reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 14 - Right to Repair › Section 42-14-2 - Definitions.

As used in the Right to Repair Act:
A. "construction defect" means a deficiency in the construction of a dwelling that is the result of a failure to exercise that degree of skill a reasonably prudent person skilled in such work would exercise in such circumstances;
B. "construction professional" means a contractor or subcontractor performing the construction of a dwelling;
C. "dwelling" means a newly constructed single family housing unit designed for residential use. "Dwelling" includes the systems and other components and improvements that are part of a single family housing unit at the time of construction;
D. "dwelling action" means a complaint in court or the mechanism for dispute resolution in the construction contract between the purchaser and seller involving an alleged construction defect brought by a purchaser against the seller of a dwelling arising out of or related to the construction of the dwelling;
E. "purchaser" means a person or entity who was the original purchaser or subsequent owner of a dwelling;
F. "reasonable detail" includes all of the following:
(1) an itemized list that describes each alleged construction defect; and
(2) the street address of the dwelling where the alleged construction defect is observed and the location in the dwelling that is the subject of the notice; and
G. "seller" means the party responsible for construction of the dwelling.
History:
Laws 2023, ch. 200, § 2.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 200, § 4 made Laws 2023, ch. 200, § 2 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 42A - Condemnation Proceedings › Article 1 - General Provisions › Section 42A-1-2 - Definitions.

As used in the Eminent Domain Code, and unless the context otherwise requires:
A. "condemn" means to take or damage property under the power of eminent domain;
B. "condemnee" means a person who has or claims an interest in property that is the subject of a prospective or pending condemnation action;
C. "condemnor" means a person empowered by law to condemn;
D. "court" means a district court of this state and includes, when the context requires, any judge of that court;
E. "governmental entity" means the state or local public body;
F. "litigation expenses" includes all expenses reasonably and necessarily incurred in the condemnation proceeding including and subsequent to the filing of the petition, in preparing for trial, during trial and in any subsequent judicial proceedings including reasonable attorney's fees, appraisal fees and fees for the services of other experts where such fees were reasonably and necessarily incurred to protect the condemnee's interest in the proceeding, in preparing for trial, during trial and in any subsequent judicial proceedings;
G. "local public body" means a political subdivision of the state and its agencies, instrumentalities and institutions;
H. "person" includes a natural individual, partnership, corporation, association, other legal or fiduciary entity and a governmental entity;
I. "personal property" means any property other than real property;
J. "property" means real or personal property under the law of New Mexico;
K. "real property" means land and any improvements upon or connected with land, and includes an easement or other interest therein; and
L. "state" means the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions.
History:
1978 Comp., § 42A-1-2, enacted by Laws 1981, ch. 125, § 2.
ANNOTATIONS
Recompilations.
— Laws 1981, ch. 125, § 2, recompiled former 42A-1-2 NMSA 1978, relating to negotiation, as 42A-1-4 NMSA 1978.
Recognized property interest required for "condemnee" status.
— Ownership of a recognized property interest in the property taken or damaged is what makes a party a "condemnee". In turn, status as a condemnee is what gives a party standing to challenge the condemnation.
City of Sunland Park v. Santa Teresa Servs. Co.
, 2003-NMCA-106, 134 N.M. 243, 75 P.3d 843, cert. denied, 134 N.M. 179, 74 P.3d 1071.
Parties with debt claims against the property owner, whether unsecured or recorded, could not meaningfully participate in condemnation proceedings as "condemnees". Rather, parties with such claims must rely for relief on the allocation proceedings conducted under 42A-1-24(C) NMSA 1978.
City of Sunland Park v. Santa Teresa Servs. Co.
, 2003-NMCA-106, 134 N.M. 243, 75 P.3d 843, cert. denied, 134 N.M. 179, 74 P.3d 1071.
Tax liens in New Mexico do not create an ownership interest in the sense required by the Code in order for the lien holder to be considered a condemnee.
City of Sunland Park v. Santa Teresa Servs. Co.
, 2003-NMCA-106, 134 N.M. 243, 75 P.3d 843, cert. denied, 134 N.M. 179, 74 P.3d 1071.
2023 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.
ANNOTATIONS
Recompilations.
— 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.
2023 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.
ANNOTATIONS
Recompilations.
— 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.
2023 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.
ANNOTATIONS
Recompilations.
— 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.
2023 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.
ANNOTATIONS
Recompilations.
— 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.
2023 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.
ANNOTATIONS
Recompilations.
— 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.
2023 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.
ANNOTATIONS
Recompilations.
— 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.
2023 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.
ANNOTATIONS
Recompilations.
— 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.
2023 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.
ANNOTATIONS
Recompilations.
— 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.
2023 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.
ANNOTATIONS
Recompilations.
— 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.
2023 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.
ANNOTATIONS
Recompilations.
— 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."
2023 New Mexico Statutes › Chapter 42A - Condemnation Proceedings › Article 1 - General Provisions › Section 42A-1-14 - Notice.

