reglab/housing_qa huggingface dataset:
NM Stat § 42-10-7 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 10 - Exemptions|Section 42-10-7 - Taxes and garnishment excepted.

This article is not applicable to taxes or garnishment. History: 1953 Comp., § 24-5-7, enacted by Laws 1971, ch. 215, § 4. ANNOTATIONSRepeals and reenactments. — Laws 1971, ch. 215, § 4, repealed 24-5-7, 1953 Comp., relating to exemptions for head of family engaged in law practice, and enacted a new section. Am. Jur. 2d, A.L.R. and C.J.S. references. — Family allowance from decedent's estate as exempt from attachment, garnishment, execution, and foreclosure, 27 A.L.R.3d 863.
NM Stat § 42-10-8 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 10 - Exemptions|Section 42-10-8 - Repealed.

ANNOTATIONSRepeals. — Laws 1979, ch. 182, § 5, repealed 42-10-8 NMSA 1978, relating to the filing of claims of exemptions.
NM Stat § 42-10-11 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 10 - Exemptions|Section 42-10-11 - When homestead exemption does not apply.

The provisions of this article [42-10-9 to 42-10-12 NMSA 1978] do not apply or extend to taxes, garnishment, recorded liens of mortgagees or lessors or recorded liens of laborers or materialmen for labor or materials furnished for the construction or repair of the dwelling house. History: 1953 Comp., § 24-6-3, enacted by Laws 1971, ch. 215, § 8. ANNOTATIONSRepeals and reenactments. — Laws 1971, ch. 215, § 8, repealed 24-6-3, 1953 Comp., relating to exemption of decedent's realty, and enacted a new section. Law reviews. — For article, "The Perils of Intestate Succession in New Mexico and Related Will Problems," see 7 Nat. Resources J. 555 (1967). For comment, "A Comparison of State and Federal Exemptions: 11 U.S.C. § 101-1330 (Supp. II 1978)", see 10 N.M.L. Rev. 431 (1980).
NM Stat § 42-10-12 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 10 - Exemptions|Section 42-10-12 - Repealed.

ANNOTATIONSRepeals. — Laws 1979, ch. 182, § 5, repealed 42-10-12 NMSA 1978, relating to filing homestead exemption claims.
NM Stat § 42-10-13 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 10 - Exemptions|Section 42-10-13 - Claim of exemption or priority.

Any person desiring to claim that property is exempt from execution or is subject to execution only after other property is used to satisfy a debt under the provisions of Sections 40-3-10 and 40-3-11 NMSA 1978 shall file his claim of exemption or priority in the appropriate court, or the right to claim such exemption is waived as between a spouse and the creditor. History: 1953 Comp., § 24-7-1, enacted by Laws 1975, ch. 246, § 1. ANNOTATIONSCross references. — For rules governing garnishment and writs of execution in the district, magistrate, and metropolitan courts, see Rules 1-065.1, 2-801, and 3-801 NMRA, respectively. For form for claim of exemptions on executions, see Rule 4-803 NMRA. For form for order on claim of exemption and order to pay in execution proceedings, see Rule 4-804 NMRA. For form for application for writ of garnishment and affidavit, see Rule 4-805 NMRA. For form for notice of right to claim exemptions from execution, see Rule 4-808A NMRA. For form for claim of exemption from garnishment, see Rule 4-809 NMRA. Constitutionality. — The postjudgment execution statutes are unconstitutional as not providing adequate notice of allowable exemptions and the right to a hearing. Aacen v. San Juan Cnty. Sheriff's Dep't, 944 F.2d 691 (10th Cir. 1991).
NM Stat § 42-13-1 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 13 - Equine Liability|Section 42-13-1 - Short title.

This act [42-13-1 NMSA 1978] may be cited as the "Equine Liability Act". History: Laws 1993, ch. 117, § 1. ANNOTATIONSCross references. — For prohibition on unlawful tripping of a horse, see 30-18-11 NMSA 1978. Effective dates. — Laws 1993, ch. 117 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature.
NM Stat § 42-13-2 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 13 - Equine Liability|Section 42-13-2 - Legislative purpose and findings.

