Section 42A-1-27 – Proof of payment; recording judgment.
A. After the condemnor has made payment in full to the clerk of the district court in accordance with the judgment in the condemnation action, the clerk shall certify upon the judgment that payment has been made. B. A copy of the judgment showing payment shall be recorded in the office of the county clerk […]
Section 42A-1-28 – Imperfect titles.
If the title attempted to be acquired is found to be defective from any cause, the condemnor may institute proceedings to acquire the property as provided in the Eminent Domain Code. History: 1978 Comp., § 42A-1-28, enacted by Laws 1981, ch. 125, § 24. ANNOTATIONS Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. […]
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 […]
Section 42A-1-33 – Easement; abandonment.
Except as specifically provided by law, when an easement has been taken by eminent domain for public use and the public use is subsequently abandoned, the easement is extinguished and the possession of the property reverts to the owner or his successor in interest of the fee free from any rights in the condemnor. History: […]
Section 42A-1-34 – Sign removal by local governments; compensation.
No municipal, county or local zoning authority or any other political subdivision of the state shall remove or cause to be removed any lawfully erected and maintained advertising structure without paying just compensation. As used in this act [this section], “advertising structure” means and includes any outdoor sign, display, figure, painting, poster, billboard or similar […]
Section 42A-1-23 – Possession; no effect on other rights.
By taking possession pursuant to the provisions of Section 42A-1-22 NMSA 1978, the condemnor does not waive the right to appeal from the judgment, the right to abandon or the right to request a new trial. History: 1978 Comp., § 42A-1-23, enacted by Laws 1981, ch. 125, § 19.
Section 42A-1-24 – Determination of compensation and damages; interest.
A. For the purposes of assessing compensation and damages, the right thereto shall be deemed to have accrued as of the date the petition is filed, and actual value on that date shall be the measure of compensation for all property taken, and also the basis of damages for property not taken but injuriously affected […]