If notice of a hearing or any other matter pursuant to Sections 42A-1-3 through 42A-1-12 NMSA 1978 is required, except for specific notice requirements as otherwise provided, notice shall be given:
A. by mailing a copy thereof at least ten days before the time set for the hearing or determination of other matters by certified, registered or ordinary first class mail addressed to the person being notified;
B. by service of a copy thereof at least ten days before the time set for the hearing or determination of other matters upon the person being notified in the manner provided by the Rules of Civil Procedure for the District Courts for service of summons and complaint; or
C. if the address or name of any person is not known and cannot be ascertained by reasonable diligence, by publishing a copy thereof at least once a week for two consecutive weeks, in a newspaper of general circulation in the county in which the hearing is to be held, the last publication of which is to be at least five days before the time set for the hearing.
History:
1978 Comp., § 42A-1-12, enacted by Laws 1980, ch. 20, § 14; amended and recompiled as § 42A-1-14 by Laws 1981, ch. 125, § 10.
ANNOTATIONS
Recompilations.
— Laws 1981, ch. 125, § 12, recompiled former 42A-1-14 NMSA 1978, relating to the applicability of Article 1 of Chapter 42A, as 42A-1-16 NMSA 1978.
Cross references.
— For the Rules of Civil Procedure for the District Courts,
see
Rules 1-001 through 1-127 NMRA.
The 1981 amendment
substituted "Sections 42A-1-3 through 42A-1-12" for "Sections 42A-1-1 through 42A-1-10" in the introductory paragraph, substituted "Rules of Civil Procedure for the District Courts" for "rules of civil procedure" in Subsection B and deleted "in civil actions" following "complaint" in Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
27 Am. Jur. 2d Eminent Domain §§ 478, 536 et seq., 874.
Permissible modes of service of notice of eminent domain proceedings, 89 A.L.R.2d 1404.
Inclusion or exclusion of first and last days in computing the time for performance of an act or event which must take place a certain number of days before a known future date, 98 A.L.R.2d 1331.
29A C.J.S. Eminent Domain §§ 237 to 247.
2023 New Mexico Statutes › Chapter 42A - Condemnation Proceedings › Article 1 - General Provisions › Section 42A-1-15 - Rules of civil procedure.

Unless specifically provided to the contrary in the Eminent Domain Code, or unless inconsistent with its provisions, the Rules of Civil Procedure for the District Courts govern matters pursuant to that act.
History:
1978 Comp., § 42A-1-13, enacted by Laws 1980, ch. 20, § 15; amended and recompiled as § 42A-1-15 by Laws 1981, ch. 125, § 11.
ANNOTATIONS
Cross references.
— For the Rules of Civil Procedure for the District Courts,
see
Rules 1-001 through 1-127 NMRA.
The 1981 amendment
substituted "the Eminent Domain Code" for "Sections 42A-1-1 through 42A-1-10 NMSA 1978," "its" for "their" and "that act" for "such sections" and inserted "for the District Courts."
Application of rules of civil procedure.
— Where the Eminent Domain Code is silent, the rules of civil procedure are applicable, unless application of the rules would be inconsistent with it.
City of Sunland Park v. N.M. Pub. Reg. Comm'n
, 2004-NMCA-024, 135 N.M. 143, 85 P.3d 267, cert. denied, 2004-NMCERT-002, 135 N.M. 169, 86 P.3d 47.
2023 New Mexico Statutes › Chapter 42A - Condemnation Proceedings › Article 1 - General Provisions › Section 42A-1-16 - Application.

