reglab/housing_qa huggingface dataset:
NM Stat § 42A-2-4 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 2 - Public Utilities|Section 42A-2-4 - Jurisdiction of courts; joint use.

Except as provided in Section 62-1-4 NMSA 1978, the court shall have the power to regulate and determine the place and manner of making railroad connections and crossings, or of using in common use as provided in Section 42A-2-3 NMSA 1978. History: 1978 Comp., § 42A-2-4, enacted by Laws 1981, ch. 125, § 32. ANNOTATIONSSection invests court with right to determine railroad track crossings. — This law applies to electric as well as steam railroads, and invests the court with the right to determine and regulate 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; Atchison, T. & S.F. Ry. v. Citizens' Traction & Power Co., 1919-NMSC-031, 25 N.M. 345, 182 P. 871. Effect of railroad's making crossing under erroneous court decision. — Where a street railroad without right and contrary to law made a crossing over a railroad under the permission of an erroneous decision of the district court denying an injunction to prevent the construction of the crossing, which decision was later reversed by the supreme court, the railroad could by supplemental complaint pray for an order regulating and determining the place and manner of making the crossing, and the enjoyment of its common use, and for an injunction restraining the use of the crossing until defendant complies with the order of the court, and for the recovery of money for maintenance. 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 § 126; 27 Am. Jur. 2d Eminent Domain § 910 et seq. 29A C.J.S. Eminent Domain §§ 67, 196, 267.
NM Stat § 42A-3-2 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 3 - Public Uses|Section 42A-3-2 - Condemnation of property by state institutions.

If it is deemed necessary by the board of regents of a state educational institution enumerated in Article 12, Section 11 of the constitution of New Mexico or of [by] the governing bodies of other state institutions to condemn property for the public use of such institutions, the governing bodies may acquire in the name of the state title to the property in the manner provided in the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978]. History: 1978 Comp., § 42A-3-2, enacted by Laws 1981, ch. 125, § 34. ANNOTATIONSCompiler's notes. — Laws 1937, ch. 95, § 1, ratified and confirmed any and all deeds, grants and conveyances heretofore made by any city, town or village in this state to the state of New Mexico, conveying land or other property for the use of any institution of the state. Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Eminent Domain §§ 41, 68; 27 Am. Jur. 2d Eminent Domain § 474 et seq.
NM Stat § 42A-3-3 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 3 - Public Uses|Section 42A-3-3 - Street improvements; condemnation of ditch, canal or acequia by municipality; authorization[;] protest.

A. The governing body of any municipality may, when it is for the best interest of such municipality for the improvement, extension or widening of any street, alley or avenue in such municipality to do away with any ditch, canal or acequia lying within, upon or adjacent to any such street, alley or avenue or contemplated street, alley or avenue or within, upon, under or adjacent to any area necessary for the extension, widening or improvement of such alley, street or avenue, proceed with the condemnation of such ditch, canal or acequia as provided in the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978]. B. A sufficient defense to any condemnation action as provided in Subsection A of this section shall be a written protest signed by at least fifty percent of the persons, associations or corporations having a right to take water from the ditch, canal or acequia at or below the point at which it is to be condemned and whose rights are or may be affected by the condemnation action. C. The protest provided for pursuant to Subsection B of this section shall be presented to the court at the time fixed for the appointment of appraisers pursuant to the Eminent Domain Code. If, after a hearing, it appears that at least fifty percent of the persons having a right to take water from the ditch, canal or acequia at or below the point at which it is to be condemned, and whose rights are or may be affected by the condemnation action, have in good faith signed such protest, the condemnation petition shall be dismissed. History: 1978 Comp., § 42A-3-3, enacted by Laws 1981, ch. 125, § 35. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Effect of condemnation on existing sales contract. — Where property the subject of a sales contract was to be subsequently condemned by a city through the exercise of eminent domain, purchasers were not able to rescind the contract to convey real estate nor recover any amounts paid. Sapir v. Ewing, 1958-NMSC-004, 63 N.M. 401, 320 P.2d 751. Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Eminent Domain §§ 30, 37, 61, 72, 73, 83, 84, 95, 112, 136, 157, 158, 205 et seq.; 27 Am. Jur. 2d Eminent Domain §§ 388 et seq., 497 et seq., 872, 932, 936. 29A C.J.S. Eminent Domain §§ 30, 31, 41, 42, 52 to 56, 87, 89, 104, 200, 202, 207, 222, 232, 233, 245 to 247, 264 to 286.
NM Stat § 42A-4-1 (2021)
2021 New Mexico Statutes|Chapter 42A - Condemnation Proceedings|Article 4 - Spanish or Mexican Land Grants|Section 42A-4-1 - Spanish or Mexican land grants; parties defendant; commissioners' report.

