reglab/housing_qa huggingface dataset:
NM Stat § 41-14-3 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 14 - Space Flight Informed Consent|Section 41-14-3 - Limited liability.

A. Except as provided in Subsection B of this section, a space flight entity is not liable for injury to or death of a participant resulting from the inherent risks of space flight activities so long as the warning contained in Section 41-14-4 NMSA 1978 is distributed and signed as required. Except as provided in Subsection B of this section, a participant or participant's representative may not maintain an action against or recover from a space flight entity for the loss, damage or death of the participant resulting exclusively from any of the inherent risks of space flight activities. B. Subsection A of this section does not prevent or limit the liability of a space flight entity if the space flight entity: (1) commits an act or omission that constitutes willful, wanton or reckless disregard for the safety of the participant and that act or omission proximately causes injury, damage or death to the participant; (2) has actual knowledge or reasonably should have known of a dangerous condition on the land or in the facilities or equipment used in the space flight activities and the danger proximately causes injury, damage or death to the participant; or (3) intentionally injures the participant. C. A space flight entity shall present to and file with the spaceport authority a certificate of insurance coverage in the amount of at least one million dollars ($1,000,000) that covers liability by the space flight entity for all space flight activities. No space flight entity that fails to maintain the insurance requirements of this section shall receive any of the protections afforded by the Space Flight Informed Consent Act. D. The limitation on legal liability provided to a space flight entity by the Space Flight Informed Consent Act is in addition to any other limitation of legal liability otherwise provided by law. History: Laws 2010, ch. 8, § 3; 2013, ch. 131, § 3. ANNOTATIONSRepeals. — Laws 2021, ch. 88, § 2, effective June 18, 2021, repealed Laws 2010, ch. 8, § 5, as amended by Laws 2013, ch. 131, § 4, which would have repealed the Space Flight Informed Consent Act, effective July 1, 2021.The 2013 amendment, effective June 14, 2013, changed the circumstances under which a space flight entity is liable under the act; in the title, deleted "civil immunity for space flight entities" and added "Limited liability"; in Subsection A, in the first sentence, after "Section", deleted "4 of the Space Flight Informed Consent Act" and added "41-14-4 NMSA 1978"; in Paragraph (1) of Subsection B, after "omission that constitutes", deleted "gross negligence or" and after "wanton or", added "reckless"; and added Subsection C.
NM Stat § 41-14-4 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 14 - Space Flight Informed Consent|Section 41-14-4 - Warning and acknowledgment required.

A. A space flight entity providing space flight activities to a participant, whether the activities occur on or off the site of a facility capable of launching a suborbital flight, shall have each participant sign a warning statement. The warning statement shall contain, at a minimum, the following statement: "WARNING AND ACKNOWLEDGMENT I understand and acknowledge that under New Mexico law, there is no liability for injury to or death sustained by a participant in a space flight activity provided by a space flight entity if the injury or death results from the inherent risks of the space flight activity. Injuries caused by the inherent risks of space flight activities may include, among others, death, bodily injury, emotional injury or property damage. I assume all risk of participating in this space flight activity.". B. Failure to provide the warning statement requirements in this section to a participant shall prevent a space flight entity from invoking the immunity provided by this section with regard to that participant. History: Laws 2010, ch. 8, § 4. ANNOTATIONSRepeals. — Laws 2021, ch. 88, § 2, effective June 18, 2021, repealed Laws 2010, ch. 8, § 5, as amended by Laws 2013, ch. 131, § 4, which would have repealed the Space Flight Informed Consent Act, effective July 1, 2021.Effective dates. — Laws 2010, ch. 8 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
NM Stat § 42-1-1 to 42-1-39 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 1 - Eminent Domain Generally (Repealed, Recompiled.)|Section 42-1-1 to 42-1-39 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 125, § 62, repealed 42-1-1 to 42-1-39 NMSA 1978, relating to eminent domain, effective July 1, 1981. For present provisions, see 42A-1-1 through 42A-1-33 NMSA 1978.
NM Stat § 42-1-40 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 1 - Eminent Domain Generally (Repealed, Recompiled.)|Section 42-1-40 - Recompiled.

