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§ 42-3-9 NMSA 1978

Reimbursement for expenses where condemnation does not result in acquisition or is abandoned

Known as the Relocation Assistance Act

The act spans §§ 42–42 (15 sections).

Applied in 1 court decision — leading case Dalton v. City of Las Vegas (2008)

Most recently applied in Dalton v. City of Las Vegas (June 2008)

1953 Comp., § 22-9A-10, enacted by Laws 1972, ch. 41, § 10; 1989, ch. 121, § 9.

A court having jurisdiction over a proceeding instituted by the displacing agency to acquire real property by condemnation shall, when required by federal law or by a federal grant contract governing the project or program, award the owner of any right, title or interest in the real property a sum which will reimburse the owner for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees actually incurred because of the condemnation proceedings, if:

A. the final judgment in the proceeding is that the displacing agency cannot acquire the real property by condemnation; or

B. the proceeding is abandoned by the displacing agency.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.