reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 3 - Relocation Assistance › Section 42-3-7 - Additional payment to tenant.

A. In addition to amounts otherwise authorized by the Relocation Assistance Act, the displacing agency shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under Section 42-3-6 NMSA 1978 when that dwelling was actually and lawfully occupied by the displaced person for not less than ninety days immediately prior to the initiation of negotiations for acquisition of the dwelling or in any case in which the displacement is a direct result of acquisition or other event as the displacing agency shall prescribe.
B. The payment in Subsection A of this section shall consist of the amount necessary to enable the displaced person to lease or rent for a period not to exceed forty-two months a comparable replacement dwelling, but at no time shall this payment exceed seven thousand two hundred dollars ($7,200). At the discretion of the displacing agency, a payment under this subsection may be made in periodic installments. Computation of a payment under this subsection to a low-income displaced person for a comparable replacement dwelling shall take into account that person's income.
C. Any person eligible for a payment under Subsection A of this section may elect to apply the payment to a down payment on, and other incidental expenses pursuant to, the purchase of a comparable replacement dwelling. That person may, at the discretion of the displacing agency, be eligible under this subsection for the maximum payment allowed under Subsection B of this section, except that, in the case of a displaced homeowner who has owned and occupied the displacement dwelling for at least ninety days immediately prior to the initiation of negotiations for the acquisition of the dwelling, this payment shall not exceed the payment the person would otherwise have received under Subsection A of Section 42-3-6 NMSA 1978 had the person owned and occupied the displacement dwelling ninety days immediately prior to the initiation of such negotiations.
History:
1978 Comp., § 42-3-7, enacted by Laws 1989, ch. 121, § 7; 2015, ch. 136, § 3.
ANNOTATIONS
Repeals and reenactments.
— Laws 1989, ch. 121, § 7 repealed former 42-3-7 NMSA 1978, as enacted by Laws 1972, ch. 41, § 8, relating to additional payment to tenant, and enacted a new section, effective March 30, 1989.
The 2015 amendment,
effective April 10, 2015, increased the amount authorized as an additional payment to a person displaced by an agency program or project when the person is not eligible for a payment under Section 42-3-6 NMSA 1978; in Subsection B, after "this payment exceed", deleted "five thousand two hundred fifty dollars ($5,250)" and added "seven thousand two hundred dollars ($7,200)"; and in Subsection C, after "Subsection B", deleted "of this section", after "ninety days", deleted "but not more than one hundred eighty days", and after "displacement dwelling", deleted "one hundred eighty" and added "ninety".
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 3 - Relocation Assistance › Section 42-3-8 - Miscellaneous payments.

In addition to other payments authorized by the Relocation Assistance Act, the displacing agency, as part of the cost of any program or project, may reimburse reasonable and necessary expenses incurred for:
A. recording fees, transfer taxes and other expenses incidental to conveying the property;
B. penalty costs for prepayment of any mortgage then existing entered into in good faith encumbering the real property if the mortgage is on record or has been filed for record as provided by law; and
C. the pro rata portion of real property taxes paid which are allocable to the period subsequent to the date of vesting of title in the displacing agency or the effective date of the possession of the real property by the displacing agency, whichever is earlier.
History:
1953 Comp., § 22-9A-9, enacted by Laws 1972, ch. 41, § 9; 1989, ch. 121, § 8.
ANNOTATIONS
The 1989 amendment,
effective March 30, 1989, inserted "displacing" preceding "agency" throughout the section.
Reimbursement provision valid.
— Statutory provision for reimbursing property owner for pro rata portion or real property taxes is valid. 1973 Op. Att'y Gen. No. 73-37.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 3 - Relocation Assistance › Section 42-3-9 - Reimbursement for expenses where condemnation does not result in acquisition or is abandoned.

A court having jurisdiction over a proceeding instituted by the displacing agency to acquire real property by condemnation shall, when required by federal law or by a federal grant contract governing the project or program, award the owner of any right, title or interest in the real property a sum which will reimburse the owner for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees actually incurred because of the condemnation proceedings, if:
A. the final judgment in the proceeding is that the displacing agency cannot acquire the real property by condemnation; or
B. the proceeding is abandoned by the displacing agency.
History:
1953 Comp., § 22-9A-10, enacted by Laws 1972, ch. 41, § 10; 1989, ch. 121, § 9.
ANNOTATIONS
The 1989 amendment,
effective March 30, 1989, inserted "displacing" preceding "agency" throughout the section.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 3 - Relocation Assistance › Section 42-3-10 - Compensation for expenses of inverse condemnation.

