reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 41 - Torts › Article 10 - Food Donors Liability › Section 41-10-2 - Definitions.

As used in the Food Donors Liability Act:
A. "canned food" means any food commercially processed and prepared for human consumption;
B. "gleaner" means any person who harvests for free distribution any part or all of an agricultural crop that has been donated by the owner;
C. "nonprofit organization" means any organization which was organized and is operated for charitable purposes and meets the requirements set forth in Section 170 of the Internal Revenue Code;
D. "perishable food" means any food that may spoil or otherwise become unfit for human consumption because of its nature, type or physical condition. "Perishable food" includes but is not limited to fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits or vegetables and foods that have been packaged, refrigerated or frozen; and
E. "person who donates food" means any individual, partnership, corporation, association, governmental entity or public or private organization of any character which gives food to others, including restaurants, grocery stores, retail and wholesale businesses and community colleges which give or otherwise provide food, directly or indirectly, to the needy or indigent.
History:
Laws 1981, ch. 100, § 2; 1989, ch. 168, § 1; 1993, ch. 133, § 2.
ANNOTATIONS
Cross references.
— For Section 170 of the Internal Revenue Code,
see
26 U.S.C. § 170.
The 1993 amendment,
effective June 18, 1993, inserted "and community colleges" in Subsection E and made a minor stylistic change.
The 1989 amendment,
effective June 16, 1989, substituted "170" for "70" in Subsection C, and added Subsection E.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 10 - Food Donors Liability › Section 41-10-3 - Food donors liability protection; purpose; donors or distributors of canned or perishable food; limit on liability for injury.

A. Notwithstanding any other provision of law, any person who donates food in good faith, including the good-faith donor of any perishable or canned food, apparently fit for human consumption, to a bona fide charitable or nonprofit organization or municipality for free distribution or a gleaner of any perishable food, apparently fit for human consumption, shall not be subject to any criminal penalty or be liable for any civil damages arising from the condition of the food unless an injury arising from the food is caused by the gross negligence, recklessness or intentional conduct of the person who donates the food.
B. Notwithstanding any other provision of law, a bona fide charitable or nonprofit organization or municipality which in good faith receives food, apparently fit for human consumption, and distributes it at no charge shall not be subject to any criminal penalty or be liable for any civil damages resulting from the condition of the food unless an injury arising from the food is caused by the gross negligence, recklessness or intentional conduct of the organization.
C. This section does not restrict the authority of an appropriate governmental agency to regulate or ban the use of any food for human consumption.
History:
Laws 1981, ch. 100, § 3; 1987, ch. 137, § 1; 1989, ch. 168, § 2.
ANNOTATIONS
The 1989 amendment,
effective June 16, 1989, inserted "Food donors liability protection; purpose" in the catchline; and in Subsection A inserted "any person who donates food in good faith, including" near the beginning of the subsection and substituted "person who donates the food" for "donor or gleaner" at the end of the subsection.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 10 - Food Donors Liability › Section 41-10-4 - Community college culinary programs as distributors of food.

Culinary programs at community colleges may prepare food to be delivered off campus for donation to social service agency clients or food provider programs to the needy, indigent or hungry.
History:
Laws 1993, ch. 133, § 1.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 10 - Food Donors Liability › Section 41-10-5 - Donated game meat products.

A. Wild game meat products may be donated by hunters, taken to a commercial meat processor for preparation and delivery to charitable, religious or other nonprofit organizations and served for human consumption at no charge if transported, stored and processed according to procedures established by the department of environment.
B. For purposes of this section, "wild game" means deer, elk, antelope, caribou, ibex, oryx and Barbary sheep.
History:
Laws 1997, ch. 78, § 1.
ANNOTATIONS
Effective dates.
— Laws 1997, ch. 78 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective on June 20, 1997, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 12 - Athletic Organization Volunteers › Section 41-12-1 - Athletic organization volunteer civil liability; conviction of violation of law required.

Any person or entity who acts without compensation and renders volunteer services as a manager, coach, athletic instructor, umpire, referee or other league official in a formally organized nonprofit sports association for persons under the age of eighteen, to the extent not otherwise covered by insurance, is not liable to any person for any civil damages as a result of any negligent acts or omissions in rendering those services or in conducting or sponsoring that sports program unless:
A. the conduct of that person or entity falls substantially below the standards generally accepted and practiced in the sport in like circumstances by similar persons or similar nonprofit associations rendering those services or conducting that program;
B. it was reasonably foreseeable that the person's or entity's conduct would create a substantial risk of injury or death to the person or property of another; and
C. the harm complained of was not a part of the ordinary give and take common to the particular sport.
History:
Laws 1989, ch. 345, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 1989, ch. 345, § 3 contained an emergency clause and was approved April 7, 1989.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 12 - Athletic Organization Volunteers › Section 41-12-2 - Interpretation.