A. The provisions of Sections 42A-1-3 through 42A-1-16 NMSA 1978 apply to all condemnation actions brought pursuant to the laws of New Mexico including those actions brought pursuant to Sections 42-2-1 through 42-2-24 NMSA 1978.
B. The provisions of Sections 42A-1-3 through 42A-1-12 NMSA 1978 shall not affect the right of possession and occupancy provided for in Sections 42A-1-22 and 42-2-6 NMSA 1978.
History:
1978 Comp., § 42A-1-14, enacted by Laws 1980, ch. 20, § 16; amended and recompiled as § 42A-1-16 by Laws 1981, ch. 125, § 12.
ANNOTATIONS
The 1981 amendment
substituted "Sections 42A-1-3 through 42A-1-16" for "Sections 42A-1-1 through 42A-1-14" in Subsection A, substituted "Sections 42A-1-3 through 42A-1-12" for "Sections 42A-1-1 through 42A-1-10" in Subsection B and substituted "42A-1-22" for "42A-1-19" in Subsection B.
2023 New Mexico Statutes › Chapter 42A - Condemnation Proceedings › Article 1 - General Provisions › Section 42A-1-18 - Notice of condemnation.

A. Upon filing a petition in condemnation in the district court, the clerk shall issue and give notice of condemnation which shall contain:
(1) a copy of the petition and the appraisal, if one was prepared pursuant to Section 42A-1-5 NMSA 1978;
(2) the title of the action;
(3) the name or designation of the court and county in which the action is brought as well as the cause number;
(4) a direction that the condemnee appear and answer to the petition within thirty days after service of notice, and a statement that unless the condemnee appears and answers, the petitioner will apply to the court for the relief demanded in the petition;
(5) the name and address of the petitioner's attorney shall appear on every notice; and
(6) a general statement of the nature of the action and a general description of the property involved in the action.
B. If the condemnor in his petition requests an order for immediate possession, notice of such request shall be incorporated in the notice provided for pursuant to Subsection A of this section.
C. If an appraisal has been prepared pursuant to Section 42A-1-5 NMSA 1978, the condemnor shall file a copy of it at the time the petition is filed and shall deposit with the clerk of the court the amount determined by the appraisers pursuant to Section 42A-1-5 NMSA 1978. The deposit shall be managed pursuant to the provisions of Subsections E through G of Section 42A-1-19 NMSA 1978.
History:
1978 Comp., § 42A-1-18, enacted by Laws 1981, ch. 125, § 14.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Conditions imposed to approval of proposed subdivision map or plat as constituting taking of property for public use without compensation, 11 A.L.R.2d 524.
29A C.J.S. Eminent Domain §§ 220, 237 to 247, 248 to 266.
2023 New Mexico Statutes › Chapter 42A - Condemnation Proceedings › Article 1 - General Provisions › Section 42A-1-22 - Order of immediate possession prior to judgment.

A. At the time of filing the petition, the condemnor may apply to the court for an order for immediate possession of the property proposed to be taken.
B. Upon filing the petition, the court shall set a time for hearing within thirty days of the filing, and notice shall be given as provided in Section 42A-1-18 NMSA 1978.
C. At the hearing, the court shall make an order authorizing the condemnor to take immediate possession of the property if it finds that the use for which the property sought to be condemned is a public use and that immediate possession is necessary.
D. If the order is granted pursuant to Subsection C of this section and no offer was made pursuant to Section 42A-1-5 NMSA 1978, the court shall require the condemnor to deposit with the court an amount established by it. Money from the deposit may be invested and disbursed as provided in Subsections E through G of Section 42A-1-19 NMSA 1978. Upon final confirmation of the report of the commissioners, the deposit made pursuant to this subsection shall be adjusted to reflect that report. The adjustment, however, shall not require the condemnee to refund any amount withdrawn pursuant to Subsection E of Section 42A-1-19 NMSA 1978, but any amount withdrawn shall be credited against the total amount awarded pursuant to Section 42A-1-24 NMSA 1978.
E. The order for immediate possession shall describe the property to which the condemnor is authorized to take possession. The description may be by reference to the petition. The order shall also state the date at which the condemnor is authorized to take possession of the property.
History:
1978 Comp., § 42A-1-22, enacted by Laws 1981, ch. 125, § 18.
ANNOTATIONS
Use of a natural gas pipeline was a "public use"
as required for condemnation under the Eminent Domain Code.
Kennedy v. Yates Petroleum Corp.
, 1986-NMSC-064, 104 N.M. 596, 725 P.2d 572.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
26 Am. Jur. 2d Eminent Domain §§ 155, 156, 918 et seq.; 27 Am. Jur. 2d Eminent Domain §§ 519 et seq., 854 et seq.
Provision for taking or retaining possession pending appeal in condemnation proceeding, 55 A.L.R. 201.
Condemnation proceedings as affecting insurable interest of property owner, 29 A.L.R.2d 888.
Who, as between condemnor and condemnee, bears risk of loss or destruction of property occurring after commencement but before completion of eminent domain proceedings, 89 A.L.R.2d 1076.
Injunction against exercise of power of eminent domain, 93 A.L.R.2d 465.
Right to enter land for preliminary survey or examination, 29 A.L.R.3d 1104.
29A C.J.S. Eminent Domain §§ 172 to 177, 183, 212, 267, 348, 387 to 390, 401, 413, 419.
2023 New Mexico Statutes › Chapter 42A - Condemnation Proceedings › Article 1 - General Provisions › Section 42A-1-23 - Possession; no effect on other rights.