A court, rendering a judgment for the plaintiff in a proceeding brought under Section 42A-1-29 NMSA 1978 awarding compensation for the actual physical taking of the property by the displacing agency, or the agency effecting a settlement of any such proceeding, shall, when required by federal law or by a federal grant contract governing the project or program, determine and award or allow to the plaintiff as a part of the judgment or settlement a sum which will reimburse the plaintiff for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees actually incurred because of the proceeding.
History:
1953 Comp., § 22-9A-11, enacted by Laws 1972, ch. 41, § 11; 1989, ch. 121, § 10.
ANNOTATIONS
The 1989 amendment,
effective March 30, 1989, substituted "Section 42A-1-29 NMSA 1978" for "Section 22-9-22 NMSA 1953" and inserted "displacing" preceding "agency".
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 3 - Relocation Assistance › Section 42-3-12 - Housing replacement as a last resort.

A. If a project cannot proceed to actual construction because comparable replacement sale or rental housing is not available and the displacing agency determines that the housing cannot otherwise be made available, the displacing agency may take action necessary or appropriate to provide the housing by use of funds authorized for the project.
The displacing agency may use this section to exceed the maximum amounts which may be paid under the Relocation Assistance Act on a case-by-case basis for good cause as determined in accordance with such regulations as the agency or department shall issue.
B. No person shall be required to move from his dwelling on account of any project unless the displacing agency is satisfied that a comparable replacement housing is available to the person.
History:
1953 Comp., § 22-9A-13, enacted by Laws 1972, ch. 41, § 13; 1989, ch. 121, § 12.
ANNOTATIONS
The 1989 amendment,
effective March 30, 1989, substituted "displacing agency" for "agency" throughout the section; added the second paragraph of Subsection A; and substituted "a comparable replacement housing" for "replacement housing in accordance with Subsection C of Section 12" in Subsection B.
State highway department may build required housing.
— Any necessary action may be taken to provide housing by using funds authorized for the project. This does not necessarily mean that the state highway department must build the houses required, but as an absolutely last resort it could. 1973 Op. Att'y Gen. No. 73-47.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 3 - Relocation Assistance › Section 42-3-13 - Implementing regulations.

The displacing agency may adopt regulations that it deems necessary or appropriate to implement the provisions of the Relocation Assistance Act, including but not limited to regulations necessary to assure that:
A. the payments and assistance authorized shall be administered in as fair, reasonable and uniform a manner as practicable;
B. a displaced person who makes proper application for a payment authorized shall be paid promptly after a move or, in hardship cases, be paid in advance; and
C. any person aggrieved by a determination as to eligibility for relocation payments or the amount of payment under that act may have his application reviewed at a formal hearing before the head of the displacing agency or a hearing officer designated by the head of the displacing agency.
History:
1953 Comp., § 22-9A-14, enacted by Laws 1972, ch. 41, § 14; 1989, ch. 121, § 13.
ANNOTATIONS
The 1989 amendment,
effective March 30, 1989, inserted "displacing" in the undesignated introductory paragraph; inserted "a" in Subsection A; and in Subsection C substituted "that act" for "this act", and twice substituted "displacing" for "acquiring".
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 3 - Relocation Assistance › Section 42-3-14 - Administrative hearings; court review.

A. A person aggrieved by a determination as to eligibility for relocation payments or the amount of payment received under the Relocation Assistance Act shall have the right to a hearing before the displacing agency or before a hearing officer designated by the displacing agency.
B. After the hearing, a person aggrieved or affected by a final administrative determination concerning eligibility for relocation payments or the amount of the payment under the Relocation Assistance Act may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
1953 Comp., § 22-9A-15, enacted by Laws 1972, ch. 41, § 15; 1989, ch. 121, § 14; 1998, ch. 55, § 45; 1999, ch. 265, § 47.
ANNOTATIONS
Cross references.
— For procedures governing administrative appeals to the district court,
see
Rule 1-074 NMRA.
The 1999 amendment,
effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection B.
The 1998 amendment,
effective September 1, 1998, substituted "A person" for "Any persons" in Subsection A, rewrote Subsection B and deleted Subsection C.
The 1989 amendment,
effective March 30, 1989, inserted "displacing" preceding "agency" throughout the section; made minor stylistic changes in the introductory paragraph of Subsection B; and substituted "by filing a notice of appeal in the district court within thirty days of the date of mailing" for "within thirty days of the day of the mailing" in Subsection B(2).
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 3 - Relocation Assistance › Section 42-3-15 - Contingent authority of act.

The provisions of the Relocation Assistance Act are effective so long as the congress of the United States authorizes and appropriates money for the payments and services set forth in Section 211 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 for federal aid programs, that act providing for federal reimbursement of the payments and services arising out of relocation assistance as a part of the cost of construction of a project under any federal aid program.
History:
1953 Comp., § 22-9A-16, enacted by Laws 1972, ch. 41, § 16; 1989, ch. 121, § 15.
ANNOTATIONS
Cross references.
— For powers of municipalities,
see
3-60-26 and 3-60A-10 NMSA 1978.
For Section 211 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
see
42 U.S.C. § 4631.
The 1989 amendment,
effective March 30, 1989, substituted "that act" for "said act" near the middle of the section.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 4 - Ejectment and Recovery of Real Property › Section 42-4-3 - [Principles apply to equity suits.]