A. If any part of a tract of land confirmed by special act of congress or by a decree of the court of private land claims as a Spanish or Mexican land grant, is sought to be condemned for any of the purposes provided for under the provisions of the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978], such condemnation proceedings may be conducted by making the unknown owners and the person to whom the grant was confirmed parties defendant, designating and describing them as they were designated and described in the act or decree of confirmation, and designating the heirs and successors of the confirmees as heirs and successors in title of the confirmees and giving the name of the grant. Proceedings shall be had as are provided for under the Eminent Domain Code. No condemnation proceedings shall be had under the provisions of this section except for the purposes authorized by law to persons authorized to exercise the right of eminent domain. B. Subsection A of this section shall not apply to condemnation of parts of tracts of land on which a final decree in a quiet title suit has been rendered. History: 1978 Comp., § 42A-4-1, enacted by Laws 1981, ch. 125, § 36. ANNOTATIONSCompiler's notes. — Although "commissioners' report" appears in the catchline, there is no text that corresponds to it in the section. Applicability. — Laws 1981, ch. 125, § 64, provides that the act applies only to condemnation actions commenced on or after July 1, 1981, and provided that in any condemnation action in which an appeal or a motion can modify or vacate the verdict or judgment, or to grant a new trial, was pending on July 1, 1981, the law applicable before July 1, 1981, governs the determination of the appeal or motion. Severability. — Laws 1981, ch. 125, § 63, provided for the severability of the act if any part or application thereof was held invalid.
NM Stat § 43-1-2 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 1 - Mental Health and Developmental Disabilities|Section 43-1-2 - Short title.

Chapter 43, Article 1 NMSA 1978 may be cited as the "Mental Health and Developmental Disabilities Code". History: 1953 Comp., § 34-2A-1, enacted by Laws 1977, ch. 279, § 1; 1989, ch. 128, § 2. ANNOTATIONSThe 1989 amendment, effective June 16, 1989, substituted "Chapter 43, Article 1 NMSA 1978" for "Sections 1 through 19 and 21 through 23 of this act". Assisted outpatient treatment ordinance preempted by state law. — The Mental Health and Developmental Disabilities Code, 43-1-1 NMSA 1978 et seq., and the Mental Health Care Treatment Decisions Act, 24-7B-1 NMSA 1978 et seq., create a comprehensive scheme governing the treatment of individuals with mental illness, with or without the consent of those individuals, which together preempt home-rule municipalities from enacting a separate ordinance regulating individuals with mental illness. Protection and Advocacy Sys. v. City of Albuquerque, 2008-NMCA-149, 145 N.M. 156, 195 P.3d 1, cert. denied, 2008-NMCERT-009, 145 N.M. 257, 196 P.3d 488.
NM Stat § 43-1-4 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 1 - Mental Health and Developmental Disabilities|Section 43-1-4 - Legal representation of clients.