By taking possession pursuant to the provisions of Section 42A-1-22 NMSA 1978, the condemnor does not waive the right to appeal from the judgment, the right to abandon or the right to request a new trial.
History:
1978 Comp., § 42A-1-23, enacted by Laws 1981, ch. 125, § 19.
2023 New Mexico Statutes › Chapter 42A - Condemnation Proceedings › Article 1 - General Provisions › Section 42A-1-25 - Litigation expenses.

A. The court shall award the condemnee his litigation expenses whenever:
(1) the condemnor has abandoned the condemnation proceeding;
(2) the condemnation proceeding has been dismissed for any reason except when a bona fide settlement has been reached; or
(3) there is a final determination that the condemnor does not have a right to take the property sought to be acquired in the condemnation proceeding.
B. Before awarding litigation expenses pursuant to this section, the court shall review the reasonableness of such expenses and fees.
History:
1978 Comp., § 42A-1-25, enacted by Laws 1981, ch. 125, § 21.
ANNOTATIONS
Refusal to negotiate as taking without "right".
— Where a county deliberately chose to take property first and litigate afterwards, forcing the landowner to initiate the lawsuit, the district court properly concluded that the county did not have the "right" to take the property, and the condemnee was entitled to an award of attorney's fees.
Landavazo v. Sanchez
, 1990-NMSC-114, 111 N.M. 137, 802 P.2d 1283.
2023 New Mexico Statutes › Chapter 42A - Condemnation Proceedings › Article 1 - General Provisions › Section 42A-1-27 - Proof of payment; recording judgment.

A. After the condemnor has made payment in full to the clerk of the district court in accordance with the judgment in the condemnation action, the clerk shall certify upon the judgment that payment has been made.
B. A copy of the judgment showing payment shall be recorded in the office of the county clerk of the county in which the property is located, and thereupon the title or interest in the property affected shall vest in the condemnor.
C. If the condemnor is a governmental entity, a copy of the judgment shall be filed with the county assessor who shall remove such property from the tax rolls.
History:
1978 Comp., § 42A-1-27, enacted by Laws 1981, ch. 125, § 23.
ANNOTATIONS
Once city satisfied requirements of this section
, the city had a clear legal right to enforce.
City of Sunland Park v. N.M. Pub. Reg. Comm'n
, 2004-NMCA-024, 135 N.M. 143, 85 P.3d 267, cert. denied, 135 N.M. 169, 86 P.3d 47.
Title vests
, according to Subsection B of this section, when the certification of deposit is recorded in the district court, not when the money is disbursed to the condemnee.
City of Sunland Park v. N.M. Pub. Reg. Comm'n
, 2004-NMCA-024, 135 N.M.143, 85 P.3d 267, cert. denied, 2004-NMCERT-002, 135 N.M. 169, 86 P.3d 47.
2023 New Mexico Statutes › Chapter 42A - Condemnation Proceedings › Article 1 - General Provisions › Section 42A-1-28 - Imperfect titles.

If the title attempted to be acquired is found to be defective from any cause, the condemnor may institute proceedings to acquire the property as provided in the Eminent Domain Code.
History:
1978 Comp., § 42A-1-28, enacted by Laws 1981, ch. 125, § 24.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
26 Am. Jur. 2d Eminent Domain §§ 171 et seq., 257, 258; 27 Am. Jur. 2d Eminent Domain § 563.
29A C.J.S. Eminent Domain §§ 152, 153, 411, 417.
2023 New Mexico Statutes › Chapter 42A - Condemnation Proceedings › Article 1 - General Provisions › Section 42A-1-30 - Adverse possession; statute of limitation.

