reglab/housing_qa huggingface dataset:
NM Stat § 42-2-19 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 2 - Special Alternative Condemnation Procedure|Section 42-2-19 - Disqualification of judge; effect.

A. Whenever a party or parties to any special alternative proceeding in eminent domain shall make and file an affidavit that the judge before whom the proceeding is pending, whether he be the resident judge or a judge designated by such resident judge, cannot, according to the belief of the party to said proceeding making such affidavit, preside over the same with impartiality, such affidavit shall operate as an automatic severance of the proceedings as to all tracts in which the disqualifying party or parties has an interest. Nothing herein shall be construed to authorize separate trials of different interests in the same tract. Another judge shall be designated for the trial of the proceeding as to the severed portion thereof by agreement of counsel representing the respective parties. Upon the failure of such counsel to agree, then such facts shall be certified to the chief justice of the supreme court of New Mexico, and the chief justice shall thereupon designate the judge to try the severed portion of such proceeding. B. Such affidavit shall be filed within the time allowed for filing objections to the preliminary order of entry and not thereafter. History: 1953 Comp., § 22-9-57, enacted by Laws 1963, ch. 248, § 3.
NM Stat § 42-2-20 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 2 - Special Alternative Condemnation Procedure|Section 42-2-20 - Waiver of bond.

The surety bond required to be executed and filed by petitioner to the benefit of the defendants under Section 42-2-6B NMSA 1978 of the special alternative procedure in eminent domain may be waived by the court in its discretion. History: 1953 Comp., § 22-9-58, enacted by Laws 1963, ch. 248, § 4.
NM Stat § 42-2-21 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 2 - Special Alternative Condemnation Procedure|Section 42-2-21 - Costs.

If the total amount of the final judgment exceeds the total amount offered by petitioner, excluding interest, for the tract or tracts for which the judgment is rendered, the petitioner shall bear all taxable costs or fees as in any other action or proceeding. History: 1953 Comp., § 22-9-59, enacted by Laws 1963, ch. 248, § 5. ANNOTATIONSSection differs materially and substantially from Section 42-1-8 NMSA 1978. State ex rel. State Hwy. Comm'n v. Chavez, 80 N.M. 394, 456 P.2d 868 (1969) (decided, now repealed, under prior law).
NM Stat § 42-2-22 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 2 - Special Alternative Condemnation Procedure|Section 42-2-22 - [Flood control; appropriation of land; compensation for immediate use.]

The state or any political subdivision thereof, may also use the special alternative procedure in eminent domain set forth in Sections 42-2-1 through 42-2-21 NMSA 1978 (being Laws 1959, Chapter 324, Sections 1 through 16 and Laws 1963, Chapter 248, Sections 1 through 5) to the extent it is otherwise authorized by law to exercise the power of eminent domain to acquire, either temporarily or permanently, public or privately owned lands, real property or any interests therein for the acquisition, construction, operation or maintenance of facilities for the carrying, channeling, impounding or disposition of storm, flood or surface drainage waters. Provided, however, that no order of entry to any property being taken under the special alternative procedure for the acquisition, construction, operation and maintenance of facilities for the carrying, channeling, impounding or disposition of storm, flood or surface drainage waters may be granted until there is deposited with the clerk of the district court a warrant for seventy-five percent of the amount offered as just compensation for the immediate use, under such conditions as the court may deem appropriate, of all persons having an estate or interest in such property, and the final judgment shall not include interest from the date of such deposit on the amount of such advance payment. History: 1953 Comp., § 22-9-61, enacted by Laws 1964 (1st S.S.), ch. 14, § 2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — Laws 1959, ch. 324, § 16, compiled as 27-9-54, 1953 Comp., referred to in the first paragraph of this section, was repealed by Laws 1966, ch. 65, § 16. Emergency clauses. — Laws 1964 (S.S.), ch. 14, § 4 contained an emergency clause and was approved March 2, 1964. Severability. — Laws 1964 (S.S.), ch. 14, § 3 provided for the severability of the act if any part or application thereof was held invalid. Cross references. — For right of eminent domain under Arroyo Flood Control Act, see 72-16-2C and 72-16-20C NMSA 1978. For right of eminent domain under Las Cruces Arroyo Flood Control Act, see 72-17-2C and 72-17-20C NMSA 1978.
NM Stat § 42-2-23 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 2 - Special Alternative Condemnation Procedure|Section 42-2-23 - Condemnation of property in excess of need; sale to prior owner; price.