The legislature recognizes that persons who participate in or observe equine activities may incur injuries as a result of the numerous inherent risks involved in such activities. The legislature also finds that the state and its citizens derive numerous personal and economic benefits from such activities. It is the purpose of the legislature to encourage owners, trainers, operators and promoters to sponsor or engage in equine activities by providing that no person shall recover for injuries resulting from the risks related to the behavior of equine animals while engaged in any equine activities. History: Laws 1993, ch. 117, § 2. ANNOTATIONSEffective dates. — Laws 1993, ch. 117 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature. Purpose of Act. — The Equine Liability Act was written to balance the sometimes competing interests of equine operators and their patrons. Berlangieri v. Running Elk Corp., 2003-NMSC-024, 134 N.M. 341, 76 P.3d 1098. Liability releases disallowed. — The policy generally expressed in the Equine Liability Act and other factors trigger the public policy exception to the general rule that liability releases for negligence are enforceable. Berlangieri v. Running Elk Corp., 2003-NMSC-024, 134 N.M. 341, 76 P.3d 1098. Disallowing liability releases for negligence furthers the purposes of the Equine Liability Act as expressed in this section. Berlangieri v. Running Elk Corp., 2003-NMSC-024, 134 N.M. 341, 76 P.3d 1098.
NM Stat § 42-13-3 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 13 - Equine Liability|Section 42-13-3 - Definitions.

As used in the Equine Liability Act: A. "equine" means a llama, horse, pony, mule, donkey or hinny; B. "equine activities" means: (1) equine shows, fairs, competitions, rodeos, gymkhanas, performances or parades that involve any or all breeds of equines and any of the equine disciplines; (2) training or teaching activities; (3) boarding equines; (4) riding an equine belonging to another whether or not the owner has received some monetary consideration or other thing of equivalent value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect or evaluate the equine; (5) rides, shows, clinics, trips, hunts or other equine occasions of any type, however informal or impromptu, connected with any equine or nonequine group or club; and (6) equine racing; C. "behavior of equine animals" means the propensity of an equine animal to kick, bite, shy, buck, stumble, bolt, rear, trample, be unpredictable or collide with other animals, objects or persons; D. "llama" means a South American camelid that is an animal of the genus lama, including llamas, alpacas, guanacos and vicunas; and E. "rider" means a person, whether amateur or professional, who is engaged in an equine activity. History: Laws 1993, ch. 117, § 3; 1995, ch. 193, § 1. ANNOTATIONSThe 1995 amendment, effective June 16, 1995, inserted "llama" in Subsection A, substituted "gymkhanas" for "gymkhana" in Subsection B, deleted "and" at the end of Subsection C, added Subsection D, and redesignated former Subsection D as Subsection E.
NM Stat § 42-13-5 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 13 - Equine Liability|Section 42-13-5 - Posting of notice.

Operators, owners, trainers and promoters of equine activities or equine facilities, including but not limited to stables, clubhouses, ponyride strings, fairs and arenas, and persons engaged in instructing or renting equine animals shall post clearly visible signs at one or more prominent locations that shall include a warning regarding the inherent risks of the equine activity and the limitations on liability of the operator, owner, trainer or promoter. History: Laws 1993, ch. 117, § 5. ANNOTATIONSEffective dates. — Laws 1993, ch. 117 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature.
NM Stat § 42A-1-3 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 1 - General Provisions|Section 42A-1-3 - Agreement.

At any time before or after commencement of a condemnation action, the parties may agree to and carry out a compromise or settlement as to any matter, including all or any part of the compensation or other relief. History: 1978 Comp., § 42A-1-1, enacted by Laws 1980, ch. 20, § 3; recompiled as § 42A-1-3 by Laws 1981, ch. 125, § 1. ANNOTATIONSRecompilations. — Laws 1981, ch. 125, § 60, recompiled former 42A-1-3 NMSA 1978, relating to appraisals, as 42A-1-5 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Valuation of mineral interests in federal condemnation proceedings, 40 A.L.R. Fed. 656.
NM Stat § 42A-1-4 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 1 - General Provisions|Section 42A-1-4 - Negotiation; other appraisals.