Nothing contained in this act [41-12-1, 41-12-2 NMSA 1978] shall be construed so as to affect or limit the liability of any person or entity identified in Section 1 [41-12-1 NMSA 1978] of this act which:
A. relates to the transportation of participants in a sports program to or from a game, event or practice; or
B. is not a part of a formally organized nonprofit sports program.
History:
Laws 1989, ch. 345, § 2.
ANNOTATIONS
Emergency clauses.
— Laws 1989, ch. 345, § 3 contained an emergency clause and was approved April 7, 1989.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 13 - Governmental Immunity › Section 41-13-1 - Short title.

Sections 2 through 4 [41-13-1 to 41-13-3 NMSA 1978] of this act may be cited as the "Governmental Immunity Act".
History:
Laws 1999, ch. 268, § 2.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 268 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on June 18, 1999, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 13 - Governmental Immunity › Section 41-13-2 - Definitions.

As used in the Governmental Immunity Act:
A. "employment" includes services provided by an immune contractor;
B. "governmental entity" means the state or a local public body;
C. "immune contractor" means a person that:
(1) is an independent contractor; and
(2) contracts with a governmental entity to provide:
(a) care for children in the custody of the human services department [health care authority department], corrections department or department of health, as a licensed foster parent, excluding foster parents certified by a licensed child placement agency; or
(b) services to the children, youth and families department or the corrections department as a licensed medical, psychological or dental arts practitioner;
(3) is a member of:
(a) a state or local selection panel established pursuant to the Juvenile Community Corrections Act [Chapter 33, Article 9A NMSA 1978];
(b) a state or local selection panel established pursuant to the Adult Community Corrections Act [Chapter 33, Article 9 NMSA 1978];
(c) the board of directors of the New Mexico comprehensive health insurance pool;
(d) a medical review board, a committee or panel established by the educational retirement board or the retirement board of the public employees retirement association;
(e) the board of directors of the New Mexico educational assistance foundation; or
(f) the board of directors of the New Mexico student loan corporation; or
(4) is a volunteer, employee or board member of a court-created special advocate program;
D. "local public body" means a political subdivision of the state and its agencies, instrumentalities and institutions and a water and natural gas association organized pursuant to Chapter 3, Article 28 NMSA 1978;
E. "public employee" means a natural person that is an officer or employee of a governmental entity; and
F. "state" means the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions.
History:
Laws 1999, ch. 268, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Effective dates.
— Laws 1999, ch. 268 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on June 18, 1999, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 13 - Governmental Immunity › Section 41-13-3 - Governmental civil immunity established.

A governmental entity, a public employee and an immune contractor are not liable for damages arising out of a claim based upon tort, contract or other civil law claim and caused directly or indirectly by the failure or malfunction of computer hardware, computer software, microchip controlled firmware or other equipment affected by the failure to accurately or properly process dates or times if the failure or malfunction:
A. occurred before December 31, 2005;
B. occurred within the scope of employment of the public employee or within the scope of the contract or the volunteer service program of the immune contractor; and
C. was unforeseeable or was foreseeable but the plan or design, or both, for identifying and preventing it was prepared and implemented in good faith and with the exercise of ordinary care.
History:
Laws 1999, ch. 268, § 4.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 268 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on June 18, 1999, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 14 - Space Flight Informed Consent › Section 41-14-1 - Short title.

Chapter 41, Article 14 NMSA 1978 may be cited as the "Space Flight Informed Consent Act".
History:
Laws 2010, ch. 8, § 1; 2013, ch. 131, § 1.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 88, § 2, effective June 18, 2021, repealed Laws 2010, ch. 8, § 5, as amended by Laws 2013, ch. 131, § 4, which would have repealed the Space Flight Informed Consent Act, effective July 1, 2021.
The 2013 amendment,
effective June 14, 2013, added the NMSA chapter and article for the Space Flight Informed Consent Act; and at the beginning of the sentence, changed "this act" to "Chapter 41, Article 14 NMSA 1978".
2023 New Mexico Statutes › Chapter 41 - Torts › Article 14 - Space Flight Informed Consent › Section 41-14-3 - Limited liability.

