Section 42A-1-9 – Court order permitting entry for suitability studies.
A. If the condemnor is unable to secure the written consent of the condemnee pursuant to Section 42A-1-8 NMSA 1978 and, if applicable, any other person known to be in actual physical occupancy of the property, he may apply to the court in the county where the property to be entered is located for an […]
Section 42A-1-10 – Deposit of probable compensation.
A. An order permitting entry under Section 42A-1-9 NMSA 1978 shall include a determination by the court of the probable amount that will fairly compensate the condemnee and any other person in actual physical occupancy of the property for damages, if any, for physical injury to the property and for substantial interference with possession or […]
Section 42A-1-11 – Modification of court order permitting suitability studies.
A. After notice and hearing, the court may modify an order made under Section 42A-1-9 NMSA 1978. B. If a deposit or surety bond is required or the amount required to be deposited or the amount of the surety bond is increased by an order of modification, the court shall specify the time within which […]
Section 42A-1-12 – Recovery of damages, costs and expenses.
A. A condemnor is liable to the condemnee and, if applicable, to the person in actual physical occupancy of the property for physical injury to and for substantial interference with possession or use of property caused by its entry and activities upon the property made pursuant to Section 42A-1-8 NMSA 1978. This liability may be […]
Section 42A-1-13 – Entries exempt.
The provisions of Sections 42A-1-8 through 42A-1-12 NMSA 1978 apply only to entries for suitability studies made outside of the exterior boundaries of any municipality. History: 1978 Comp., § 42A-1-11, enacted by Laws 1980, ch. 20, § 13; amended and recompiled as § 42A-1-13 by Laws 1981, ch. 125, § 9. ANNOTATIONS Recompilations. — Laws […]
Section 42A-1-14 – Notice.
If notice of a hearing or any other matter pursuant to Sections 42A-1-3 through 42A-1-12 NMSA 1978 is required, except for specific notice requirements as otherwise provided, notice shall be given: A. by mailing a copy thereof at least ten days before the time set for the hearing or determination of other matters by certified, […]
Section 42A-1-15 – Rules of civil procedure.
Unless specifically provided to the contrary in the Eminent Domain Code, or unless inconsistent with its provisions, the Rules of Civil Procedure for the District Courts govern matters pursuant to that act. History: 1978 Comp., § 42A-1-13, enacted by Laws 1980, ch. 20, § 15; amended and recompiled as § 42A-1-15 by Laws 1981, ch. […]
Section 42A-1-16 – Application.
A. The provisions of Sections 42A-1-3 through 42A-1-16 NMSA 1978 apply to all condemnation actions brought pursuant to the laws of New Mexico including those actions brought pursuant to Sections 42-2-1 through 42-2-24 NMSA 1978. B. The provisions of Sections 42A-1-3 through 42A-1-12 NMSA 1978 shall not affect the right of possession and occupancy provided […]
Section 42A-1-1 – Short title.
Sections 42A-1-1 through 42A-1-33 NMSA 1978 may be cited as the “Eminent Domain Code.” History: 1978 Comp., § 42A-1-1, enacted by Laws 1981, ch. 125, § 1. ANNOTATIONS Recompilations. — Laws 1981, ch. 125, § 1, recompiled former 42A-1-1 NMSA 1978, relating to compromise or settlement, as 42A-1-3 NMSA 1978. Cross references. — For acquisition […]