A. A condemnor shall make reasonable and diligent efforts to acquire property by negotiation. B. Unless prohibited by federal law, if the condemnor or condemnee has had prepared appraisals for the property, he shall make such appraisals available to the other party during the negotiation period. History: 1978 Comp., § 42A-1-2, enacted by Laws 1980, ch. 20, § 4; recompiled as § 42A-1-4 by Laws 1981, ch. 125, § 2. ANNOTATIONSRecompilations. — Laws 1981, ch. 125, § 3, recompiled former 42A-1-4 NMSA 1978, relating to preliminary efforts to purchase property, as 42A-1-6 NMSA 1978. Refusal to negotiate as affecting attorney's fees. — 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. Am. Jur. 2d, A.L.R. and C.J.S. references. — Sufficiency of condemnor's negotiations required as preliminary to taking in eminent domain, 21 A.L.R.4th 765.
NM Stat § 42A-1-5 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 1 - General Provisions|Section 42A-1-5 - Appraisal; offer.

A. If the parties are unable to negotiate a settlement, the condemnee may, within twenty-five days after written notice by the condemnor of its intent to file a condemnation action in district court, give written notice to the condemnor requesting an appraisal to determine the amount that would constitute just compensation for the taking of the condemnee's property and obtained from: (1) one appraiser appointed by the condemnor; (2) one appraiser appointed by the condemnee; and (3) one appraiser jointly appointed by the appraisers for the condemnor and the condemnee. B. The condemnee and condemnor shall appoint their respective appraisers within fifteen days after notice has been given by the condemnee to the condemnor pursuant to the provisions of Subsection A of this section and the third appraiser shall be jointly appointed within fifteen days thereafter. C. The appraisals shall be in writing and signed by the appraisers. The appraisers shall deliver copies to each party personally or by registered mail or certified mail, return receipt requested. D. The fees and expenses of the appraisers shall be paid by the appointing parties; provided however, the condemnee and condemnor shall share equally in paying the fees and expenses of the jointly appointed appraiser. E. After receiving a copy of the appraisals provided for pursuant to this section, the condemnor may establish an amount which it believes to be just compensation and may submit to the condemnee an offer to acquire the property for the full amount so established. If the condemnor tenders an offer pursuant to this section, the amount offered for the property shall not be less than the amount of compensation shown by the final common appraisal of the three appraisers or if all three appraisers do not agree, the offer shall not be less than the appraisal prepared by the condemnor's appraiser. The condemnee must reject or accept the offer made by the condemnor pursuant to this section within fifteen days after the offer is tendered. History: 1978 Comp., § 42A-1-3, enacted by Laws 1980, ch. 20, § 5; recompiled as § 42A-1-5 by Laws 1981, ch. 125, § 60. ANNOTATIONSRecompilations. — Laws 1981, ch. 125, § 4, recompiled former 42A-1-5 NMSA 1978, relating to the waiver of preliminary efforts to purchase, as 42A-1-7 NMSA 1978.
NM Stat § 42A-1-6 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 1 - General Provisions|Section 42A-1-6 - Preliminary efforts to purchase.

A. Except as provided in Sections 42A-1-7 and 42A-1-27 NMSA 1978, an action to condemn property may not be maintained over timely objection by the condemnee unless the condemnor made a good faith effort to acquire the property by purchase before commencing the action. B. An offer to purchase made in substantial compliance with Sections 42A-1-3 through 42A-1-4 NMSA 1978 is prima facie evidence of good faith under Subsection A of this section. History: 1978 Comp., § 42A-1-4, enacted by Laws 1980, ch. 20, § 6; amended and recompiled as § 42A-1-6 NMSA 1978 by Laws 1981, ch. 125, § 3. ANNOTATIONSRecompilations. — Laws 1981, ch. 125, § 60, recompiled former 42A-1-6 NMSA 1978, relating to entries for suitability studies, as 42A-1-8 NMSA 1978. The 1981 amendment substituted "Sections 42A-1-7 and 42A-1-27" for "Section 42A-1-5" in Subsection A, substituted "Sections 42A-1-3 through 42A-1-4" for "Sections 42A-1-1 through 42A-1-2" in Subsection B, and deleted the quotation marks surrounding "good faith" in Subsection B.
NM Stat § 42A-1-7 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 1 - General Provisions|Section 42A-1-7 - Purchase efforts waived or excused.

