Eminent Domain Code
New Mexico · Condemnation Proceedings · §§ 42A-1-1 to 42A-1-9 · 34 sections
Overview
This act governs the procedure by which a condemning authority takes private property through eminent domain and by which the compensation owed to the owner is determined and paid. It establishes the mechanics of the condemnation case itself — an appraisal and an offer to purchase at the full appraised value, discovery and pretrial conferences, trial by jury with defined burdens and order of proof, standards for valuing a whole or partial taking around fair market value and highest and best use, and detailed rules on who may give opinion evidence of value and what that opinion may and may not rest on. It also handles the money and the aftermath: deposits held by the court and their withdrawal, investment and interest, credits for sums already paid, the consequences of failing to pay a judgment, voluntary and involuntary dismissal, restitution and damages, litigation expenses, and notice terminating the owner's occupancy.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 6 court decisions.
Most-cited authority: 634 F.3d 1170 - Alto Eldorado Partnership v. County of Santa Fe
Sections covered
- § 42A-1-1 NMSA 1978Short title
- § 42A-1-10 NMSA 1978Deposit of probable compensation
- § 42A-1-11 NMSA 1978Modification of court order permitting suitability studies
- § 42A-1-12 NMSA 1978Recovery of damages, costs and expenses
- § 42A-1-13 NMSA 1978Entries exempt
- § 42A-1-14 NMSA 1978Notice
- § 42A-1-15 NMSA 1978Rules of civil procedure
- § 42A-1-16 NMSA 1978Application
- § 42A-1-17 NMSA 1978Petition; parties
- § 42A-1-18 NMSA 1978Notice of condemnation
- § 42A-1-19 NMSA 1978Appointment of commissioners; assessment of damages; payment
- § 42A-1-2 NMSA 1978Definitions1 cite
- § 42A-1-20 NMSA 1978Report; notice of filing; exceptions
- § 42A-1-21 NMSA 1978Trial
- § 42A-1-22 NMSA 1978Order of immediate possession prior to judgment
- § 42A-1-23 NMSA 1978Possession; no effect on other rights
- § 42A-1-24 NMSA 1978Determination of compensation and damages; interest
- § 42A-1-25 NMSA 1978Litigation expenses
- § 42A-1-26 NMSA 1978Measure of damage to remainder in partial condemnation
- § 42A-1-27 NMSA 1978Proof of payment; recording judgment
- § 42A-1-28 NMSA 1978Imperfect titles
- § 42A-1-29 NMSA 1978Property taken or damaged without compensation or condemnation proceedings; right of action by condemnee3 cites
- § 42A-1-3 NMSA 1978Agreement
- § 42A-1-30 NMSA 1978Adverse possession; statute of limitation
- § 42A-1-31 NMSA 1978Property taken or damaged by state agencies or political subdivisions; statutes of limitations
- § 42A-1-32 NMSA 1978Costs; compensation of commissioners
- § 42A-1-33 NMSA 1978Easement; abandonment
- § 42A-1-34 NMSA 1978Sign removal by local governments; compensation1 cite
- § 42A-1-4 NMSA 1978Negotiation; other appraisals
- § 42A-1-5 NMSA 1978Appraisal; offer
- § 42A-1-6 NMSA 1978Preliminary efforts to purchase
- § 42A-1-7 NMSA 1978Purchase efforts waived or excused
- § 42A-1-8 NMSA 1978Entry for suitability studies1 cite
- § 42A-1-9 NMSA 1978Court order permitting entry for suitability studies
Enacted in other states
All New Mexico named statutes →
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