ANNOTATIONSRecompilations. — Laws 1981, ch. 125, § 60, recompiled 42-1-40 NMSA 1978, relating to statutes of limitations for actions against state agencies or political subdivisions, as 42A-1-31 NMSA 1978, effective July 1, 1981.
NM Stat § 42-2-2 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 2 - Special Alternative Condemnation Procedure|Section 42-2-2 - Definitions.

As used in this act [42-2-1 to 42-2-16 NMSA 1978], "state" includes any commission, department, institution, bureau or agency thereof as well as all political subdivisions of the state. History: 1953 Comp., § 22-9-40, enacted by Laws 1959, ch. 324, § 2. ANNOTATIONSState highway commission (now state transportation commission) authorized by legislature to acquire property. — The state highway commission (now state transportation commission) is a department of the state of New Mexico, and authorized by the legislature to acquire property for highway purposes. State ex rel. State Hwy. Comm'n v. Burks, 1968-NMSC-121, 79 N.M. 373, 443 P.2d 866. Acquiring land for county sewage disposal facility. — The governing body of a county has the power of eminent domain for the purpose of acquiring land for a county sewage disposal facility, including a sewage lagoon. 1963 Op. Att'y Gen. No. 63-75. Am. Jur. 2d, A.L.R. and C.J.S. references. — 72 Am. Jur. 2d States, Territories, and Dependencies §§ 2, 3.
NM Stat § 42-2-3 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 2 - Special Alternative Condemnation Procedure|Section 42-2-3 - Purpose.

Unless otherwise specifically provided by law: A. the state may acquire, either temporarily or permanently, public or privately owned lands, real property or any interests therein, including water rights or any easements deemed necessary or desirable for present or future public road, street or highway purposes by gift, agreement, purchase, exchange, condemnation or otherwise. Such lands or interests in real property may be acquired in fee simple; B. present or future public road, street or highway purposes include the taking of personal property, land or any interest in real property, under the Highway Beautification Act [67-12-1 to 67-12-15 NMSA 1978]; C. the state may use the special alternative procedure to acquire lands or any interest therein for any public purpose for which the power of eminent domain may be properly exercised; and D. for the purposes provided in Subsections A through C of this section, when state-owned property must be taken, the state board of finance shall first determine the greater public need, unless the state defendant in whom title is vested concedes that the purpose for which the property is sought to be taken is the greater public need. History: 1953 Comp., § 22-9-41, enacted by Laws 1959, ch. 324, § 3; 1966, ch. 65, § 15; 1981, ch. 125, § 49. ANNOTATIONSThe 1981 amendment, effective on July 1, 1981, added the introductory paragraph, substituted "provided in Subsections A through C of this section" for "above provided" in Subsection D and made other minor changes. Generally. — By its title, the act (Sections 42-2-1 to 42-2-16 NMSA 1978) is one providing an alternative procedure whereby public or private property may be condemned for highway purposes. State ex rel. State Hwy. Comm'n v. Board of Cnty. Comm'rs, 1963-NMSC-074, 72 N.M. 86, 380 P.2d 830. Legislative approval prior to condemnation by state highway department unnecessary. — Even though legislative approval prior to condemnation by the state highway department is not necessary under this section, 13-6-2 NMSA 1978, still controls the distribution of proceeds from the sale or condemnation. 1969 Op. Att'y Gen. No. 69-144. Condemnation of Indian lands. — The state highway department may condemn lands belonging to the intertribal Indian ceremonial association without legislative approval if the provisions of this section are complied with. 1969 Op. Att'y Gen. No. 69-144. Law reviews. — For note, "Cultural Properties Act - Turley v. State and the New Mexico Cultural Properties Act: A Matter of Interpretation," see 13 N.M.L. Rev. 737 (1983).
NM Stat § 42-2-4 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 2 - Special Alternative Condemnation Procedure|Section 42-2-4 - Authority to acquire.

In connection with the acquisition of property or property rights the state may by order of the court acquire an entire lot, block or tract of land if by so doing the interests of the public will be best served. History: 1953 Comp., § 22-9-41.1, enacted by Laws 1965, ch. 158, § 1.
NM Stat § 42-2-7 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 2 - Special Alternative Condemnation Procedure|Section 42-2-7 - Service; personal or by publication.