The principles of the provisions of this article shall apply and extend to all suits in equity when the object of the complaint or answer is for the recovery of lands and tenements.
History:
C.L. 1897, § 2685 (265), added by Laws 1907, ch. 107, § 1 (265); Code 1915, § 4378; C.S. 1929, § 105-1819; 1941 Comp., § 25-803; 1953 Comp., § 22-8-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this article" appeared in the original act. As used there, they referred to art. 14 of Laws 1907, ch. 107, compiled as 42-4-1 to 42-4-16 NMSA 1978. This section is part of art. 18 of ch. 88 of the 1915 Code, which is compiled as 42-4-1 to 42-4-19 NMSA 1978.
Joinder of causes of action.
— Where appellee's amended complaint first alleged that she was the owner and entitled to possession of the land involved, then alleged that appellants constructed two houses and utility lines in such a manner as to encroach on her property to her damage, and that appellants should be required to remove the encroachments, appellee's amended complaint is that type of alternative pleading which is permissible under Rule 8(a)(2), N.M.R. Civ. P. (now Rule 1-008 NMRA). As both legal and equitable remedies are administered by a single court, there was no error by a joinder of the causes of action.
Heaton v. Miller
, 1964-NMSC-080, 74 N.M. 148, 391 P.2d 653.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
25 Am. Jur. 2d Ejectment §§ 1, 18, 32, 44.
28A C.J.S. Ejectment § 60.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 4 - Ejectment and Recovery of Real Property › Section 42-4-4 - [Parties to action.]

The action shall be prosecuted in the real names of the parties, and shall be brought against the tenant in possession, or against the person under whom such tenant holds or claims possession. Any person claiming such premises may, on motion, be made a defendant.
History:
C.L. 1897, § 2685 (252), added by Laws 1907, ch. 107, § 1 (252); Code 1915, § 4362; C.S. 1929, § 105-1803; 1941 Comp., § 25-804; 1953 Comp., § 22-8-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For action prosecuted by real party in interest,
see
Rule 1-017 A NMRA.
Determination of necessary party.
— Any person having an interest adverse to plaintiff, or claiming title or right of possession, may be made a defendant, but such a person may, or may not, be a necessary party, the rule being subject to the principle that only persons in actual occupation are necessary parties. Latin Am. Council of Christian Churches v. Leal, 57 N.M. 502, 260 P.2d 697 (1953).
One in actual occupation, necessary and proper defendant.
— Generally, in an ejectment action the person in actual occupation or possession is a necessary and proper defendant, and no other person is a necessary or proper party defendant. Latin Am. Council of Christian Churches v. Leal, 57 N.M. 502, 260 P.2d 697 (1953).
Action of ejectment against cotenant.
— Ejectment lies against a cotenant, or a grantee of a cotenant, attempting to hold adversely to his cotenant. Prior possession, under such circumstances, is sufficient to maintain ejectment. Lasswell v. Kitt, 11 N.M. 459, 70 P. 561 (1902); Lockhart v. Leeds, 10 N.M. 568, 63 P. 48 (1900), rev'd on other grounds, 195 U.S. 427, 25 S. Ct. 76, 49 L. Ed. 263 (1904).
Tenant in common may sue separately in ejectment
and may recover possession of the entire estate in subordination to the rights of his cotenants, if the defendant shows no title. De Bergere v. Chaves, 14 N.M. 352, 93 P. 762 (1908), aff'd, 231 U.S. 482, 34 S. Ct. 144, 58 L. Ed. 325 (1913).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
25 Am. Jur. 2d Ejectment §§ 1, 26, 27, 28.
28A C.J.S. Ejectment § 50 et seq.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 4 - Ejectment and Recovery of Real Property › Section 42-4-5 - [Contents of complaint.]