A. Clients shall be represented by counsel at all proceedings under the code and shall be entitled to obtain advice of counsel at any time regarding their status under the code. B. The court shall appoint counsel to represent a client who has not retained counsel and is unable to do so. When appointing counsel, the court shall give preference to nonprofit organizations offering representation to persons with a mental illness or a developmental disability. A client shall be liable for the cost of legal representation unless the client is indigent. History: 1953 Comp., § 34-2A-3, enacted by Laws 1977, ch. 279, § 3; 1978, ch. 161, § 2; 2007, ch. 46, § 43. ANNOTATIONSCompiler's notes. — For the meaning of "code", see 43-1-3C and 43-1-2 NMSA 1978. The 2007 amendment, effective June 15, 2007, made non-substantive language changes. Attorney's fees for appointed counsel on appeal. — Upon a finding by the trial court that the client is indigent, an award of attorney's fees for the services of counsel on appeal is proper. State v. Clayton, 1981-NMCA-018, 95 N.M. 644, 625 P.2d 99. Law reviews. — For article, "Treating Children Under the New Mexico Mental Health and Developmental Disabilities Code," see 10 N.M.L. Rev. 279 (1980). Am. Jur. 2d, A.L.R. and C.J.S. references. — 53 Am. Jur. 2d Mentally Impaired Persons §§ 3, 24, 35 et seq. Right to counsel in insanity or incompetency adjudication proceedings, 87 A.L.R.2d 950. Right of party to have his attorney or physician, or a court reporter, present during his physical or mental examination by a court-appointed expert, 7 A.L.R.3d 881. Right to notice and hearing prior to revocation of conditional release status of mental patient, 29 A.L.R.4th 394. 57 C.J.S. Mental Health § 31.
NM Stat § 43-1-5 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 1 - Mental Health and Developmental Disabilities|Section 43-1-5 - Competence.

Neither the fact that a person has been accepted at or admitted to a hospital or institutional facility, nor the receiving of mental health or developmental disability treatment services, shall constitute a sufficient basis for a finding of incompetence or the denial of any right or benefit of whatever nature which he would have otherwise. History: 1953 Comp., § 34-2A-4, enacted by Laws 1977, ch. 279, § 4. ANNOTATIONSSection does not bar consideration of history of hospitalizations along with other evidence, in reaching a conclusion as to a patient's current condition. State v. Pernell, 1979-NMCA-008, 92 N.M. 490, 590 P.2d 638. Am. Jur. 2d, A.L.R. and C.J.S. references. — Admissibility and probative force on issue as to mental condition, of evidence that one had been adjudged incompetent or insane, or had been confined in insane asylum, 7 A.L.R. 568, 68 A.L.R. 1309.
NM Stat § 43-1-7 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 1 - Mental Health and Developmental Disabilities|Section 43-1-7 - Right to treatment.

Each resident client receiving mental health services shall have the right to prompt treatment pursuant to an individualized treatment plan and consistent with the least drastic means principle. History: 1953 Comp., § 34-2A-6, enacted by Laws 1977, ch. 279, § 6. ANNOTATIONSLaw reviews. — For article, "Treating Children Under the New Mexico Mental Health and Developmental Disabilities Code," see 10 N.M.L. Rev. 279 (1980).
NM Stat § 43-1-8 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 1 - Mental Health and Developmental Disabilities|Section 43-1-8 - Right to habilitation.

Each resident client receiving developmental disabilities services shall have the right to prompt habilitation services pursuant to an individualized habilitation plan and consistent with the least drastic means principle. History: 1953 Comp., § 34-2A-7, enacted by Laws 1977, ch. 279, § 7.
NM Stat § 43-1-14 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 1 - Mental Health and Developmental Disabilities|Section 43-1-14 - Voluntary admission to residential treatment or habilitation.

A. A person may voluntarily seek admission to residential treatment or habilitation. B. A guardian appointed under the Uniform Probate Code [Chapter 45 NMSA 1978], an agent or surrogate under the Uniform Health-Care Decisions Act [Chapter 24, Article 7A NMSA 1978] or an agent under the Mental Health Care Treatment Decisions Act [Chapter 24, Article 7B NMSA 1978] shall not consent to the admission of an individual to a mental health care facility. If a guardian has full power or limited power that includes medical or mental health treatment or, if the individual's written advance health-care directive or advance directive for mental health treatment expressly permits treatment in a mental health care facility, the guardian, agent or surrogate may present the person to a facility only for evaluation for admission pursuant to Subsection E of Section 43-1-10 NMSA 1978. C. Nothing in this section shall be construed as depriving voluntary clients of any right given to involuntary clients. D. A client voluntarily admitted to residential treatment or habilitation has the right to immediate discharge from the residential facility upon request, unless the director of the facility or a physician determines that the client requires continued confinement and meets the criteria for involuntary residential treatment or habilitation under the code. If the director or physician so determines, the director or physician shall, on the first business day following the client's request for release, request the district attorney to initiate commitment proceedings under the code. The client has a right to a hearing on the client's confinement within five days of the client's request for release. History: 1953 Comp., § 34-2A-13, enacted by Laws 1977, ch. 279, § 13; 1978, ch. 161, § 8; 2009, ch. 159, § 17. ANNOTATIONSCompiler's notes. — For the meaning of "code", see 43-1-3C and 43-1-2 NMSA 1978. The 2009 amendment, effective June 19, 2009, in Subsection A, at the beginning of the sentence, deleted "Consistent with the provisions of Section 34-2A-15 NMSA 1978, any"; and added Subsection B. Law reviews. — For article, "Treating Children Under the New Mexico Mental Health and Developmental Disabilities Code," see 10 N.M.L. Rev. 279 (1980). For comment, "Mental Health Law - Temporary Detention of 'Voluntary' Patients by Hospital Authorities: Due Process Issues," see 12 N.M.L. Rev. 791 (1982). Am. Jur. 2d, A.L.R. and C.J.S. references. — 53 Am. Jur. 2d Mentally Impaired Persons §§ 3, 5, 152.
NM Stat § 43-1-16 to 43-1-18 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 1 - Mental Health and Developmental Disabilities|Section 43-1-16 to 43-1-18 - Repealed.