In the event the state, a state agency or other entity condemns property in excess of the dimensions or amount necessary for public use, as determined by the condemnor, if such determination occurs within five years of the date of condemnation, the prior owner from whom the property was taken, or his personal representative or heirs, shall have the option to purchase the property determined to be in excess. Such persons may purchase such property at a price equal to the price paid for such excess property by the condemnor to the prior owner at the time of taking, plus interest at the rate of six percent per year, for the period beginning with the date the prior owner received final payment for the land taken, and ending when the notice of intent to dispose is mailed, less the amount of any liens which attached against the property while it was held by the condemnor. The notice of intent to dispose shall be mailed to the last known address of the prior owner by certified mail with a return receipt requested. The notice shall notify the prior owner of his right to purchase, specify which portion of the property of the prior owner is available for purchase by him, the number of acres available, the amount of money, both the principal and interest it will require to repurchase it and the amount of any liens which may be deducted from the purchase price. If within thirty days after mailing the notice of intent to dispose, the prior owner or his personal representative or heirs elect to exercise the option to purchase, the condemnor shall enter into an agreement prepared and approved by the attorney general, if the condemnor is a state agency, and by appropriate legal officer of the entity if the condemnor is an entity other than a state agency for the sale of the surplus land to the prior owner, his personal representative or heirs. If the prior owner, his personal representative or heirs have not elected to exercise the option within thirty days from the date of mailing the notice of intent to dispose, the condemnor shall sell the property at public sale. History: 1953 Comp., § 22-9-62, enacted by Laws 1967, ch. 206, § 1; 1981, ch. 126, § 1. ANNOTATIONSThe 1981 amendment, effective March 21, 1981, deleted "and if such excess property exceeds one acre in size" preceding "the prior owner" near the middle of the first sentence of the first undesignated paragraph, substituted "the" for "an" preceding "option" near the end of the first sentence of the first undesignated paragraph and substituted "last known" for "last-known" in the first sentence of the second undesignated paragraph.
NM Stat § 42-2-24 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 2 - Special Alternative Condemnation Procedure|Section 42-2-24 - Exclusion of certain property.

This act [42-2-23, 42-2-24 NMSA 1978] shall not apply to any land which at the time of condemnation was wholly within the boundary of an incorporated municipality. History: 1953 Comp., § 22-9-67, enacted by Laws 1967, ch. 206, § 6.
NM Stat § 42-3-1 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 3 - Relocation Assistance|Section 42-3-1 - Short title.

Chapter 42, Article 3 NMSA 1978 may be cited as the "Relocation Assistance Act". History: 1953 Comp., § 22-9A-1, enacted by Laws 1972, ch. 41, § 1; 1989, ch. 121, § 1. ANNOTATIONSCross references. — For relocation of municipally owned facilities, see 67-8-21 NMSA 1978. The 1989 amendment, effective March 30, 1989, substituted "Chapter 42, Article 3 NMSA 1978" for "This act". Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity, construction, and application of state relocation assistance laws, 49 A.L.R.4th 491.
NM Stat § 42-3-3 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 3 - Relocation Assistance|Section 42-3-3 - Relocation program.

The displacing agency, as a part of the cost of a program or project, may establish and provide for a program providing fair and reasonable relocation and other payments for persons displaced by a program or project and to carry out relocation assistance programs for displaced persons. History: 1953 Comp., § 22-9A-4, enacted by Laws 1972, ch. 41, § 4; 1989, ch. 121, § 3. ANNOTATIONSThe 1989 amendment, effective March 30, 1989, inserted "displacing" near the beginning of the section. Am. Jur. 2d, A.L.R. and C.J.S. references. — 27 Am. Jur. 2d §§ 391, 392, 406; 39 Am. Jur. 2d Highways, Streets, and Bridges §§ 19, 131, 277. 29A C.J.S. Eminent Domain §§ 101, 102, 131, 132, 152, 153.
NM Stat § 42-3-4 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 3 - Relocation Assistance|Section 42-3-4 - Administration.

In order to prevent unnecessary expense and duplication of functions and to promote uniform and effective administration of relocation assistance programs for displaced persons, any displacing agency may make relocation payments, provide relocation assistance or otherwise carry out the provisions of the Relocation Assistance Act by entering into an agreement to utilize the facilities, personnel and services of any agency having an established organization for conducting relocation assistance programs. History: 1953 Comp., § 22-9A-5, enacted by Laws 1972, ch. 41, § 5; 1989, ch. 121, § 4. ANNOTATIONSThe 1989 amendment, effective March 30, 1989, inserted "displacing" near the beginning of the section, and deleted "federal, state or local governmental" preceding "agency" near the end of the section.
NM Stat § 42-3-7 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 3 - Relocation Assistance|Section 42-3-7 - Additional payment to tenant.

