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-2-1 – Railroad, telephone or telegraph company.
Any foreign or domestic railroad, telephone or telegraph company which is duly qualified and doing business in New Mexico shall have the power of eminent domain for acquiring property for public use for the purpose of constructing lines, microwave systems and structures and other communication or transportation structures and other facilities necessary for the operation […]
Section 42A-2-2 – Telephone and telegraph companies; limitations and regulations.
No telephone or telegraph company shall, by virtue of its eminent domain power, be authorized to enter or appropriate any dwelling, barn, store, warehouse or similar building erected for any commercial, agricultural or manufacturing purposes, or to erect poles so near such structure as to materially inconvenience the condemnee in their use or to damage […]
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-1-17 – Petition; parties.
A. Unless otherwise specifically provided by law, if property is sought to be appropriated for public use by a person authorized to acquire property pursuant to the laws of New Mexico, and the condemnor and the condemnee cannot agree to the transfer of the property or interest in question the condemnor may file a petition […]
Section 42A-1-18 – Notice of condemnation.
A. Upon filing a petition in condemnation in the district court, the clerk shall issue and give notice of condemnation which shall contain: (1) a copy of the petition and the appraisal, if one was prepared pursuant to Section 42A-1-5 NMSA 1978; (2) the title of the action; (3) the name or designation of the […]
Section 42A-1-19 – Appointment of commissioners; assessment of damages; payment.
A. If appraisers have not been appointed pursuant to Section 42A-1-5 NMSA 1978 and if the court is satisfied that proper notice of the petition has been given, it shall appoint up to three disinterested commissioners who are residents of the county in which the property or a part thereof is situated and who are […]
Section 42A-1-20 – Report; notice of filing; exceptions.
A. Upon the filing of the report of the commissioners prepared pursuant to Section 42A-1-19 NMSA 1978, the clerk of the court shall notify the attorneys of record for all of the parties to such proceeding who have entered appearances or, if not represented by attorney, all parties who have entered appearances at their respective […]