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-1-18 – 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 […]
Section 42A-1-21 – Trial.
A. Within twenty days after the filing of the petition if an appraisal has been prepared pursuant to Section 42A-1-5 NMSA 1978 or after the final confirmation of the report of the commissioners, a party may demand trial of any issues remaining in the cause. The cause shall be tried de novo, and unless waived, […]