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-1-25 – Litigation expenses.
A. The court shall award the condemnee his litigation expenses whenever: (1) the condemnor has abandoned the condemnation proceeding; (2) the condemnation proceeding has been dismissed for any reason except when a bona fide settlement has been reached; or (3) there is a final determination that the condemnor does not have a right to take […]
Section 42A-1-26 – Measure of damage to remainder in partial condemnation.
In any condemnation proceeding in which there is a partial taking of property, the measure of compensation and damages resulting from the taking shall be the difference between the fair market value of the entire property immediately before the taking and the fair market value of the property remaining immediately after the taking. In determining […]
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-1-7 – Purchase efforts waived or excused.
A condemnor’s failure or inability to make reasonable and diligent efforts to acquire property by negotiation, make appraisals available pursuant to Subsection B of Section 42A-1-4 NMSA 1978 or appoint appraisers upon the request of the condemnee pursuant to Subsection A of Section 42A-1-5 NMSA 1978 does not bar the maintenance of a condemnation action […]