It shall be sufficient for the plaintiff to declare in his complaint that on some day, named therein, he was entitled to the possession of the premises, describing them; and that the defendant, on a day named in the complaint, afterwards entered into such premises, and unlawfully withheld from the plaintiff the possession thereof, to his damage for any sum he may name.
History:
C.L. 1897, § 2685 (253), added by Laws 1907, ch. 107, § 1 (253); Code 1915, § 4363; C.S. 1929, § 105-1804; 1941 Comp., § 25-805; 1953 Comp., § 22-8-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For real property description in pleading,
see
47-1-46 NMSA 1978.
Failure to aver right to possession renders complaint defective.
— Complaint in ejectment, failing to aver that plaintiff is entitled to the possession of the premises in question, is fatally defective.
Osborne v. United States
, 1885-NMSC-010, 3 N.M. (Gild.) 337, 5 P. 465 (decided under former law).
It is not sufficient to allege that defendant unjustly withholds premises
from the plaintiff.
Osborne v. United States
, 1885-NMSC-010, 3 N.M. (Gild.) 337, 5 P. 465 (decided under former law).
Amendments to complaint.
— Where, in complaint in ejectment, plaintiff alleges ownership in herself and, though not required by statute to do so, alleges her claim of title from defendant to plaintiff's immediate predecessor in title, plaintiff can show complete title by proof, absent objection thereto, and the complaint is considered as amended to include the omitted and necessary allegation.
Herington v. Herrera
, 1940-NMSC-033, 44 N.M. 374, 102 P.2d 896.
In ejectment, plaintiff is bound by chain of title pleaded
by her.
Herington v. Herrera
, 1940-NMSC-033, 44 N.M. 374, 102 P.2d 896.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
25 Am. Jur. 2d Ejectment §§ 21, 32, 33, 34.
Instructions in ejectment on rule that plaintiff must recover on strength of own title, 159 A.L.R. 646.
Rule that plaintiff in real action may recover on proof of better title from common source as applicable where plaintiff's evidence shows that the common-source title is bad, 5 A.L.R.3d 375.
28A C.J.S. Ejectment § 55 et seq.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 4 - Ejectment and Recovery of Real Property › Section 42-4-6 - [Defendant's pleadings; plaintiff's reply.]

The defendant shall plead to the complaint, as required by Sections 4106 and 4110; and the plaintiff may reply or demur.
History:
C.L. 1897, § 2685 (254), added by Laws 1907, ch. 107, § 1 (254); Code 1915, § 4364; C.S. 1929, § 105-1805; 1941 Comp., § 25-806; 1953 Comp., § 22-8-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Sections 4106 and 4110 refer to the 1915 Code, §§ 4106, 4110, which are superseded by Rules 1-007A and 1-012B NMRA.
Rule 1-007C NMRA abolished the use of demurrers.
What parties may show in their pleadings.
— In ejectment, the plaintiff may show any fact which establishes his right to possession, and the defendant may show any fact to establish that the plaintiff is not entitled to possession, under the plea of not guilty.
Deeney v. Mineral Creek Milling Co
., 1902-NMSC-005, 11 N.M. 279, 67 P. 724 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
25 Am. Jur. 2d Ejectment §§ 11, 36, 37.
Estoppel of tenant never in possession under lease to dispute landlord's title in action of ejectment, 98 A.L.R. 546.
Estoppel or waiver, necessity of pleading in ejectment action, 120 A.L.R. 92.
Defense of adverse possession or statute of limitations as available under general denial or plea of general issue, 39 A.L.R.2d 1426.
28A C.J.S. Ejectment § 34 et seq.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 4 - Ejectment and Recovery of Real Property › Section 42-4-8 - [Action between cotenants; ouster to be shown.]

In any action brought by a joint tenant, or tenant in common, against a cotenant, he shall be required to prove an actual ouster or act equivalent thereto.
History:
C.L. 1897, § 2685 (256), added by Laws 1907, ch. 107, § 1 (256); Code 1915, § 4366; C.S. 1929, § 105-1807; 1941 Comp., § 25-808; 1953 Comp., § 22-8-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Ouster by executing warranty deed.
— The act of a part of the tenants in common in executing a deed with covenants of warranty, purporting to convey the entire estate, is an ouster of the other cotenants.
Baker v. de Armijo
, 1912-NMSC-046, 17 N.M. 383, 128 P. 73;
Neher v. Armijo
, 1898-NMSC-005, 9 N.M. 325, 54 P. 236,
overruled on other grounds by
De Bergere v. Chaves
, 1908-NMSC-006, 14 N.M. 352, 93 P. 762.
Constructive ouster by divorced spouse.
— If one of the parties in a divorce case remains in possession of the community residence between the date of the divorce and the date of the final judgment dividing the community assets, then there may be a form of constructive ouster, exclusion or an equivalent act which is created as to the right of common enjoyment by the divorced spouse not in possession. This exclusion may render the divorced spouse in possession of the community residence liable to the divorced spouse not in possession for the use and occupation of the residence between the date of the divorce and the date of the final judgment.
Hertz v. Hertz
, 1983-NMSC-004, 99 N.M. 320, 657 P.2d 1169.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
25 Am. Jur. 2d Ejectment § 21.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 4 - Ejectment and Recovery of Real Property › Section 42-4-10 - [Title expiring pendente lite; judgment.]