A. In addition to amounts otherwise authorized by the Relocation Assistance Act, the displacing agency shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under Section 42-3-6 NMSA 1978 when that dwelling was actually and lawfully occupied by the displaced person for not less than ninety days immediately prior to the initiation of negotiations for acquisition of the dwelling or in any case in which the displacement is a direct result of acquisition or other event as the displacing agency shall prescribe. B. The payment in Subsection A of this section shall consist of the amount necessary to enable the displaced person to lease or rent for a period not to exceed forty-two months a comparable replacement dwelling, but at no time shall this payment exceed seven thousand two hundred dollars ($7,200). At the discretion of the displacing agency, a payment under this subsection may be made in periodic installments. Computation of a payment under this subsection to a low-income displaced person for a comparable replacement dwelling shall take into account that person's income. C. Any person eligible for a payment under Subsection A of this section may elect to apply the payment to a down payment on, and other incidental expenses pursuant to, the purchase of a comparable replacement dwelling. That person may, at the discretion of the displacing agency, be eligible under this subsection for the maximum payment allowed under Subsection B of this section, except that, in the case of a displaced homeowner who has owned and occupied the displacement dwelling for at least ninety days immediately prior to the initiation of negotiations for the acquisition of the dwelling, this payment shall not exceed the payment the person would otherwise have received under Subsection A of Section 42-3-6 NMSA 1978 had the person owned and occupied the displacement dwelling ninety days immediately prior to the initiation of such negotiations. History: 1978 Comp., § 42-3-7, enacted by Laws 1989, ch. 121, § 7; 2015, ch. 136, § 3. ANNOTATIONSRepeals and reenactments. — Laws 1989, ch. 121, § 7 repealed former 42-3-7 NMSA 1978, as enacted by Laws 1972, ch. 41, § 8, relating to additional payment to tenant, and enacted a new section, effective March 30, 1989. The 2015 amendment, effective April 10, 2015, increased the amount authorized as an additional payment to a person displaced by an agency program or project when the person is not eligible for a payment under Section 42-3-6 NMSA 1978; in Subsection B, after "this payment exceed", deleted "five thousand two hundred fifty dollars ($5,250)" and added "seven thousand two hundred dollars ($7,200)"; and in Subsection C, after "Subsection B", deleted "of this section", after "ninety days", deleted "but not more than one hundred eighty days", and after "displacement dwelling", deleted "one hundred eighty" and added "ninety".
NM Stat § 42-3-8 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 3 - Relocation Assistance|Section 42-3-8 - Miscellaneous payments.

In addition to other payments authorized by the Relocation Assistance Act, the displacing agency, as part of the cost of any program or project, may reimburse reasonable and necessary expenses incurred for: A. recording fees, transfer taxes and other expenses incidental to conveying the property; B. penalty costs for prepayment of any mortgage then existing entered into in good faith encumbering the real property if the mortgage is on record or has been filed for record as provided by law; and C. the pro rata portion of real property taxes paid which are allocable to the period subsequent to the date of vesting of title in the displacing agency or the effective date of the possession of the real property by the displacing agency, whichever is earlier. History: 1953 Comp., § 22-9A-9, enacted by Laws 1972, ch. 41, § 9; 1989, ch. 121, § 8. ANNOTATIONSThe 1989 amendment, effective March 30, 1989, inserted "displacing" preceding "agency" throughout the section. Reimbursement provision valid. — Statutory provision for reimbursing property owner for pro rata portion or real property taxes is valid. 1973 Op. Att'y Gen. No. 73-37.
NM Stat § 42-3-9 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 3 - Relocation Assistance|Section 42-3-9 - Reimbursement for expenses where condemnation does not result in acquisition or is abandoned.

A court having jurisdiction over a proceeding instituted by the displacing agency to acquire real property by condemnation shall, when required by federal law or by a federal grant contract governing the project or program, award the owner of any right, title or interest in the real property a sum which will reimburse the owner for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees actually incurred because of the condemnation proceedings, if: A. the final judgment in the proceeding is that the displacing agency cannot acquire the real property by condemnation; or B. the proceeding is abandoned by the displacing agency. History: 1953 Comp., § 22-9A-10, enacted by Laws 1972, ch. 41, § 10; 1989, ch. 121, § 9. ANNOTATIONSThe 1989 amendment, effective March 30, 1989, inserted "displacing" preceding "agency" throughout the section.
NM Stat § 42-3-10 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 3 - Relocation Assistance|Section 42-3-10 - Compensation for expenses of inverse condemnation.