A. Personal service, either within or without the state, of the petition, notice of condemnation and the notice of the preliminary order of entry, if any, shall be made and had in the manner as provided in the Rules of Civil Procedure, Rule 4(e), Subsections 1 to 6 inclusive [Rule 1-004 F(1) to F(6) NMRA], or as they may be amended. B. If the name or residence of any owner be unknown, or if the owners or any of them do not reside within the state, or cannot be found therein, and are not served as hereinbefore provided, the required service and notice shall be given by publication of notice thereof for two consecutive weeks, the last publication to be at least three days prior to any default date, in a newspaper published in the county in which the proceedings are pending, if one is published in that county; if no newspaper is published in such county, then a newspaper published in another county, having a general circulation in the county wherein such proceedings are pending. When the address of any defendant who resides out of state is known to the petitioner, the publication shall be made as aforesaid and in addition, a copy of the petition and required notice thereof and the notice of the preliminary order entered, if any, shall be mailed to said defendant at such address, at least ten days prior to any default date on the preliminary order. C. Personal service outside the state of any pleading or notice shall be equivalent to publication and mailing, and such personal service of the notice of entry of a preliminary order shall commence the running of the ten-day period within which objections may be made to the granting of a permanent order. Return of such service shall be by affidavit of the person making the same. History: 1953 Comp., § 22-9-44, enacted by Laws 1959, ch. 324, § 6. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 27 Am. Jur. 2d Eminent Domain §§ 478, 487, 498, 499. Permissible modes of service of notice of eminent domain proceedings, 89 A.L.R.2d 1404. 29A C.J.S. Eminent Domain §§ 240 to 244, 246.
NM Stat § 42-2-8 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 2 - Special Alternative Condemnation Procedure|Section 42-2-8 - Contents of answer.

The defendant shall set forth in his answer the following: A. the estate or interest in each tract or parcel of property taken or described in the petition in which the defendant has any interest; B. the name and address of anyone claiming any interest in such tract or parcel of property known to the defendant and the amount of such interest; C. the amount which the defendant claims as just compensation for the property taken or described in the petition and the amount, if any, of the various elements of damage, including damage to any remaining portion of a contiguous tract owned or controlled by the defendant; D. the highest and best use to which the property is adapted; E. a description of the total tract owned by the defendant or in which he claims an interest, which has been damaged by the taking or the proposed improvement; F. any other material or pertinent matter with regard to damages known to the defendant. History: 1953 Comp., § 22-9-45, enacted by Laws 1959, ch. 324, § 7; 1967, ch. 207, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 27 Am. Jur. 2d Eminent Domain §§ 527 et seq., 895. 29A C.J.S. Eminent Domain §§ 261, 262.
NM Stat § 42-2-9 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 2 - Special Alternative Condemnation Procedure|Section 42-2-9 - Time for answering.

The defendant or his attorney shall file his answer to the petition within thirty days after service of the petition and notice. History: 1953 Comp., § 22-9-46, enacted by Laws 1959, ch. 324, § 8; 1967, ch. 207, § 2.
NM Stat § 42-2-10 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 2 - Special Alternative Condemnation Procedure|Section 42-2-10 - Intervention.

All persons in occupation of, or having or claiming an interest in, any of the property described in the petition or in the damages, if any, for the taking thereof, though not named, may appear, plead and defend, each in respect to his own property or interest, or that claimed by him, in like manner as if named in the petition, at any time prior to trial. History: 1953 Comp., § 22-9-47, enacted by Laws 1959, ch. 324, § 9. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 27 Am. Jur. 2d Eminent Domain §§ 517, 518. Right of adjoining landowner to intervene in condemnation proceedings on ground that they might suffer consequential damage, 61 A.L.R.2d 1292. 29A C.J.S. Eminent Domain §§ 232, 398.
NM Stat § 42-2-11 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 2 - Special Alternative Condemnation Procedure|Section 42-2-11 - Election of trial by court or jury.

