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, […]
Section 42A-1-22 – Order of immediate possession prior to judgment.
A. At the time of filing the petition, the condemnor may apply to the court for an order for immediate possession of the property proposed to be taken. B. Upon filing the petition, the court shall set a time for hearing within thirty days of the filing, and notice shall be given as provided in […]
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 […]
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 […]