If the plaintiff's title expire after the action is brought, but before its determination, the verdict and judgment shall be for damages and costs only.
History:
C.L. 1897, § 2685 (258), added by Laws 1907, ch. 107, § 1 (258); Code 1915, § 4368; C.S. 1929, § 105-1809; 1941 Comp., § 25-810; 1953 Comp., § 22-8-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 4 - Ejectment and Recovery of Real Property › Section 42-4-11 - [Judgment for plaintiff.]

If the plaintiff prevail, the judgment shall be for the recovery of the possession, and for the damages and costs.
History:
C.L. 1897, § 2685 (259), added by Laws 1907, ch. 107, § 1 (259); Code 1915, § 4369; C.S. 1929, § 105-1810; 1941 Comp., § 25-811; 1953 Comp., § 22-8-11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 4 - Ejectment and Recovery of Real Property › Section 42-4-12 - [Writ of possession.]

Upon judgment for the recovery of possession, a writ of possession shall be issued, and the sheriff shall deliver to the plaintiff the possession of the premises, and also collect the damages and costs, as on execution in other cases.
History:
C.L. 1897, § 2685 (260), added by Laws 1907, ch. 107, § 1 (260); Code 1915, § 4370; C.S. 1929, § 105-1811; 1941 Comp., § 25-812; 1953 Comp., § 22-8-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Effect of defendant's reentry after plaintiff recovers in ejectment.
— Where, after the plaintiff has recovered in ejectment and been put in possession, the defendant reenters the premises, expels the plaintiff and destroys his crop, a bill will lie to restore the plaintiff to possession and to enjoin the defendant from further molesting him.
Romero v. Munos
, 1859-NMSC-008, 1 N.M. 314 (decided under former law).
Law reviews.
— For article, "Survey of New Mexico Law, 1979-80: Civil Procedure", see 11 N.M.L. Rev. 53 (1981).
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 4 - Ejectment and Recovery of Real Property › Section 42-4-13 - [Execution; judgment for damages and costs.]

If the judgment be for damages and costs, an execution shall issue as in a personal action.
History:
C.L. 1897, § 2685 (261), added by Laws 1907, ch. 107, § 1 (261); Code 1915, § 4371; C.S. 1929, § 105-1812; 1941 Comp., § 25-813; 1953 Comp., § 22-8-13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For executions,
see
39-4-1 NMSA 1978 et seq.
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
28A C.J.S. Ejectment § 74 et seq.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 4 - Ejectment and Recovery of Real Property › Section 42-4-15 - [Improvements and mesne profits; verdict; set-off; judgment; payment by plaintiff before obtaining writ of possession.]

When the jury shall find a verdict for the plaintiff in such action, they shall also find the value of the improvements in favor of the defendant or tenant in possession, proved in the manner aforesaid, and further shall find the amount of the mesne profits proved to have accrued as aforesaid, as also the value of the land in its natural state without the improvements, and if the value of the improvements should exceed the amount of the mesne profits, the balance or overplus thereof shall be found by the jury in favor of the defendant or tenant in possession, and such plaintiff or plaintiffs shall not have a writ of possession awarded or issued against the defendant or defendants until he or they shall have paid to the said defendant or defendants, their agent or attorney, the full amount of balance or overplus, which the value of the improvements is found to exceed the mesne profits as aforesaid. And if the mesne profits as aforesaid shall exceed the value of the improvements as aforesaid, the jury aforesaid shall find the amount of such balance or overplus against the defendant or tenant in possession and judgment shall be entered up against said defendant or tenant in possession for such balance or overplus so found against them.
History:
C.L. 1897, § 2685 (263), added by Laws 1907, ch. 107, § 1 (263); Code 1915, § 4373; C.S. 1929, § 105-1814; 1941 Comp., § 25-815; 1953 Comp., § 22-8-15.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Plaintiff must raise issue of value of land in its natural state.
Coleman v. Bell
, 1887-NMSC-004, 4 N.M. (Gild.) 21, 12 P. 657.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
25 Am. Jur. 2d Ejectment §§ 31, 47, 54, 57, 123, 124, 148, 159.
Compensation, upon eviction, for improvements made or placed on premises of another by mistake, 57 A.L.R.2d 263.
28A C.J.S. Ejectment § 119 et seq.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 4 - Ejectment and Recovery of Real Property › Section 42-4-16 - [Improvements exceeding mesne profits; election by plaintiff; tender of deed; payment to plaintiff.]