A court, rendering a judgment for the plaintiff in a proceeding brought under Section 42A-1-29 NMSA 1978 awarding compensation for the actual physical taking of the property by the displacing agency, or the agency effecting a settlement of any such proceeding, shall, when required by federal law or by a federal grant contract governing the project or program, determine and award or allow to the plaintiff as a part of the judgment or settlement a sum which will reimburse the plaintiff for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees actually incurred because of the proceeding. History: 1953 Comp., § 22-9A-11, enacted by Laws 1972, ch. 41, § 11; 1989, ch. 121, § 10. ANNOTATIONSThe 1989 amendment, effective March 30, 1989, substituted "Section 42A-1-29 NMSA 1978" for "Section 22-9-22 NMSA 1953" and inserted "displacing" preceding "agency".
NM Stat § 42-3-12 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 3 - Relocation Assistance|Section 42-3-12 - Housing replacement as a last resort.

A. If a project cannot proceed to actual construction because comparable replacement sale or rental housing is not available and the displacing agency determines that the housing cannot otherwise be made available, the displacing agency may take action necessary or appropriate to provide the housing by use of funds authorized for the project. The displacing agency may use this section to exceed the maximum amounts which may be paid under the Relocation Assistance Act on a case-by-case basis for good cause as determined in accordance with such regulations as the agency or department shall issue. B. No person shall be required to move from his dwelling on account of any project unless the displacing agency is satisfied that a comparable replacement housing is available to the person. History: 1953 Comp., § 22-9A-13, enacted by Laws 1972, ch. 41, § 13; 1989, ch. 121, § 12. ANNOTATIONSThe 1989 amendment, effective March 30, 1989, substituted "displacing agency" for "agency" throughout the section; added the second paragraph of Subsection A; and substituted "a comparable replacement housing" for "replacement housing in accordance with Subsection C of Section 12" in Subsection B. State highway department may build required housing. — Any necessary action may be taken to provide housing by using funds authorized for the project. This does not necessarily mean that the state highway department must build the houses required, but as an absolutely last resort it could. 1973 Op. Att'y Gen. No. 73-47.
NM Stat § 42-3-13 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 3 - Relocation Assistance|Section 42-3-13 - Implementing regulations.

The displacing agency may adopt regulations that it deems necessary or appropriate to implement the provisions of the Relocation Assistance Act, including but not limited to regulations necessary to assure that: A. the payments and assistance authorized shall be administered in as fair, reasonable and uniform a manner as practicable; B. a displaced person who makes proper application for a payment authorized shall be paid promptly after a move or, in hardship cases, be paid in advance; and C. any person aggrieved by a determination as to eligibility for relocation payments or the amount of payment under that act may have his application reviewed at a formal hearing before the head of the displacing agency or a hearing officer designated by the head of the displacing agency. History: 1953 Comp., § 22-9A-14, enacted by Laws 1972, ch. 41, § 14; 1989, ch. 121, § 13. ANNOTATIONSThe 1989 amendment, effective March 30, 1989, inserted "displacing" in the undesignated introductory paragraph; inserted "a" in Subsection A; and in Subsection C substituted "that act" for "this act", and twice substituted "displacing" for "acquiring".
NM Stat § 42-3-14 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 3 - Relocation Assistance|Section 42-3-14 - Administrative hearings; court review.

A. A person aggrieved by a determination as to eligibility for relocation payments or the amount of payment received under the Relocation Assistance Act shall have the right to a hearing before the displacing agency or before a hearing officer designated by the displacing agency. B. After the hearing, a person aggrieved or affected by a final administrative determination concerning eligibility for relocation payments or the amount of the payment under the Relocation Assistance Act may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: 1953 Comp., § 22-9A-15, enacted by Laws 1972, ch. 41, § 15; 1989, ch. 121, § 14; 1998, ch. 55, § 45; 1999, ch. 265, § 47. ANNOTATIONSCross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA. The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection B. The 1998 amendment, effective September 1, 1998, substituted "A person" for "Any persons" in Subsection A, rewrote Subsection B and deleted Subsection C. The 1989 amendment, effective March 30, 1989, inserted "displacing" preceding "agency" throughout the section; made minor stylistic changes in the introductory paragraph of Subsection B; and substituted "by filing a notice of appeal in the district court within thirty days of the date of mailing" for "within thirty days of the day of the mailing" in Subsection B(2).
NM Stat § 42-3-15 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 3 - Relocation Assistance|Section 42-3-15 - Contingent authority of act.

The provisions of the Relocation Assistance Act are effective so long as the congress of the United States authorizes and appropriates money for the payments and services set forth in Section 211 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 for federal aid programs, that act providing for federal reimbursement of the payments and services arising out of relocation assistance as a part of the cost of construction of a project under any federal aid program. History: 1953 Comp., § 22-9A-16, enacted by Laws 1972, ch. 41, § 16; 1989, ch. 121, § 15. ANNOTATIONSCross references. — For powers of municipalities, see 3-60-26 and 3-60A-10 NMSA 1978. For Section 211 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, see 42 U.S.C. § 4631. The 1989 amendment, effective March 30, 1989, substituted "that act" for "said act" near the middle of the section.