or to erect poles so near such structure as to materially inconvenience the condemnee in their use or to damage such structure. History: 1978 Comp., § 42A-2-2, enacted by Laws 1981, ch. 125, § 30. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Eminent Domain § 96; 27 Am. Jur. 2d Eminent Domain §§ 200, 229, 386, 395, 396, 928 et seq. 29A C.J.S. Eminent Domain §§ 76, 77, 113, 114, 135, 418.
NM Stat § 42A-2-3 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 2 - Public Utilities|Section 42A-2-3 - Property of public utilities.

A. If the property to be condemned is held by any public utility corporation, the right to condemn such property by a railroad, telephone or telegraph company is limited to such use as shall not materially interfere with the uses to which by law the public utility corporation holding the property is authorized to use it. B. Where no agreement can be made between the parties, the method of assessing the damages to private persons as provided pursuant to the provisions of the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978] shall be used. History: 1978 Comp., § 42A-2-3, enacted by Laws 1981, ch. 125, § 31. ANNOTATIONSSection gives court right to determine railroad track crossings. — This section and Section 42A-2-4 NMSA 1978 invest in the court the right to determine the place and manner of crossing by one railroad of the tracks of another. Atchison, T. & S.F. Ry. v. Citizens' Traction & Power Co., 1911-NMSC-018, 16 N.M. 154, 113 P. 810. No power to contract for parties. — This statute does not say that the court shall make a contract for the parties, but that the court shall have the power to regulate and determine the matter and things with respect to which the parties might have contracted. Atchison, T. & S.F. Ry. v. Citizens' Traction & Power Co., 1919-NMSC-031, 25 N.M. 345, 182 P. 871. Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Eminent Domain §§ 90, 96, 126, 199, 231, 233, 927. Furnishing electricity to public as public use or purpose for which power of eminent domain may be exercised, 44 A.L.R. 735, 58 A.L.R. 787. Power of eminent domain as between state and subdivision or agency thereof, or as between different subdivisions or agencies themselves, 35 A.L.R.3d 1293. 29A C.J.S. Eminent Domain §§ 59, 273.