The defendant to an action brought pursuant to Section 42A-1-29 NMSA 1978 may plead adverse possession as defined by Section 37-1-22 NMSA 1978 or acquisition by prescription as a defense to the action, but no other statute of limitation shall be applicable or pleaded as a defense thereto except as provided in Section 42A-1-31 NMSA 1978.
History:
1978 Comp., § 42A-1-30, enacted by Laws 1981, ch. 125, § 26.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
27 Am. Jur. 2d Eminent Domain §§ 877, 878, 879, 884.
29A C.J.S. Eminent Domain §§ 6, 232, 361.
2023 New Mexico Statutes › Chapter 42A - Condemnation Proceedings › Article 1 - General Provisions › Section 42A-1-32 - Costs; compensation of commissioners.

A. Except as expressly provided by law, the costs of the proceedings to condemn property shall be paid by the party seeking the condemnation, including the costs of the final report of the commissioners if applicable.
B. If applicable, the court shall allow the commissioners reasonable compensation for their services. Such compensation shall be taxed as costs in the proceedings.
History:
1978 Comp., § 42A-1-32, enacted by Laws 1981, ch. 125, § 27.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
27 Am. Jur. 2d Eminent Domain §§ 583 et seq., 743 et seq.
Condemner's waiver, surrender, or limitation, after award, of rights or part of property acquired by condemnation, 5 A.L.R.2d 724.
Liability for costs in trial tribunal in eminent domain proceedings as affected by offer or tender by condemnor, 70 A.L.R.2d 804.
Liability of state, or its agency or board, for costs, 72 A.L.R.2d 1379.
Liability, upon abandonment, for loss or expenses incurred by property owner, or for interest on award or judgment, 92 A.L.R.2d 355.
30 C.J.S. Eminent Domain §§ 366 to 374.
2023 New Mexico Statutes › Chapter 42A - Condemnation Proceedings › Article 1 - General Provisions › Section 42A-1-33 - Easement; abandonment.

Except as specifically provided by law, when an easement has been taken by eminent domain for public use and the public use is subsequently abandoned, the easement is extinguished and the possession of the property reverts to the owner or his successor in interest of the fee free from any rights in the condemnor.
History:
1978 Comp., § 42A-1-33, enacted by Laws 1981, ch. 125, § 28.
2023 New Mexico Statutes › Chapter 42A - Condemnation Proceedings › Article 1 - General Provisions › Section 42A-1-34 - Sign removal by local governments; compensation.

No municipal, county or local zoning authority or any other political subdivision of the state shall remove or cause to be removed any lawfully erected and maintained advertising structure without paying just compensation. As used in this act [this section], "advertising structure" means and includes any outdoor sign, display, figure, painting, poster, billboard or similar thing designed, intended or used to advertise or inform the public of goods or services sold either on or off the premises where the advertising structure is located.
History:
Laws 1981, ch. 284, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Constitutionality.
— This section does not violate N.M. Const., art. IV, § 24, as it does not constitute a prohibited "special law" by granting special rights to sign owners as compared to other property owners whose property is caused to be removed by operation of a local zoning ordinance.
Battaglini v. Town of Red River
, 1983-NMSC-067, 100 N.M. 287, 669 P.2d 1082.
Regulation of outdoor advertising valid.
— Municipal regulation of outdoor advertising for aesthetic and safety purposes, as manifested in a sign ordinance, constitutes a valid exercise of the police power, as that power is derived from authority granted by the state.
Battaglini v. Town of Red River
, 1983-NMSC-067, 100 N.M. 287, 669 P.2d 1082.
Granting of amortization period does not constitute "paying just compensation"
as required by this section.
Battaglini v. Town of Red River
, 1983-NMSC-067, 100 N.M. 287, 669 P.2d 1082.
Unlawfully erected signs not compensable.
— This section does not authorize payment of compensation for the removal of unlawfully erected signs.
City of Albuquerque v. Jackson
, 1984-NMCA-062, 101 N.M. 457, 684 P.2d 543.
Sign not lawful though regulating ordinance held unconstitutional in separate case.
— Defendant charged with violations of local sign ordinance could not rely on a judgment pending appeal in a separate case which held the ordinance unconstitutional, since city's appeal of judgment automatically stayed that court's decision; thus, his sign that did not comply with the ordinance was not lawfully erected.
City of Albuquerque v. Jackson
, 1984-NMCA-062, 101 N.M. 457, 684 P.2d 543.
2023 New Mexico Statutes › Chapter 42A - Condemnation Proceedings › Article 2 - Public Utilities › Section 42A-2-1 - Railroad, telephone or telegraph company.