A condemnor's failure or inability to make reasonable and diligent efforts to acquire property by negotiation, make appraisals available pursuant to Subsection B of Section 42A-1-4 NMSA 1978 or appoint appraisers upon the request of the condemnee pursuant to Subsection A of Section 42A-1-5 NMSA 1978 does not bar the maintenance of a condemnation action in the manner authorized by law, notwithstanding timely objection, if : A. compliance is waived by written agreement between the condemnee and the condemnor; B. one or more of the condemnees of the property are unknown, cannot with reasonable diligence be contacted, are incapable of contracting and have no legal representative or own an interest which cannot be conveyed under the circumstances; C. due to conditions not caused by or under the control of the condemnor, there is a compelling need on the part of the condemnor to avoid the delay in commencing the action which compliance would require; D. the condemnee fails to provide any appraisals required pursuant to Subsection B of Section 42A-1-4 NMSA 1978; or E. the appraisers provided for pursuant to Section 42A-1-5 NMSA 1978 fail to submit the appraisals to the parties within thirty days from the date that the jointly appointed appraiser was appointed. History: 1978 Comp., § 42A-1-5, enacted by Laws 1980, ch. 20, § 7; amended and recompiled as § 42A-1-7 by Laws 1981, ch. 125, § 4. ANNOTATIONSRecompilations. — Laws 1981, ch. 125, § 5, recompiled former 42A-1-7 NMSA 1978, relating to orders permitting entry for suitability studies, as 42A-1-9 NMSA 1978. The 1981 amendment substituted "Section 42A-1-4" for "Section 42A-1-2" in the introductory paragraph and in Subsection D, substituted "Section 42A-1-5" for "Section 42A-1-3" in the introductory paragraph and in Subsection E and substituted "condemnees" for "owners" in Subsection B.
NM Stat § 42A-1-8 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 1 - General Provisions|Section 42A-1-8 - Entry for suitability studies.

A condemnor and its agents and employees may enter upon real property and make surveys, examinations, photographs, tests, soundings, borings and samplings, or engage in other activities for the purpose of appraising the property or determining whether it is suitable and within the power of the condemnor to take for public use, if the condemnor secures: A. the written consent of the owner and, if applicable, any other person known to be in actual physical occupancy of the property to enter upon the property and undertake such activities; or B. an order for entry from the court. History: 1978 Comp., § 42A-1-6, enacted by Laws 1980, ch. 20, § 8; recompiled as § 42A-1-8 by Laws 1981, ch. 125, § 60. ANNOTATIONSRecompilations. — Laws 1981, ch. 125, § 6, recompiled former 42A-1-8 NMSA 1978, relating to the deposit of probable compensation, as 42A-1-10 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Eminent domain: possibility of overcoming specific obstacles to contemplated use as element in determining existence of necessary public use, 22 A.L.R.4th 840.
NM Stat § 42A-1-9 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 1 - General Provisions|Section 42A-1-9 - Court order permitting entry for suitability studies.

A. If the condemnor is unable to secure the written consent of the condemnee pursuant to Section 42A-1-8 NMSA 1978 and, if applicable, any other person known to be in actual physical occupancy of the property, he may apply to the court in the county where the property to be entered is located for an order permitting entry. B. After notice by the condemnor to the condemnee and, if applicable, any other person known to be in actual physical occupancy of the property and unless good cause to the contrary is shown, the court shall make its order permitting and describing the purpose of the entry and setting forth a description of the property and the nature and scope of activities the court determines are reasonably necessary to accomplish the purposes of the proposed taking and authorized to be made upon the property. The order may include terms and conditions with respect to the time, place and manner of entry and authorized activities upon the property which will facilitate the purpose of the entry and minimize damage, hardship and burden, and may require a deposit pursuant to Section 42A-1-10 NMSA 1978. C. The condemnor shall have delivered any order issued by the court to the condemnee, if known and, if applicable, any other person known to be in actual occupancy of the property personally or by registered mail or certified mail, return receipt requested. History: 1978 Comp., § 42A-1-7, enacted by 1980, ch. 20, § 9; amended and recompiled as § 42A-1-9 by Laws 1981, ch. 125, § 5. ANNOTATIONSRecompilations. — Laws 1981, ch. 125, § 7, recompiled former 42A-1-9 NMSA 1978, relating to the modification of orders permitting suitability studies, as 42A-1-11 NMSA 1978. The 1981 amendment substituted "condemnee" for "owner" once in each subsection, substituted "Section 42A-1-8" for "Section 42A-1-6" in Subsection A, inserted "by the condemnor" in the first sentence of Subsection B and substituted "Section 42A-1-10" for "Section 42A-1-8" in the last sentence of Subsection B. Jurisdiction of proceedings. Because the 2000 amendment to Section 62-6-4A NMSA 1978 exempted generation and transmission cooperatives from the regulatory jurisdiction of the public regulatory commission, the district court had jurisdiction under N.M. Const. art. VI, § 13 to consider an application under this section by a generation and transmission cooperative to enter and survey land for condemnation suitability studies. Tri-State Generation & Transmission Ass'n. v. King, 2003-NMSC-029, 134 N.M. 467, 78 P.3d 1226.
NM Stat § 42A-1-10 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 1 - General Provisions|Section 42A-1-10 - Deposit of probable compensation.