A. Except as provided in Subsection B of this section, a space flight entity is not liable for injury to or death of a participant resulting from the inherent risks of space flight activities so long as the warning contained in Section 41-14-4 NMSA 1978 is distributed and signed as required. Except as provided in Subsection B of this section, a participant or participant's representative may not maintain an action against or recover from a space flight entity for the loss, damage or death of the participant resulting exclusively from any of the inherent risks of space flight activities.
B. Subsection A of this section does not prevent or limit the liability of a space flight entity if the space flight entity:
(1) commits an act or omission that constitutes willful, wanton or reckless disregard for the safety of the participant and that act or omission proximately causes injury, damage or death to the participant;
(2) has actual knowledge or reasonably should have known of a dangerous condition on the land or in the facilities or equipment used in the space flight activities and the danger proximately causes injury, damage or death to the participant; or
(3) intentionally injures the participant.
C. A space flight entity shall present to and file with the spaceport authority a certificate of insurance coverage in the amount of at least one million dollars ($1,000,000) that covers liability by the space flight entity for all space flight activities. No space flight entity that fails to maintain the insurance requirements of this section shall receive any of the protections afforded by the Space Flight Informed Consent Act.
D. The limitation on legal liability provided to a space flight entity by the Space Flight Informed Consent Act is in addition to any other limitation of legal liability otherwise provided by law.
History:
Laws 2010, ch. 8, § 3; 2013, ch. 131, § 3.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 88, § 2, effective June 18, 2021, repealed Laws 2010, ch. 8, § 5, as amended by Laws 2013, ch. 131, § 4, which would have repealed the Space Flight Informed Consent Act, effective July 1, 2021.
The 2013 amendment,
effective June 14, 2013, changed the circumstances under which a space flight entity is liable under the act; in the title, deleted "civil immunity for space flight entities" and added "Limited liability"; in Subsection A, in the first sentence, after "Section", deleted "4 of the Space Flight Informed Consent Act" and added "41-14-4 NMSA 1978"; in Paragraph (1) of Subsection B, after "omission that constitutes", deleted "gross negligence or" and after "wanton or", added "reckless"; and added Subsection C.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 14 - Space Flight Informed Consent › Section 41-14-4 - Warning and acknowledgment required.

A. A space flight entity providing space flight activities to a participant, whether the activities occur on or off the site of a facility capable of launching a suborbital flight, shall have each participant sign a warning statement. The warning statement shall contain, at a minimum, the following statement:
"WARNING AND ACKNOWLEDGMENT
I understand and acknowledge that under New Mexico law, there is no liability for injury to or death sustained by a participant in a space flight activity provided by a space flight entity if the injury or death results from the inherent risks of the space flight activity. Injuries caused by the inherent risks of space flight activities may include, among others, death, bodily injury, emotional injury or property damage. I assume all risk of participating in this space flight activity.".
B. Failure to provide the warning statement requirements in this section to a participant shall prevent a space flight entity from invoking the immunity provided by this section with regard to that participant.
History:
Laws 2010, ch. 8, § 4.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 88, § 2, effective June 18, 2021, repealed Laws 2010, ch. 8, § 5, as amended by Laws 2013, ch. 131, § 4, which would have repealed the Space Flight Informed Consent Act, effective July 1, 2021.
Effective dates.
— Laws 2010, ch. 8 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 1 - Eminent Domain Generally (Repealed, Recompiled.) › Section 42-1-1 to 42-1-39 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 125, § 62, repealed 42-1-1 to 42-1-39 NMSA 1978, relating to eminent domain, effective July 1, 1981. For present provisions,
see
42A-1-1 through 42A-1-33 NMSA 1978.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 1 - Eminent Domain Generally (Repealed, Recompiled.) › Section 42-1-40 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1981, ch. 125, § 60, recompiled 42-1-40 NMSA 1978, relating to statutes of limitations for actions against state agencies or political subdivisions, as 42A-1-31 NMSA 1978, effective July 1, 1981.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 2 - Special Alternative Condemnation Procedure › Section 42-2-2 - Definitions.

As used in this act [42-2-1 to 42-2-16 NMSA 1978], "state" includes any commission, department, institution, bureau or agency thereof as well as all political subdivisions of the state.
History:
1953 Comp., § 22-9-40, enacted by Laws 1959, ch. 324, § 2.
ANNOTATIONS
State highway commission (now state transportation commission) authorized by legislature to acquire property.
— The state highway commission (now state transportation commission) is a department of the state of New Mexico, and authorized by the legislature to acquire property for highway purposes.
State ex rel. State Hwy. Comm'n v. Burks
, 1968-NMSC-121, 79 N.M. 373, 443 P.2d 866.
Acquiring land for county sewage disposal facility.
— The governing body of a county has the power of eminent domain for the purpose of acquiring land for a county sewage disposal facility, including a sewage lagoon. 1963 Op. Att'y Gen. No. 63-75.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
72 Am. Jur. 2d States, Territories, and Dependencies §§ 2, 3.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 2 - Special Alternative Condemnation Procedure › Section 42-2-3 - Purpose.