Any party desiring to try the cause before a jury, shall make demand and deposit jury fees pursuant to Rule 38, Rules of Civil Procedure [Rule 1-038 NMRA], and any other applicable rules of civil procedure. The court with or without a jury may separately try the case involving each tract of land affected which is under different ownership, or separate tracts under the same ownership. History: 1953 Comp., § 22-9-48, enacted by Laws 1959, ch. 324, § 10; 1967, ch. 207, § 3. ANNOTATIONSDemand for jury by one defendant not demand for others. — In an eminent domain proceeding, the property interests of one condemnee are a claim separate from another. Therefore, each party who waives trial by jury shall be tried by the court separately (or together, unless severance is ordered) and a demand for jury trial made by certain defendants does not act as a demand for other defendants. El Paso Elec. v. Real Estate Mart, Inc., 1982-NMCA-101, 98 N.M. 490, 650 P.2d 12, cert. denied, 98 N.M. 590, 651 P.2d 636. Am. Jur. 2d, A.L.R. and C.J.S. references. — 27 Am. Jur. 2d Eminent Domain §§ 558 et seq., 897, 898. Right to have view by jury in condemnation proceedings, 77 A.L.R.2d 548. 29A C.J.S. Eminent Domain §§ 290, 292.
NM Stat § 42-2-12 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 2 - Special Alternative Condemnation Procedure|Section 42-2-12 - Time of trial.

A. The court, upon notice by petitioner that the time for an answer has expired as to all defendants served either personally or by publication, shall forthwith set the cause for trial giving the cause preference over all other civil causes in which the public interest is not involved. B. The court upon such notice shall immediately impanel a special jury, if necessary, in the county in which the cause is to be tried for the sole purpose of trying said cause, unless the court in its discretion desires in the furtherance of justice to allow other matters to be tried before it at that time. History: 1953 Comp., § 22-9-49, enacted by Laws 1959, ch. 324, § 11.
NM Stat § 42-2-13 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 2 - Special Alternative Condemnation Procedure|Section 42-2-13 - Argument.

In any condemnation action brought under the provisions of this act [42-2-1 to 42-2-16 NMSA 1978], the defendant shall have the burden of proceeding and the right to commence and conclude the argument. History: 1953 Comp., § 22-9-50, enacted by Laws 1959, ch. 324, § 12. ANNOTATIONSLessee bears burden in suit to apportion award. — Since, in eminent domain proceedings, the owner has the burden of establishing his damages and must open and close the evidence as well as the arguments, the burden was on lessee of condemned property to establish her damages in suit to apportion condemnation award between lessee and fee owner. State ex rel. State Hwy. Comm'n v. Sherman, 1971-NMSC-009, 82 N.M. 316, 481 P.2d 104. Am. Jur. 2d, A.L.R. and C.J.S. references. — Admissibility, and effect of admission, in condemnation proceedings of plans and specifications as regards the work to be done on, or the particular use to be made of, the land in question, 89 A.L.R. 879. Admissibility, in eminent domain proceeding, of evidence as to price paid for condemned real property during pendency of the proceeding, 55 A.L.R.2d 781. How to obtain jury trial in eminent domain: waiver, 12 A.L.R.3d 7. Propriety and effect, in eminent domain proceeding, of argument or evidence as to landowner's unwillingness to sell property, 17 A.L.R.3d 1449. Propriety and effect, in eminent domain proceeding, of argument or evidence as to source of funds to pay for property, 19 A.L.R.3d 694. Propriety and effect, in eminent domain proceeding, of instruction to the jury as to landowner's unwillingness to sell property, 20 A.L.R.3d 1081. Propriety and effect of argument or evidence as to financial status of parties in eminent domain proceeding, 21 A.L.R.3d 936. Admissibility, on issue of value of condemned real property, of rental value of other real property, 23 A.L.R.3d 724. Admissibility of photographs or models of property condemned, 23 A.L.R.3d 825. Admissibility of evidence of proposed or possible subdivision or platting of condemned land on issue of value in eminent domain proceedings, 26 A.L.R.3d 780. Admissibility of testimony of expert, as to basis of his opinion, to matters otherwise excludible as hearsay - state cases, 89 A.L.R.4th 456.
NM Stat § 42-2-14 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 2 - Special Alternative Condemnation Procedure|Section 42-2-14 - Default.

