2021 New Mexico Statutes
Chapter 42 - Actions and Proceedings Relating to Property

Section 42-2-22 - [Flood control; appropriation of land; compensation for immediate use.] - The state or any political subdivision thereof, may also use...

Section 42-2-23 - Condemnation of property in excess of need; sale to prior owner; price. - In the event the state, a state agency or other...

Section 42-2-24 - Exclusion of certain property. - This act [42-2-23, 42-2-24 NMSA 1978] shall not apply to...

Article 3 - Relocation Assistance

Section 42-3-1 - Short title. - Chapter 42, Article 3 NMSA 1978 may be cited as...

Section 42-3-2 - Definitions. - As used in the Relocation Assistance Act: A. "agency" means...

Section 42-3-3 - Relocation program. - The displacing agency, as a part of the cost of...

Section 42-3-4 - Administration. - In order to prevent unnecessary expense and duplication of functions...

Section 42-3-5 - Relocation payments. - A. Whenever a program or project undertaken by an agency...

Section 42-3-6 - Additional payment to property owner. - A. In addition to payments authorized by Section 42-3-5 NMSA...

Section 42-3-7 - Additional payment to tenant. - A. In addition to amounts otherwise authorized by the Relocation...

Section 42-3-8 - Miscellaneous payments. - In addition to other payments authorized by the Relocation Assistance...

Section 42-3-9 - Reimbursement for expenses where condemnation does not result in acquisition or is abandoned. - A court having jurisdiction over a proceeding instituted by the...

Section 42-3-10 - Compensation for expenses of inverse condemnation. - A court, rendering a judgment for the plaintiff in a...

Section 42-3-11 - Advisory assistance program. - A. Programs or projects undertaken by a displacing agency shall...

Section 42-3-12 - Housing replacement as a last resort. - A. If a project cannot proceed to actual construction because...

Section 42-3-13 - Implementing regulations. - The displacing agency may adopt regulations that it deems necessary...

Section 42-3-14 - Administrative hearings; court review. - A. A person aggrieved by a determination as to eligibility...

Section 42-3-15 - Contingent authority of act. - The provisions of the Relocation Assistance Act are effective so...

Article 4 - Ejectment and Recovery of Real Property

Section 42-4-1 - [When ejectment maintainable.] - The action of ejectment may be maintained in all cases...

Section 42-4-2 - [Wrongful ouster and detention of realty or mining claim.] - The action of ejectment will lie for the recovery of...

Section 42-4-3 - [Principles apply to equity suits.] - The principles of the provisions of this article shall apply...

Section 42-4-4 - [Parties to action.] - The action shall be prosecuted in the real names of...

Section 42-4-5 - [Contents of complaint.] - It shall be sufficient for the plaintiff to declare in...

Section 42-4-6 - [Defendant's pleadings; plaintiff's reply.] - The defendant shall plead to the complaint, as required by...

Section 42-4-7 - [Ultimate facts authorizing recovery.] - It shall be sufficient to entitle the plaintiff to recover,...

Section 42-4-8 - [Action between cotenants; ouster to be shown.] - In any action brought by a joint tenant, or tenant...

Section 42-4-9 - [Rents and profits recoverable as damages.] - If the plaintiff prevail, he shall recover for damages the...

Section 42-4-10 - [Title expiring pendente lite; judgment.] - If the plaintiff's title expire after the action is brought,...

Section 42-4-11 - [Judgment for plaintiff.] - If the plaintiff prevail, the judgment shall be for the...

Section 42-4-12 - [Writ of possession.] - Upon judgment for the recovery of possession, a writ of...

Section 42-4-13 - [Execution; judgment for damages and costs.] - If the judgment be for damages and costs, an execution...

Section 42-4-14 - [Improvements and mesne profits; time; claims; notices.] - In all actions of ejectment, when the defendant or tenant...

Section 42-4-15 - [Improvements and mesne profits; verdict; set-off; judgment; payment by plaintiff before obtaining writ of possession.] - When the jury shall find a verdict for the plaintiff...

Section 42-4-16 - [Improvements exceeding mesne profits; election by plaintiff; tender of deed; payment to plaintiff.] - If upon the rendition of any judgment in any such...

Section 42-4-17 - [Remedy of person deprived of possession of improvements; time; value; lien.] - When any person or his assignors may have heretofore made,...

Section 42-4-18 - [Possession of improvements taken; liability for value; abandonment excepted; specific and general lien.] - When any person claiming possession may have made, or may...

Section 42-4-19 - [Sale of improvements.] - The possession of land and improvements, provided for in this...