If upon the rendition of any judgment in any such suit, the value of the improvements put upon the land by any defendant or tenant in possession as aforesaid shall exceed the net mesne profits of said land, the plaintiff or plaintiffs shall at the term of court at which said judgment is rendered, elect whether he will take his judgment and pay for the improvements so assessed against him or take pay from the defendant or defendants for the net profits and the value of the land in its natural state without the improvements, and if he elect to take pay for the net profits and the value of the land without the improvements as aforesaid, the said plaintiff or plaintiffs shall tender a warranty deed to the defendant or defendants for the said lands, upon the payment of its value as found by the jury in its natural state without the improvements, which payment shall be made to the plaintiff or plaintiffs in such reasonable term [terms] as the court may allow.
History:
C.L. 1897, § 2685 (264), added by Laws 1907, ch. 107, § 1 (264); Code 1915, § 4374; C.S. 1929, § 105-1815; 1941 Comp., § 25-816; 1953 Comp., § 22-8-16.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
28A C.J.S. Ejectment § 146 et seq.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 4 - Ejectment and Recovery of Real Property › Section 42-4-18 - [Possession of improvements taken; liability for value; abandonment excepted; specific and general lien.]

When any person claiming possession may have made, or may hereafter make, any valuable improvements on any land in this state, and any other person shall have taken, or may hereafter, in any manner, take from him or his assignor or assigns the possession of such improvements, or any part thereof, the person so taking possession shall be liable for the full value of such improvements so taken possession of, to the person who made the same, or to whom they may have been assigned: provided, the said possession and improvements shall not have been abandoned by the said person making the same, or those holding or claiming through him, for a greater period than six months immediately prior to so taking the possession thereof, and the value of said improvements shall be a lien upon the said improvements and the land in which they are situate until paid; as also upon all other real estate of the person so taking possession thereof situate in the same county.
History:
Laws 1878, ch. 6, § 4; C.L. 1884, § 2582; C.L. 1897, § 3756; Code 1915, § 4376; C.S. 1929, § 105-1817; 1941 Comp., § 25-818; 1953 Comp., § 22-8-18.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Section supplemental to Section 42-4-17 NMSA 1978.
— This section and Section 42-4-17 NMSA 1978 are supplemental to each other and do not afford distinct and different remedies.
Speartex Grain Co. v. West
, 1982-NMCA-082, 98 N.M. 91, 645 P.2d 447.
Color of title required to invoke section.
— A lessee claiming to have made improvements must have color of title in order to utilize the lien provision of this section.
Speartex Grain Co. v. West
, 1982-NMCA-082, 98 N.M. 91, 645 P.2d 447.
For inapplicability of section to state lands.
— All property placed on state land which became a part of the realty is the property of the state unless otherwise provided by law.
Frank A. Hubbell Co. v. Curtis
, 1936-NMSC-033, 40 N.M. 234, 58 P.2d 1163.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
25 Am. Jur. 2d Ejectment §§ 19, 39.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 4 - Ejectment and Recovery of Real Property › Section 42-4-19 - [Sale of improvements.]

The possession of land and improvements, provided for in this article, may be sold, transferred and conveyed in the same manner as other real estate in this state; and the person so purchasing and receiving conveyance thereof shall have the same right and title and be subject to the same restrictions as the person who may take possession or make the improvements provided for in this article.
History:
Laws 1878, ch. 6, § 5; C.L. 1884, § 2583; C.L. 1897, § 3757; Code 1915, § 4377; C.S. 1929, § 105-1818; 1941 Comp., § 25-819; 1953 Comp., § 22-8-19.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The compilers of the 1915 Code substituted "this article" for "this act," thereby presumably extending the reference to include §§ 4360 to 4378 of the 1915 Code, the provisions of which are compiled as 42-4-1 to 42-4-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 4 - Ejectment and Recovery of Real Property › Section 42-4-20 - [Reversionary clause in deed; improvements; liens; waiver of claim.]

That any and all liens, encumbrances or money claims for improvements on lands, authorized or permitted in ejectment actions or equitable proceedings for the recovery of lands under reversionary provisions contained in deeds to reality [realty], whether heretofore or hereafter claimed, may be waived by instrument in writing executed either before or after the passage and approval of this act [this section]; provided, further, that in no event shall any such liens, encumbrances or claims be asserted by the grantee, his heirs or assigns, as against his grantor, his heirs or assigns, who becomes entitled to possession of such lands under the terms of the reversionary clauses contained in any such deed to realty.
History:
Laws 1937, ch. 31, § 1; 1941 Comp., § 25-820; 1953 Comp., § 22-8-20.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
28A C.J.S. Ejectment § 39 et seq.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 4 - Ejectment and Recovery of Real Property › Section 42-4-21 - [Mine or mining claim; contested application for patent; ejectment maintainable regardless of possession.]