Unless otherwise specifically provided by law:
A. the state may acquire, either temporarily or permanently, public or privately owned lands, real property or any interests therein, including water rights or any easements deemed necessary or desirable for present or future public road, street or highway purposes by gift, agreement, purchase, exchange, condemnation or otherwise. Such lands or interests in real property may be acquired in fee simple;
B. present or future public road, street or highway purposes include the taking of personal property, land or any interest in real property, under the Highway Beautification Act [67-12-1 to 67-12-15 NMSA 1978];
C. the state may use the special alternative procedure to acquire lands or any interest therein for any public purpose for which the power of eminent domain may be properly exercised; and
D. for the purposes provided in Subsections A through C of this section, when state-owned property must be taken, the state board of finance shall first determine the greater public need, unless the state defendant in whom title is vested concedes that the purpose for which the property is sought to be taken is the greater public need.
History:
1953 Comp., § 22-9-41, enacted by Laws 1959, ch. 324, § 3; 1966, ch. 65, § 15; 1981, ch. 125, § 49.
ANNOTATIONS
The 1981 amendment,
effective on July 1, 1981, added the introductory paragraph, substituted "provided in Subsections A through C of this section" for "above provided" in Subsection D and made other minor changes.
Generally.
— By its title, the act (Sections 42-2-1 to 42-2-16 NMSA 1978) is one providing an alternative procedure whereby public or private property may be condemned for highway purposes.
State ex rel. State Hwy. Comm'n v. Board of Cnty. Comm'rs
, 1963-NMSC-074, 72 N.M. 86, 380 P.2d 830.
Legislative approval prior to condemnation by state highway department unnecessary.
— Even though legislative approval prior to condemnation by the state highway department is not necessary under this section, 13-6-2 NMSA 1978, still controls the distribution of proceeds from the sale or condemnation. 1969 Op. Att'y Gen. No. 69-144.
Condemnation of Indian lands.
— The state highway department may condemn lands belonging to the intertribal Indian ceremonial association without legislative approval if the provisions of this section are complied with. 1969 Op. Att'y Gen. No. 69-144.
Law reviews.
— For note, "Cultural Properties Act - Turley v. State and the New Mexico Cultural Properties Act: A Matter of Interpretation," see 13 N.M.L. Rev. 737 (1983).
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 2 - Special Alternative Condemnation Procedure › Section 42-2-4 - Authority to acquire.

In connection with the acquisition of property or property rights the state may by order of the court acquire an entire lot, block or tract of land if by so doing the interests of the public will be best served.
History:
1953 Comp., § 22-9-41.1, enacted by Laws 1965, ch. 158, § 1.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 2 - Special Alternative Condemnation Procedure › Section 42-2-7 - Service; personal or by publication.

A. Personal service, either within or without the state, of the petition, notice of condemnation and the notice of the preliminary order of entry, if any, shall be made and had in the manner as provided in the Rules of Civil Procedure, Rule 4(e), Subsections 1 to 6 inclusive [Rule 1-004 F(1) to F(6) NMRA], or as they may be amended.
B. If the name or residence of any owner be unknown, or if the owners or any of them do not reside within the state, or cannot be found therein, and are not served as hereinbefore provided, the required service and notice shall be given by publication of notice thereof for two consecutive weeks, the last publication to be at least three days prior to any default date, in a newspaper published in the county in which the proceedings are pending, if one is published in that county; if no newspaper is published in such county, then a newspaper published in another county, having a general circulation in the county wherein such proceedings are pending. When the address of any defendant who resides out of state is known to the petitioner, the publication shall be made as aforesaid and in addition, a copy of the petition and required notice thereof and the notice of the preliminary order entered, if any, shall be mailed to said defendant at such address, at least ten days prior to any default date on the preliminary order.
C. Personal service outside the state of any pleading or notice shall be equivalent to publication and mailing, and such personal service of the notice of entry of a preliminary order shall commence the running of the ten-day period within which objections may be made to the granting of a permanent order. Return of such service shall be by affidavit of the person making the same.
History:
1953 Comp., § 22-9-44, enacted by Laws 1959, ch. 324, § 6.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
27 Am. Jur. 2d Eminent Domain §§ 478, 487, 498, 499.
Permissible modes of service of notice of eminent domain proceedings, 89 A.L.R.2d 1404.
29A C.J.S. Eminent Domain §§ 240 to 244, 246.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 2 - Special Alternative Condemnation Procedure › Section 42-2-8 - Contents of answer.