ANNOTATIONSRepeals. — Laws 1993, ch. 77, § 234F repealed 43-1-16, 43-1-16.1 to 43-1-18 NMSA 1978, as amended by Laws 1989, ch. 128, § 9, enacted by Laws 1979, ch. 213, § 3, amended by Laws 1978, ch. 161, § 11, and enacted by Laws 1977, ch. 279, § 17, respectively, relating to treatment of minors and right to education, effective July 1, 1993. For provisions of former sections, see the 1992 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 32A-6-1 to 32A-6-21 NMSA 1978.
NM Stat § 43-1-20 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 1 - Mental Health and Developmental Disabilities|Section 43-1-20 - Special commissioner.

The court may conduct the proceedings required by this code, or may, by general or special order, appoint a special commissioner to do so. The special commissioner must be a licensed attorney. Upon conclusion of the hearing the special commissioner shall file his findings and recommendations with the court promptly. History: 1953 Comp., § 34-2A-19, enacted by Laws 1977, ch. 279, § 19. ANNOTATIONSCompiler's notes. — For the meaning of "code", see 43-1-3C and 43-1-2 NMSA 1978. Law reviews. — For article, "Treating Children Under the New Mexico Mental Health and Developmental Disabilities Code," see 10 N.M.L. Rev. 279 (1980).
NM Stat § 43-1-21 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 1 - Mental Health and Developmental Disabilities|Section 43-1-21 - Convalescent status; rehospitalization.

A. The head of a residential facility may release an improved involuntary client on convalescent status when he believes that such release is in the best interests of the client. Release on convalescent status shall include provisions for continuing responsibility to and of the hospital. Prior to the expiration of the client's commitment period, the director of the residential facility shall re-examine the facts relating to the commitment of the client on convalescent status and, if he determines that in view of the condition of the client, commitment is no longer appropriate he shall discharge the client. B. Prior to such discharge, the director of the residential facility from which the client is given convalescent status may at any time readmit the client. If there is reason to believe that the client requires rehospitalization, the director of the residential facility may issue an order for the immediate return of the client. Such an order, if not voluntarily complied with, shall, upon order by a judge of the district court of the county in which the client is resident or present, authorize any health or police officer to take the client into custody and transport him to the residential facility. History: 1953 Comp., § 34-2A-20, enacted by Laws 1977, ch. 279, § 21. ANNOTATIONSHospital maintains and has jurisdiction of every patient who is released as an improved patient on convalescent status as long as he is within the jurisdiction of the state of New Mexico, and, if said patient refuses to return when ordered by the hospital, the hospital, after having said order endorsed by the judge of the district court of the county in which the patient is resident or present, can compel the patient to return to the hospital, if he can be located. 1954 Op. Att'y Gen. No. 54-5901 (opinion rendered under former law). Until removed into another jurisdiction. — As soon as a patient removes himself from the jurisdiction of the state of New Mexico and goes into another jurisdiction, the hospital loses control and jurisdiction over the patient, for the reason that the board would not have any jurisdiction. 1954 Op. Att'y Gen. No. 54-5901 (opinion rendered under former law).
NM Stat § 43-1-22 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 1 - Mental Health and Developmental Disabilities|Section 43-1-22 - Transportation.