That when an application is made for a patent to a mine or mining claim under the laws of the United States by any person, persons, company or corporation claiming to own or have an interest therein, and such application is contested by any other person, persons, company or corporation in the land office of the United States, such person, persons, company or corporation so contesting, may bring a suit of ejectment in the district court of the county in which the mine or mining claim is situated, for the recovery of the same, whether in or out of possession of such mine or claim, and the question as to who was in the possession of the mine or claim at the time when the application was made for patent, or when the suit was begun, shall not be considered by the court, except as it may be necessary in determining the interests of the respective claimants, and their right to the possession of said mine or claim.
History:
Laws 1887, ch. 54, § 1; C.L. 1897, § 2290; Code 1915, § 3464; C.S. 1929, § 88-202; 1941 Comp., § 25-821; 1953 Comp., § 22-8-21.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Section modifies rules on ejectment under 30 U.S.C. § 30.
— In suits on adverse claims under 30 U.S.C. § 30, the rules governing ordinary ejectment suits are modified by this section.
Upton v. Santa Rita Mining Co.
, 1907-NMSC-017, 14 N.M. 96, 89 P. 275.
When plaintiff's title denied under section.
— In actions under this section, it is sufficient as a general rule to deny plaintiff's title, when evidence tending to show lack of title may be given.
Chilton v. 85 Mining Co.
, 1917-NMSC-072, 23 N.M. 451, 168 P. 1066.
Complaint which contains allegations of section sufficient.
— A complaint containing the allegations provided for in this section is sufficient in an action in support of an adverse claim to a mining location, although in the absence of this statute more specific allegations would be required.
Deeney v. Mineral Creek Milling Co.
, 1902-NMSC-005, 11 N.M. 279, 67 P. 724.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Right of owner of interest in mineral in suit to maintain ejectment, 35 A.L.R. 234.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 4 - Ejectment and Recovery of Real Property › Section 42-4-22 - [Special verdict or findings; entry on mining land pending suit.]

The court, in an action for the recovery of a mine or mining claim where a patent is applied for, and the contest is pending in the land office of the United States, may, upon motion of either party to the suit, require the jury to return a special verdict, if tried by a jury; if not, then by a judge trying the same shall make a special finding as to the particular interest each party owns in the mine or claim in dispute, under and by virtue of the mining laws of the United States, which special verdict or finding shall be entered into the judgment and upon the record of the court trying the same: provided, however, there shall be no special verdict by the court or jury, except where the evidence shows both parties to the suit to have a bona fide interest in the mine or claim sued for: and, provided further, that no third person who may have entered upon such mining claim or any part thereof, for the purpose of locating or claiming the same before or during such litigation in the district court growing out of any contest in any United States land office in this state, shall acquire any interest either at law or in equity in the claim or any part thereof in dispute, and shall be deemed and declared a trespasser or trespassers, unless he or they have been, or may, during the pendency of such litigation in the district court resulting from such contest in the United States land office, by a proper application to the court, be made party or parties to such suit adverse to either of such litigants, or both, or shall have taken such legal steps to assert his or their claim in a court of competent jurisdiction within six months after the commencement of such contest in the United States land office.
History:
Laws 1887, ch. 54, § 2; 1889, ch. 111, § 1; C.L. 1897, § 2291; Code 1915, § 3465; C.S. 1929, § 88-203; 1941 Comp., § 25-822; 1953 Comp., § 22-8-22.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The compilers of the 1915 Code substituted "if not, then by a judge" for "if not, then the judge."
Jury may render special verdicts to define respective rights of parties
in the premises.
Deeney v. Mineral Creek Milling Co.
, 1902-NMSC-005, 11 N.M. 279, 67 P. 724.
Parties upon proper request are entitled to special findings
upon questions relevant to the cause, but in the absence of such request, it is not error for the court to fail to require findings of the jury.
Upton v. Santa Rita Mining Co.
, 1907-NMSC-017, 14 N.M. 96, 89 P. 275.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
28A C.J.S. Ejectment § 150.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 4 - Ejectment and Recovery of Real Property › Section 42-4-23 - [Working mine pending suit; waste.]

That nothing in the two preceding sections [42-4-21, 42-4-22 NMSA 1978] shall prohibit the working and development of a mine or mining claim by either party in interest who may be in possession of the mine or claim during the pendency of the suit, nor prohibit anyone from bringing an action for damages, or a suit in equity to prevent waste.
History:
Laws 1887, ch. 54, § 3; C.L. 1897, § 2292; Code 1915, § 3466; C.S. 1929, § 88-204; 1941 Comp., § 25-823; 1953 Comp., § 22-8-23.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 4 - Ejectment and Recovery of Real Property › Section 42-4-24 - [Assessment work pending suit; retention of ore.]

Hereafter in any suit or action pending in any of the courts of this state, involving the right to the possession or title of any lode or placer mining claim located under the mining laws, and upon which it is necessary to do the annual assessment work to prevent the same from becoming forfeited and subject to relocation, the party or parties to any such suit out of possession, upon petition to the court in which suit or action is pending, showing that such annual assessment work has not been done on or before the first day of November in the year during which such work is required to be done, shall be entitled to an order as of course in such suit or action, permitting such party or parties to enter in and upon such mine or mining claims, with their agents and laborers, and to do and perform such annual assessment work to prevent the said mining claim or claims from becoming subject to relocation: provided, that in the doing of such work, no ore shall be removed from the boundaries of such mining claim.
History:
Laws 1905, ch. 83, § 1; Code 1915, § 3455; C.S. 1929, § 88-111; 1941 Comp., § 25-824; 1953 Comp., § 22-8-24.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
28A C.J.S. Ejectment § 57 et seq.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 4 - Ejectment and Recovery of Real Property › Section 42-4-25 - [Effect of performing assessment work pending suit.]

