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§ 42A-1-8 NMSA 1978

Entry for suitability studies

Known as the Eminent Domain Code

The act spans §§ 42–42 (34 sections).

Applied in 1 court decision — leading case Palmer v. Atl. Coast Pipeline, LLC (2017)

Most recently applied in Palmer v. Atl. Coast Pipeline, LLC (July 2017)

1978 Comp., § 42A-1-6, enacted by Laws 1980, ch. 20, § 8; recompiled as § 42A-1-8 by Laws 1981, ch. 125, § 60.

A condemnor and its agents and employees may enter upon real property and make surveys, examinations, photographs, tests, soundings, borings and samplings, or engage in other activities for the purpose of appraising the property or determining whether it is suitable and within the power of the condemnor to take for public use, if the condemnor secures:

A. the written consent of the owner and, if applicable, any other person known to be in actual physical occupancy of the property to enter upon the property and undertake such activities; or

B. an order for entry from the court.

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.