Any foreign or domestic railroad, telephone or telegraph company which is duly qualified and doing business in New Mexico shall have the power of eminent domain for acquiring property for public use for the purpose of constructing lines, microwave systems and structures and other communication or transportation structures and other facilities necessary for the operation for [of] such transportation or communication system for such entity according to the procedure for condemnation as provided in the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978].
History:
1978 Comp., § 42A-2-1, enacted by Laws 1981, ch. 125, § 29.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For municipal airports,
see
3-39-1 NMSA 1978 et seq.
For county flood commissioners condemning property,
see
4-50-5 NMSA 1978.
For state game commission,
see
17-4-1 NMSA 1978 et seq.
For public utilities,
see
62-1-4 NMSA 1978.
For condemnation by water-works corporation of water-ways,
see
62-2-16 NMSA 1978.
For pipe-lines,
see
70-3-5 NMSA 1978.
For construction of water-ways,
see
72-1-5 NMSA 1978.
For dominant right of eminent domain in conservancy districts,
see
73-14-41 NMSA 1978.
Railroads can acquire possessory rights when no complaints made.
— When the railroad company took possession of the land and used it for its purposes for 30 years without complaint by the landowners, it acquired all possessory rights to the land necessary for its purposes.
Timberlake v. Southern Pac. Co.
, 1969-NMSC-143, 80 N.M. 770, 461 P.2d 903.
Power of eminent domain belongs to telephone corporation.
— Corporation, engaged as a public utility in furnishing telephone service to the public, has the power of eminent domain.
State Hwy. Comm'n v. Ruidoso Tel. Co.
, 1963-NMSC-150, 73 N.M. 487, 389 P.2d 606.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Eminent domain: unity or contiguity of separate properties sufficient to allow damages for diminished value of parcel remaining after taking of other parcel, 59 A.L.R.4th 308.
2023 New Mexico Statutes › Chapter 42A - Condemnation Proceedings › Article 2 - Public Utilities › Section 42A-2-2 - Telephone and telegraph companies; limitations and regulations.

No telephone or telegraph company shall, by virtue of its eminent domain power, be authorized to enter or appropriate any dwelling, barn, store, warehouse or similar building erected for any commercial, agricultural or manufacturing purposes, or to erect poles so near such structure as to materially inconvenience the condemnee in their use or to damage such structure.
History:
1978 Comp., § 42A-2-2, enacted by Laws 1981, ch. 125, § 30.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
26 Am. Jur. 2d Eminent Domain § 96; 27 Am. Jur. 2d Eminent Domain §§ 200, 229, 386, 395, 396, 928 et seq.
29A C.J.S. Eminent Domain §§ 76, 77, 113, 114, 135, 418.
2023 New Mexico Statutes › Chapter 42A - Condemnation Proceedings › Article 2 - Public Utilities › Section 42A-2-3 - Property of public utilities.

A. If the property to be condemned is held by any public utility corporation, the right to condemn such property by a railroad, telephone or telegraph company is limited to such use as shall not materially interfere with the uses to which by law the public utility corporation holding the property is authorized to use it.
B. Where no agreement can be made between the parties, the method of assessing the damages to private persons as provided pursuant to the provisions of the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978] shall be used.
History:
1978 Comp., § 42A-2-3, enacted by Laws 1981, ch. 125, § 31.
ANNOTATIONS
Section gives court right to determine railroad track crossings.
— This section and Section 42A-2-4 NMSA 1978 invest in the court the right to determine the place and manner of crossing by one railroad of the tracks of another.
Atchison, T. & S.F. Ry. v. Citizens' Traction & Power Co.
, 1911-NMSC-018, 16 N.M. 154, 113 P. 810.
No power to contract for parties.
— This statute does not say that the court shall make a contract for the parties, but that the court shall have the power to regulate and determine the matter and things with respect to which the parties might have contracted.
Atchison, T. & S.F. Ry. v. Citizens' Traction & Power Co.
, 1919-NMSC-031, 25 N.M. 345, 182 P. 871.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
26 Am. Jur. 2d Eminent Domain §§ 90, 96, 126, 199, 231, 233, 927.
Furnishing electricity to public as public use or purpose for which power of eminent domain may be exercised, 44 A.L.R. 735, 58 A.L.R. 787.
Power of eminent domain as between state and subdivision or agency thereof, or as between different subdivisions or agencies themselves, 35 A.L.R.3d 1293.
29A C.J.S. Eminent Domain §§ 59, 273.
2023 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.
ANNOTATIONS
Section 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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Bracketed 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.