Upon the doing of any assessment work, as provided in Section 42-4-24 NMSA 1978, the said mining claim or claims shall not be subject to relocation for failure to do the annual assessment work, as against any of the parties to such suit or action.
History:
Laws 1905, ch. 83, § 2; Code 1915, § 3456; C.S. 1929, § 88-112; 1941 Comp., § 25-825; 1953 Comp., § 22-8-25.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 4 - Ejectment and Recovery of Real Property › Section 42-4-26 - [Measurements and surveys of mine pending suit; authorization; expenses.]

In all actions at law, or suits in equity, in any of the district courts of this state, wherein the title or right of possession to any mining claim, or ores and minerals is in dispute, any party to such action or suit shall have the right to go upon or enter the workings of said mining claim for the purpose of measuring or surveying the same, either upon the surface or in the workings thereof, peaceably, and without molestation; the costs and expenses of such measurement or survey to be paid by the party for whose use and benefit the same was done.
History:
Laws 1887, ch. 55, § 1; C.L. 1897, § 2293; Code 1915, § 3467; C.S. 1929, § 88-205; 1941 Comp., § 25-826; 1953 Comp., § 22-8-26.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The distinction between actions at law and suits in equity has been done away with by Rule 1-002 NMRA, which provides for one form of action only.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
28A C.J.S. Ejectment § 138.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 4 - Ejectment and Recovery of Real Property › Section 42-4-27 - [Who may enter for measurements and surveys.]

The right to go upon and enter said mining claim shall be extended to the party applying therefor, as well as a surveyor and two chain carriers.
History:
Laws 1887, ch. 55, § 2; C.L. 1897, § 2294; Code 1915, § 3468; C.S. 1929, § 88-206; 1941 Comp., § 25-827; 1953 Comp., § 22-8-27.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
25 Am. Jur. 2d Ejectment § 18.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 4 - Ejectment and Recovery of Real Property › Section 42-4-28 - [Notice of desire to enter mine.]

Before any person may enter upon or go into the workings of such mine without the consent of the person or corporation in possession, he shall give not less than five days' notice in writing to such person in possession, or to his agent or manager, and if the possession is held by a corporation, said notice shall be served upon the president, agent or manager of such corporation, or upon the foreman in charge of the mine, that at a certain date, specified in said notice, he desires to enter upon or go into the workings of said mine, as the case may be, for the purpose of surveying and taking a measurement of the same, in order that he may be able to present the facts on the trial.
History:
Laws 1887, ch. 55, § 3; C.L. 1897, § 2295; Code 1915, § 3469; C.S. 1929, § 88-207; 1941 Comp., § 25-828; 1953 Comp., § 22-8-28.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 4 - Ejectment and Recovery of Real Property › Section 42-4-29 - [Refusing entry; court may exclude evidence, render judgment or assist entry; costs.]

If such person or corporation shall not permit any party in interest in such suit or action, to go upon or enter said mine, as contemplated in the preceding sections [42-4-26, 42-4-27, 42-4-28 NMSA 1978], after having been notified in the manner designated, the court may, upon proper showing, verified by affidavit, or otherwise, exclude all evidence offered on the trial by the party so refusing, or render judgment or decree in favor of the party giving such notice: provided, that the court may, in its discretion, make an order directing the sheriff to go upon the ground with the party applying for the measurement and survey of such mine, and place the person so applying in possession, for the purpose of measuring and surveying the same, in which case the court may direct the payment of costs as may be just and proper.
History:
Laws 1887, ch. 55, § 4; C.L. 1897, § 2296; Code 1915, § 3470; C.S. 1929, § 88-208; 1941 Comp., § 25-829; 1953 Comp., § 22-8-29.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 4 - Ejectment and Recovery of Real Property › Section 42-4-30 - [Evidence of measures and surveys.]

The competency, relevancy and effect of such survey and measurement, as evidence, shall be governed by the ordinary rules of evidence in civil cases.
History:
Laws 1887, ch. 55, § 5; C.L. 1897, § 2297; Code 1915, § 3471; C.S. 1929, § 88-209; 1941 Comp., § 25-830; 1953 Comp., § 22-8-30.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For Rules of Evidence,
see
Rule 11-101 NMRA et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
25 Am. Jur. 2d Ejectment §§ 43, 49.
28A C.J.S. Ejectment § 58 et seq.