The defendant shall set forth in his answer the following:
A. the estate or interest in each tract or parcel of property taken or described in the petition in which the defendant has any interest;
B. the name and address of anyone claiming any interest in such tract or parcel of property known to the defendant and the amount of such interest;
C. the amount which the defendant claims as just compensation for the property taken or described in the petition and the amount, if any, of the various elements of damage, including damage to any remaining portion of a contiguous tract owned or controlled by the defendant;
D. the highest and best use to which the property is adapted;
E. a description of the total tract owned by the defendant or in which he claims an interest, which has been damaged by the taking or the proposed improvement;
F. any other material or pertinent matter with regard to damages known to the defendant.
History:
1953 Comp., § 22-9-45, enacted by Laws 1959, ch. 324, § 7; 1967, ch. 207, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
27 Am. Jur. 2d Eminent Domain §§ 527 et seq., 895.
29A C.J.S. Eminent Domain §§ 261, 262.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 2 - Special Alternative Condemnation Procedure › Section 42-2-9 - Time for answering.

The defendant or his attorney shall file his answer to the petition within thirty days after service of the petition and notice.
History:
1953 Comp., § 22-9-46, enacted by Laws 1959, ch. 324, § 8; 1967, ch. 207, § 2.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 2 - Special Alternative Condemnation Procedure › Section 42-2-10 - Intervention.

All persons in occupation of, or having or claiming an interest in, any of the property described in the petition or in the damages, if any, for the taking thereof, though not named, may appear, plead and defend, each in respect to his own property or interest, or that claimed by him, in like manner as if named in the petition, at any time prior to trial.
History:
1953 Comp., § 22-9-47, enacted by Laws 1959, ch. 324, § 9.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
27 Am. Jur. 2d Eminent Domain §§ 517, 518.
Right of adjoining landowner to intervene in condemnation proceedings on ground that they might suffer consequential damage, 61 A.L.R.2d 1292.
29A C.J.S. Eminent Domain §§ 232, 398.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 2 - Special Alternative Condemnation Procedure › Section 42-2-11 - Election of trial by court or jury.

Any party desiring to try the cause before a jury, shall make demand and deposit jury fees pursuant to Rule 38, Rules of Civil Procedure [Rule 1-038 NMRA], and any other applicable rules of civil procedure.
The court with or without a jury may separately try the case involving each tract of land affected which is under different ownership, or separate tracts under the same ownership.
History:
1953 Comp., § 22-9-48, enacted by Laws 1959, ch. 324, § 10; 1967, ch. 207, § 3.
ANNOTATIONS
Demand for jury by one defendant not demand for others.
— In an eminent domain proceeding, the property interests of one condemnee are a claim separate from another. Therefore, each party who waives trial by jury shall be tried by the court separately (or together, unless severance is ordered) and a demand for jury trial made by certain defendants does not act as a demand for other defendants.
El Paso Elec. v. Real Estate Mart, Inc.
, 1982-NMCA-101, 98 N.M. 490, 650 P.2d 12, cert. denied, 98 N.M. 590, 651 P.2d 636.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
27 Am. Jur. 2d Eminent Domain §§ 558 et seq., 897, 898.
Right to have view by jury in condemnation proceedings, 77 A.L.R.2d 548.
29A C.J.S. Eminent Domain §§ 290, 292.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 2 - Special Alternative Condemnation Procedure › Section 42-2-12 - Time of trial.

A. The court, upon notice by petitioner that the time for an answer has expired as to all defendants served either personally or by publication, shall forthwith set the cause for trial giving the cause preference over all other civil causes in which the public interest is not involved.
B. The court upon such notice shall immediately impanel a special jury, if necessary, in the county in which the cause is to be tried for the sole purpose of trying said cause, unless the court in its discretion desires in the furtherance of justice to allow other matters to be tried before it at that time.
History:
1953 Comp., § 22-9-49, enacted by Laws 1959, ch. 324, § 11.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 2 - Special Alternative Condemnation Procedure › Section 42-2-13 - Argument.