A. If any defendant who has appeared in the cause shall fail to appear at the time set for trial, whether such trial be set before the court with or without a jury, the court shall direct that his default be entered and shall conduct such hearings as it deems necessary and proper to determine the amount of just compensation due to the defendant. B. If any defendant has failed to appear or answer within the time allowed, and the clerk has entered his default, then the court shall conduct such hearings as it deems necessary and proper to determine the amount of just compensation due the defendant. C. For the purpose of the hearing required in Subsection [Subsections] A and B above, the court may consider by affidavit or other proof of the value of the property taken, the damage, if any, which may result from the occupation and condemnation, and the amount offered as set forth in the petition and shall enter such judgment as it deems proper. History: 1953 Comp., § 22-9-51, enacted by Laws 1959, ch. 324, § 13. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Section complies with constitutional standards. — This section contemplates that after entry of default by the clerk, the court shall conduct a hearing and determine the amount of just compensation due a condemnee. This is in recognition of N.M. Const., art. II, §§ 18 and 20. Board of Cnty. Comm'rs v. Boyd, 1962-NMSC-090, 70 N.M. 254, 372 P.2d 828. Civil rule applies to section. — Rule 1-055 B NMRA is applicable to entry of default in eminent domain proceedings filed under "special alternative procedure," and failure to give required notice requires an appellate court to reverse a default judgment. Board of Cnty. Comm'rs v. Boyd, 1962-NMSC-090, 70 N.M. 254, 372 P.2d 828.
NM Stat § 42-2-16 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 2 - Special Alternative Condemnation Procedure|Section 42-2-16 - Proof of payment; recording judgment.

After the petitioner 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 thereon. A copy of this judgment showing payment shall be recorded in the office of the county clerk of the county in which the property is situate, and thereupon the title or interest in the property affected shall vest in the petitioner. History: 1953 Comp., § 22-9-53, enacted by Laws 1959, ch. 324, § 15; 1961, ch. 75, § 1. ANNOTATIONSEmergency clauses. — Laws 1961, ch. 75, § 2 contained an emergency clause and was approved March 8, 1961. Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Eminent Domain § 138 et seq.; 27 Am. Jur. 2d Eminent Domain §§ 288 et seq., 719 et seq. 29A C.J.S. Eminent Domain §§ 178, 179, 183, 343.
NM Stat § 42-2-17 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 2 - Special Alternative Condemnation Procedure|Section 42-2-17 - Purpose of act.

The purpose of this act [42-2-17 to 42-2-21 NMSA 1978] is to clarify certain matters of practice and procedure in the special alternative procedure in eminent domain. History: 1953 Comp., § 22-9-55, enacted by Laws 1963, ch. 248, § 1.
NM Stat § 42-2-18 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 2 - Special Alternative Condemnation Procedure|Section 42-2-18 - Application of Rules of Civil Procedure.

The Rules of Civil Procedure shall apply to the special alternative procedure in eminent domain except where special provisions are found in the special alternative procedure which conflict with the Rules of Civil Procedure and then the Rules of Civil Procedure shall not apply. History: 1953 Comp., § 22-9-56, enacted by Laws 1963, ch. 248, § 2. ANNOTATIONSRule and section similar in effect. — There is no material difference in the effect of Rule 1-001 NMRA and this section. Both provide that the Rules of Civil Procedure shall apply to eminent domain proceedings except where there are inconsistent rules or statutory provisions. State ex rel. State Hwy. Comm'n v. Burks, 1968-NMSC-121, 79 N.M. 373, 443 P.2d 866. Depositions and discovery by defendant permitted. — Trial court did not err in authorizing defendants to propound interrogatories, obtain production of documents and take a deposition based thereon under the statute. State ex rel. State Hwy. Dep't v. Fox Trailer Court, 1971-NMSC-097, 83 N.M. 178, 489 P.2d 1176. Rules for dismissal of actions is applicable to highway condemnation proceeding. State ex rel. State Hwy. Comm'n v. Burks, 1968-NMSC-121, 79 N.M. 373, 443 P.2d 866.