Whenever a proposed patient is to be committed to a residential mental health or developmental disability facility, or to be returned to such a facility during commitment, the court ordering the commitment or authorizing the return of the patient may direct the sheriff, the state police or other appropriate persons to furnish suitable transportation in order to effect such commitment or return, contacting the department for directions as to the destination of the patient. History: 1953 Comp., § 34-2A-21, enacted by Laws 1977, ch. 279, § 22.
NM Stat § 43-1-23 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 1 - Mental Health and Developmental Disabilities|Section 43-1-23 - Violation of clients' rights.

Any client who believes that his rights, as established by this code or by the constitution of the United States or of New Mexico, have been violated shall have a right to petition the court for redress. The client shall be represented by counsel. The court shall grant relief as is appropriate, subject to the provisions of the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978]. History: 1953 Comp., § 34-2A-22, enacted by Laws 1977, ch. 279, § 23; 1978, ch. 161, § 13. ANNOTATIONSCompiler's notes. — For the meaning of "this code", see 43-1-3C and 43-1-2 NMSA 1978.
NM Stat § 43-1-24 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 1 - Mental Health and Developmental Disabilities|Section 43-1-24 - Appeals; court of appeals.

Appeals taken pursuant to this code shall be taken to the court of appeals according to the rules of appellate procedure of the supreme court. History: 1953 Comp., § 34-2A-23, enacted by Laws 1978, ch. 161, § 14. ANNOTATIONSCompiler's notes. — For the meaning of "this code", see 43-1-3C and 43-1-2 NMSA 1978. Law reviews. — For article, "Treating Children Under the New Mexico Mental Health and Developmental Disabilities Code," see 10 N.M.L. Rev. 279 (1980).
NM Stat § 43-1-25 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 1 - Mental Health and Developmental Disabilities|Section 43-1-25 - Cost of care.

Clients who are indigent may receive care and treatment at state-operated facilities without charge. The governing authorities of such facilities may require payment for the cost of care and treatment from all others pursuant to established fee schedules based on ability to pay. History: 1953 Comp., § 34-2A-24, enacted by Laws 1978, ch. 161, § 15. ANNOTATIONSReimbursement from county under Indigent Hospital Claims Act. — Individuals committed to private or county-operated facilities under statutory involuntary commitment procedures are responsible for their hospital expenses, and eligible hospitals treating indigent patients may look to the applicable county for reimbursement under the Indigent Hospital Claims Act. 1989 Op. Att'y Gen. No. 89-35.
NM Stat § 43-1A-1 to 43-1A-12 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 1A - Developmental Disabilities Community Services (Recompiled.)|Section 43-1A-1 to 43-1A-12 - Recompiled.

ANNOTATIONSRecompilations. — Sections 43-1A-1 to 43-1A-12 NMSA 1978, as enacted by Laws 1984, Chapter 100, have been recompiled as 28-16-1 to 28-16-12 NMSA 1978. Sections 28-16-1 to 28-16-12 NMSA 1978 were repealed by Laws 1993, ch. 50, § 19. For present comparable provisions, see 28-16A-1 to 28-16A-18 NMSA 1978.
NM Stat § 43-1B-1 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 1B - Assisted Outpatient Treatment|Section 43-1B-1 - Short title.

Sections 1 through 14 [43-1B-1 to 43-1B-14 NMSA 1978] of this act may be cited as the "Assisted Outpatient Treatment Act". History: Laws 2016, ch. 84, § 1. ANNOTATIONSCompiler's notes. — Laws 2016, ch. 84, §§ 1 through 14 were originally enacted as new sections of the Mental Health and Developmental Disabilities Code, but were renumbered by the compiler. Repeals. — Laws 2020, ch. 44, § 3, effective May 20, 2020, repealed Laws 2016, ch. 84, § 17, which would have repealed §§ 43-1B-1 to 43-1B-14 NMSA 1978, effective July 1, 2021. Effective dates. — Laws 2016, ch. 84, § 18 made Laws 2016, ch. 84 effective July 1, 2016.