Section 42A-3-2 – Condemnation of property by state institutions.
If it is deemed necessary by the board of regents of a state educational institution enumerated in Article 12, Section 11 of the constitution of New Mexico or of [by] the governing bodies of other state institutions to condemn property for the public use of such institutions, the governing bodies may acquire in the name […]
Section 42A-3-3 – Street improvements; condemnation of ditch, canal or acequia by municipality; authorization[;] protest.
A. The governing body of any municipality may, when it is for the best interest of such municipality for the improvement, extension or widening of any street, alley or avenue in such municipality to do away with any ditch, canal or acequia lying within, upon or adjacent to any such street, alley or avenue or […]
Section 42A-4-1 – Spanish or Mexican land grants; parties defendant; commissioners’ report.
A. If any part of a tract of land confirmed by special act of congress or by a decree of the court of private land claims as a Spanish or Mexican land grant, is sought to be condemned for any of the purposes provided for under the provisions of the Eminent Domain Code [42A-1-1 to […]
Section 42A-2-3 – Property of public utilities.
A. If the property to be condemned is held by any public utility corporation, the right to condemn such property by a railroad, telephone or telegraph company is limited to such use as shall not materially interfere with the uses to which by law the public utility corporation holding the property is authorized to use […]
Section 42A-2-4 – Jurisdiction of courts; joint use.
Except as provided in Section 62-1-4 NMSA 1978, the court shall have the power to regulate and determine the place and manner of making railroad connections and crossings, or of using in common use as provided in Section 42A-2-3 NMSA 1978. History: 1978 Comp., § 42A-2-4, enacted by Laws 1981, ch. 125, § 32. ANNOTATIONS […]
Section 42A-3-1 – State, county, municipality or school district; appropriation of property; nature of interest.
A. Property may also be condemned by the state, any county, municipality or school district for the public use of the state, county, municipality or school district for: (1) public buildings and grounds; (2) canals, aqueducts, reservoirs, tunnels, flumes, ditches, conduits for conducting or storing water for drainage, the raising of banks of streams and […]
Section 42A-1-29 – Property taken or damaged without compensation or condemnation proceedings; right of action by condemnee.
A. A person authorized to exercise the right of eminent domain who has taken or damaged or who may take or damage any property for public use without making just compensation or without instituting and prosecuting to final judgment in a court of competent jurisdiction any proceeding for condemnation is liable to the condemnee, or […]
Section 42A-1-30 – Adverse possession; statute of limitation.
The defendant to an action brought pursuant to Section 42A-1-29 NMSA 1978 may plead adverse possession as defined by Section 37-1-22 NMSA 1978 or acquisition by prescription as a defense to the action, but no other statute of limitation shall be applicable or pleaded as a defense thereto except as provided in Section 42A-1-31 NMSA […]
Section 42A-1-31 – Property taken or damaged by state agencies or political subdivisions; statutes of limitations.
A. No action or proceeding shall be commenced against any state agency or political subdivision by any person claiming an interest in property acquired or held by a state agency or political subdivision unless such action is brought within three years from the date such person was first entitled to reclaim his interest in the […]
Section 42A-1-32 – Costs; compensation of commissioners.
A. Except as expressly provided by law, the costs of the proceedings to condemn property shall be paid by the party seeking the condemnation, including the costs of the final report of the commissioners if applicable. B. If applicable, the court shall allow the commissioners reasonable compensation for their services. Such compensation shall be taxed […]