In any condemnation action brought under the provisions of this act [42-2-1 to 42-2-16 NMSA 1978], the defendant shall have the burden of proceeding and the right to commence and conclude the argument.
History:
1953 Comp., § 22-9-50, enacted by Laws 1959, ch. 324, § 12.
ANNOTATIONS
Lessee bears burden in suit to apportion award.
— Since, in eminent domain proceedings, the owner has the burden of establishing his damages and must open and close the evidence as well as the arguments, the burden was on lessee of condemned property to establish her damages in suit to apportion condemnation award between lessee and fee owner.
State ex rel. State Hwy. Comm'n v. Sherman
, 1971-NMSC-009, 82 N.M. 316, 481 P.2d 104.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Admissibility, and effect of admission, in condemnation proceedings of plans and specifications as regards the work to be done on, or the particular use to be made of, the land in question, 89 A.L.R. 879.
Admissibility, in eminent domain proceeding, of evidence as to price paid for condemned real property during pendency of the proceeding, 55 A.L.R.2d 781.
How to obtain jury trial in eminent domain: waiver, 12 A.L.R.3d 7.
Propriety and effect, in eminent domain proceeding, of argument or evidence as to landowner's unwillingness to sell property, 17 A.L.R.3d 1449.
Propriety and effect, in eminent domain proceeding, of argument or evidence as to source of funds to pay for property, 19 A.L.R.3d 694.
Propriety and effect, in eminent domain proceeding, of instruction to the jury as to landowner's unwillingness to sell property, 20 A.L.R.3d 1081.
Propriety and effect of argument or evidence as to financial status of parties in eminent domain proceeding, 21 A.L.R.3d 936.
Admissibility, on issue of value of condemned real property, of rental value of other real property, 23 A.L.R.3d 724.
Admissibility of photographs or models of property condemned, 23 A.L.R.3d 825.
Admissibility of evidence of proposed or possible subdivision or platting of condemned land on issue of value in eminent domain proceedings, 26 A.L.R.3d 780.
Admissibility of testimony of expert, as to basis of his opinion, to matters otherwise excludible as hearsay - state cases, 89 A.L.R.4th 456.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 2 - Special Alternative Condemnation Procedure › Section 42-2-14 - Default.

A. If any defendant who has appeared in the cause shall fail to appear at the time set for trial, whether such trial be set before the court with or without a jury, the court shall direct that his default be entered and shall conduct such hearings as it deems necessary and proper to determine the amount of just compensation due to the defendant.
B. If any defendant has failed to appear or answer within the time allowed, and the clerk has entered his default, then the court shall conduct such hearings as it deems necessary and proper to determine the amount of just compensation due the defendant.
C. For the purpose of the hearing required in Subsection [Subsections] A and B above, the court may consider by affidavit or other proof of the value of the property taken, the damage, if any, which may result from the occupation and condemnation, and the amount offered as set forth in the petition and shall enter such judgment as it deems proper.
History:
1953 Comp., § 22-9-51, enacted by Laws 1959, ch. 324, § 13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Section complies with constitutional standards.
— This section contemplates that after entry of default by the clerk, the court shall conduct a hearing and determine the amount of just compensation due a condemnee. This is in recognition of N.M. Const., art. II, §§ 18 and 20.
Board of Cnty. Comm'rs v. Boyd
, 1962-NMSC-090, 70 N.M. 254, 372 P.2d 828.
Civil rule applies to section.
— Rule 1-055 B NMRA is applicable to entry of default in eminent domain proceedings filed under "special alternative procedure," and failure to give required notice requires an appellate court to reverse a default judgment.
Board of Cnty. Comm'rs v. Boyd
, 1962-NMSC-090, 70 N.M. 254, 372 P.2d 828.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 2 - Special Alternative Condemnation Procedure › Section 42-2-16 - Proof of payment; recording judgment.

After the petitioner 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 thereon.
A copy of this judgment showing payment shall be recorded in the office of the county clerk of the county in which the property is situate, and thereupon the title or interest in the property affected shall vest in the petitioner.
History:
1953 Comp., § 22-9-53, enacted by Laws 1959, ch. 324, § 15; 1961, ch. 75, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 1961, ch. 75, § 2 contained an emergency clause and was approved March 8, 1961.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
26 Am. Jur. 2d Eminent Domain § 138 et seq.; 27 Am. Jur. 2d Eminent Domain §§ 288 et seq., 719 et seq.
29A C.J.S. Eminent Domain §§ 178, 179, 183, 343.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 2 - Special Alternative Condemnation Procedure › Section 42-2-17 - Purpose of act.

The purpose of this act [42-2-17 to 42-2-21 NMSA 1978] is to clarify certain matters of practice and procedure in the special alternative procedure in eminent domain.
History:
1953 Comp., § 22-9-55, enacted by Laws 1963, ch. 248, § 1.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 2 - Special Alternative Condemnation Procedure › Section 42-2-18 - Application of Rules of Civil Procedure.