A. An order permitting entry under Section 42A-1-9 NMSA 1978 shall include a determination by the court of the probable amount that will fairly compensate the condemnee and any other person in actual physical occupancy of the property for damages, if any, for physical injury to the property and for substantial interference with possession or use of the property found likely to be caused by the entry and activities authorized by the order, and may require the condemnor to deposit with the court before entry that amount or a surety bond in that amount from a surety acceptable to the court. B. If a deposit is required, such funds shall be deposited in an interest-bearing account at an institution acceptable to the court. Interest on such deposit shall accrue for the benefit of the condemnor. C. Any amount deposited shall be retained on deposit until released by the court. D. Surety bonds shall remain in effect until the surety is released by the court. History: 1978 Comp., § 42A-1-8, enacted by Laws 1980, ch. 20, § 10; amended and recompiled as § 42A-1-10 by Laws 1981, ch. 125, § 6. ANNOTATIONSRecompilations. — Laws 1981, ch. 125, § 8, recompiled former 42A-1-10 NMSA 1978, relating to the recovery of damages resulting from entries for suitability studies, as 42A-1-12 NMSA 1978. The 1981 amendment substituted "Section 42A-1-9" for "Section 42A-1-7" in Subsection A, substituted "condemnee" for "owner" in Subsection A, substituted "actual" for "lawful possession or" in Subsection A and substituted "court" for "courts" in the first sentence of Subsection B.
NM Stat § 42A-1-11 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 1 - General Provisions|Section 42A-1-11 - Modification of court order permitting suitability studies.

A. After notice and hearing, the court may modify an order made under Section 42A-1-9 NMSA 1978. B. If a deposit or surety bond is required or the amount required to be deposited or the amount of the surety bond is increased by an order of modification, the court shall specify the time within which the required amount must be deposited or the surety bond increased, and shall direct that any further entry or specified activities or studies under the order as modified be stayed until the required deposit or increase in the surety bond has been made. History: 1978 Comp., § 42A-1-9, enacted by Laws 1980, ch. 20, § 11; amended and recompiled as § 42A-1-11 by Laws 1981, ch. 125, § 7. ANNOTATIONSRecompilations. — Laws 1981, ch. 125, § 9, recompiled former 42A-1-11 NMSA 1978, relating to a limitation on the applicability of former Sections 42A-1-6 through 42A-1-10 NMSA 1978, as 42A-1-13 NMSA 1978. The 1981 amendment substituted "Section 42A-1-9" for "Section 42A-1-7" in Subsection A.
NM Stat § 42A-1-13 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 1 - General Provisions|Section 42A-1-13 - Entries exempt.

The provisions of Sections 42A-1-8 through 42A-1-12 NMSA 1978 apply only to entries for suitability studies made outside of the exterior boundaries of any municipality. History: 1978 Comp., § 42A-1-11, enacted by Laws 1980, ch. 20, § 13; amended and recompiled as § 42A-1-13 by Laws 1981, ch. 125, § 9. ANNOTATIONSRecompilations. — Laws 1981, ch. 125, § 11, recompiled former 42A-1-13 NMSA 1978, relating to the applicability of the Rules of Civil Procedure, as 42A-1-15 NMSA 1978. The 1981 amendment substituted "Sections 42A-1-8 through 42A-1-12" for "Sections 42A-1-6 through 42A-1-10."