The Rules of Civil Procedure shall apply to the special alternative procedure in eminent domain except where special provisions are found in the special alternative procedure which conflict with the Rules of Civil Procedure and then the Rules of Civil Procedure shall not apply.
History:
1953 Comp., § 22-9-56, enacted by Laws 1963, ch. 248, § 2.
ANNOTATIONS
Rule and section similar in effect.
— There is no material difference in the effect of Rule 1-001 NMRA and this section. Both provide that the Rules of Civil Procedure shall apply to eminent domain proceedings except where there are inconsistent rules or statutory provisions.
State ex rel. State Hwy. Comm'n v. Burks
, 1968-NMSC-121, 79 N.M. 373, 443 P.2d 866.
Depositions and discovery by defendant permitted.
— Trial court did not err in authorizing defendants to propound interrogatories, obtain production of documents and take a deposition based thereon under the statute.
State ex rel. State Hwy. Dep't v. Fox Trailer Court
, 1971-NMSC-097, 83 N.M. 178, 489 P.2d 1176.
Rules for dismissal of actions is applicable to highway condemnation proceeding.
State ex rel. State Hwy. Comm'n v. Burks
, 1968-NMSC-121, 79 N.M. 373, 443 P.2d 866.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 2 - Special Alternative Condemnation Procedure › Section 42-2-19 - Disqualification of judge; effect.

A. Whenever a party or parties to any special alternative proceeding in eminent domain shall make and file an affidavit that the judge before whom the proceeding is pending, whether he be the resident judge or a judge designated by such resident judge, cannot, according to the belief of the party to said proceeding making such affidavit, preside over the same with impartiality, such affidavit shall operate as an automatic severance of the proceedings as to all tracts in which the disqualifying party or parties has an interest. Nothing herein shall be construed to authorize separate trials of different interests in the same tract.
Another judge shall be designated for the trial of the proceeding as to the severed portion thereof by agreement of counsel representing the respective parties. Upon the failure of such counsel to agree, then such facts shall be certified to the chief justice of the supreme court of New Mexico, and the chief justice shall thereupon designate the judge to try the severed portion of such proceeding.
B. Such affidavit shall be filed within the time allowed for filing objections to the preliminary order of entry and not thereafter.
History:
1953 Comp., § 22-9-57, enacted by Laws 1963, ch. 248, § 3.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 2 - Special Alternative Condemnation Procedure › Section 42-2-20 - Waiver of bond.

The surety bond required to be executed and filed by petitioner to the benefit of the defendants under Section 42-2-6B NMSA 1978 of the special alternative procedure in eminent domain may be waived by the court in its discretion.
History:
1953 Comp., § 22-9-58, enacted by Laws 1963, ch. 248, § 4.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 2 - Special Alternative Condemnation Procedure › Section 42-2-21 - Costs.

If the total amount of the final judgment exceeds the total amount offered by petitioner, excluding interest, for the tract or tracts for which the judgment is rendered, the petitioner shall bear all taxable costs or fees as in any other action or proceeding.
History:
1953 Comp., § 22-9-59, enacted by Laws 1963, ch. 248, § 5.
ANNOTATIONS
Section differs materially and substantially from Section 42-1-8 NMSA 1978.
State ex rel. State Hwy. Comm'n v. Chavez, 80 N.M. 394, 456 P.2d 868 (1969) (decided, now repealed, under prior law).
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 2 - Special Alternative Condemnation Procedure › Section 42-2-22 - [Flood control; appropriation of land; compensation for immediate use.]

The state or any political subdivision thereof, may also use the special alternative procedure in eminent domain set forth in Sections 42-2-1 through 42-2-21 NMSA 1978 (being Laws 1959, Chapter 324, Sections 1 through 16 and Laws 1963, Chapter 248, Sections 1 through 5) to the extent it is otherwise authorized by law to exercise the power of eminent domain to acquire, either temporarily or permanently, public or privately owned lands, real property or any interests therein for the acquisition, construction, operation or maintenance of facilities for the carrying, channeling, impounding or disposition of storm, flood or surface drainage waters.
Provided, however, that no order of entry to any property being taken under the special alternative procedure for the acquisition, construction, operation and maintenance of facilities for the carrying, channeling, impounding or disposition of storm, flood or surface drainage waters may be granted until there is deposited with the clerk of the district court a warrant for seventy-five percent of the amount offered as just compensation for the immediate use, under such conditions as the court may deem appropriate, of all persons having an estate or interest in such property, and the final judgment shall not include interest from the date of such deposit on the amount of such advance payment.
History:
1953 Comp., § 22-9-61, enacted by Laws 1964 (1st S.S.), ch. 14, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1959, ch. 324, § 16, compiled as 27-9-54, 1953 Comp., referred to in the first paragraph of this section, was repealed by Laws 1966, ch. 65, § 16.
Emergency clauses.
— Laws 1964 (S.S.), ch. 14, § 4 contained an emergency clause and was approved March 2, 1964.
Severability.
— Laws 1964 (S.S.), ch. 14, § 3 provided for the severability of the act if any part or application thereof was held invalid.
Cross references.
— For right of eminent domain under Arroyo Flood Control Act,
see
72-16-2C and 72-16-20C NMSA 1978.
For right of eminent domain under Las Cruces Arroyo Flood Control Act,
see
72-17-2C and 72-17-20C NMSA 1978.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 2 - Special Alternative Condemnation Procedure › Section 42-2-23 - Condemnation of property in excess of need; sale to prior owner; price.

In the event the state, a state agency or other entity condemns property in excess of the dimensions or amount necessary for public use, as determined by the condemnor, if such determination occurs within five years of the date of condemnation, the prior owner from whom the property was taken, or his personal representative or heirs, shall have the option to purchase the property determined to be in excess. Such persons may purchase such property at a price equal to the price paid for such excess property by the condemnor to the prior owner at the time of taking, plus interest at the rate of six percent per year, for the period beginning with the date the prior owner received final payment for the land taken, and ending when the notice of intent to dispose is mailed, less the amount of any liens which attached against the property while it was held by the condemnor.
The notice of intent to dispose shall be mailed to the last known address of the prior owner by certified mail with a return receipt requested. The notice shall notify the prior owner of his right to purchase, specify which portion of the property of the prior owner is available for purchase by him, the number of acres available, the amount of money, both the principal and interest it will require to repurchase it and the amount of any liens which may be deducted from the purchase price. If within thirty days after mailing the notice of intent to dispose, the prior owner or his personal representative or heirs elect to exercise the option to purchase, the condemnor shall enter into an agreement prepared and approved by the attorney general, if the condemnor is a state agency, and by appropriate legal officer of the entity if the condemnor is an entity other than a state agency for the sale of the surplus land to the prior owner, his personal representative or heirs.
If the prior owner, his personal representative or heirs have not elected to exercise the option within thirty days from the date of mailing the notice of intent to dispose, the condemnor shall sell the property at public sale.
History:
1953 Comp., § 22-9-62, enacted by Laws 1967, ch. 206, § 1; 1981, ch. 126, § 1.
ANNOTATIONS
The 1981 amendment,
effective March 21, 1981, deleted "and if such excess property exceeds one acre in size" preceding "the prior owner" near the middle of the first sentence of the first undesignated paragraph, substituted "the" for "an" preceding "option" near the end of the first sentence of the first undesignated paragraph and substituted "last known" for "last-known" in the first sentence of the second undesignated paragraph.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 2 - Special Alternative Condemnation Procedure › Section 42-2-24 - Exclusion of certain property.

This act [42-2-23, 42-2-24 NMSA 1978] shall not apply to any land which at the time of condemnation was wholly within the boundary of an incorporated municipality.
History:
1953 Comp., § 22-9-67, enacted by Laws 1967, ch. 206, § 6.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 3 - Relocation Assistance › Section 42-3-1 - Short title.

Chapter 42, Article 3 NMSA 1978 may be cited as the "Relocation Assistance Act".
History:
1953 Comp., § 22-9A-1, enacted by Laws 1972, ch. 41, § 1; 1989, ch. 121, § 1.
ANNOTATIONS
Cross references.
— For relocation of municipally owned facilities,
see
67-8-21 NMSA 1978.
The 1989 amendment,
effective March 30, 1989, substituted "Chapter 42, Article 3 NMSA 1978" for "This act".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Validity, construction, and application of state relocation assistance laws, 49 A.L.R.4th 491.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 3 - Relocation Assistance › Section 42-3-3 - Relocation program.

The displacing agency, as a part of the cost of a program or project, may establish and provide for a program providing fair and reasonable relocation and other payments for persons displaced by a program or project and to carry out relocation assistance programs for displaced persons.
History:
1953 Comp., § 22-9A-4, enacted by Laws 1972, ch. 41, § 4; 1989, ch. 121, § 3.
ANNOTATIONS
The 1989 amendment,
effective March 30, 1989, inserted "displacing" near the beginning of the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
27 Am. Jur. 2d §§ 391, 392, 406; 39 Am. Jur. 2d Highways, Streets, and Bridges §§ 19, 131, 277.
29A C.J.S. Eminent Domain §§ 101, 102, 131, 132, 152, 153.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 3 - Relocation Assistance › Section 42-3-4 - Administration.

In order to prevent unnecessary expense and duplication of functions and to promote uniform and effective administration of relocation assistance programs for displaced persons, any displacing agency may make relocation payments, provide relocation assistance or otherwise carry out the provisions of the Relocation Assistance Act by entering into an agreement to utilize the facilities, personnel and services of any agency having an established organization for conducting relocation assistance programs.
History:
1953 Comp., § 22-9A-5, enacted by Laws 1972, ch. 41, § 5; 1989, ch. 121, § 4.
ANNOTATIONS
The 1989 amendment,
effective March 30, 1989, inserted "displacing" near the beginning of the section, and deleted "federal, state or local governmental" preceding "agency" near the end of the section.