Section 42-4-20 - [Reversionary clause in deed; improvements; liens; waiver of claim.] - That any and all liens, encumbrances or money claims for...

Section 42-4-21 - [Mine or mining claim; contested application for patent; ejectment maintainable regardless of possession.] - That when an application is made for a patent to...

Section 42-4-22 - [Special verdict or findings; entry on mining land pending suit.] - The court, in an action for the recovery of a...

Section 42-4-23 - [Working mine pending suit; waste.] - That nothing in the two preceding sections [42-4-21, 42-4-22 NMSA...

Section 42-4-24 - [Assessment work pending suit; retention of ore.] - Hereafter in any suit or action pending in any of...

Section 42-4-25 - [Effect of performing assessment work pending suit.] - Upon the doing of any assessment work, as provided in...

Section 42-4-26 - [Measurements and surveys of mine pending suit; authorization; expenses.] - In all actions at law, or suits in equity, in...

Section 42-4-27 - [Who may enter for measurements and surveys.] - The right to go upon and enter said mining claim...

Section 42-4-28 - [Notice of desire to enter mine.] - Before any person may enter upon or go into the...

Section 42-4-29 - [Refusing entry; court may exclude evidence, render judgment or assist entry; costs.] - If such person or corporation shall not permit any party...

Section 42-4-30 - [Evidence of measures and surveys.] - The competency, relevancy and effect of such survey and measurement,...

Article 5 - Partition

Section 42-5-1 - [Complaint; prayer.] - When any lands, tenements or hereditaments shall be owned in...

Section 42-5-2 - [Parties to action.] - Every person having an interest in the premises, whether having...

Section 42-5-3 - [Unknown persons made parties.] - All persons interested in the lands, tenements or hereditaments of...

Section 42-5-4 - [Intervention.] - During the pendency of such suit or proceeding any person...

Section 42-5-5 - [Decree; binding effect.] - The court shall ascertain and declare the rights, titles and...

Section 42-5-6 - [Commissioners; appointment; qualifications; oath; partition of land; report.] - The court, when it shall decree a partition of any...

Section 42-5-7 - Finding that property cannot be partitioned; appraisal; report of commissioners; contest of report; hearing; sale. - A. Should the commissioners be of the opinion that the...

Section 42-5-8 - Allocation of costs of partition; definition. - A. In the event partition of the cotenancy is made...

Section 42-5-9 - [Death of party does not abate suit.] - No suit for a partition shall abate by the death...

Article 5A - Uniform Partition of Heirs Property

Section 42-5A-1 - Short title. - Sections 1 through 13 of this act [42-5A-1 to 42-5A-13...

Section 42-5A-2 - Definitions. - As used in the Uniform Partition of Heirs Property Act:...

Section 42-5A-3 - Applicability; relation to other law. - A. The Uniform Partition of Heirs Property Act applies to...

Section 42-5A-4 - Service; notice by posting. - A. The Uniform Partition of Heirs Property Act does not...

Section 42-5A-5 - Commissioners. - If the court appoints commissioners pursuant to Section 42-5-6 NMSA...

Section 42-5A-6 - Determination of value. - A. Except as otherwise provided in Subsections B and C...

Section 42-5A-7 - Cotenant buyout. - A. If any cotenant requests partition by sale, after the...

Section 42-5A-8 - Partition alternatives. - A. If all the interests of all cotenants that requested...

Section 42-5A-9 - Considerations for partition in kind. - A. In determining under Subsection A of Section 8 [42-5A-8...

Section 42-5A-10 - Open-market sale, sealed bids or auction. - A. If the court orders a sale of heirs property,...

Section 42-5A-11 - Report of open-market sale. - A. Unless required to do so within a shorter time...

Section 42-5A-12 - Uniformity of application and construction. - In applying and construing the Uniform Partition of Heirs Property...

Section 42-5A-13 - Relation to Electronic Signatures in Global and National Commerce Act. - The Uniform Partition of Heirs Property Act modifies, limits and...

Article 6 - Quieting Title

Section 42-6-1 - By and against whom action may be brought; several tracts may be included in one action. - An action to determine and quiet the title of real...

Section 42-6-2 - Complaint; parties; unknown claimants. - The plaintiff must file his complaint in the district court,...

Section 42-6-3 - [Numerous claimants; suit by committee.] - Whenever any number of persons, more than ten, hold or...

Section 42-6-4 - [Committee may make contracts; binding effect.] - The committee so appointed may make and execute all contracts...

Section 42-6-5 - [Manner of appointment of committee; effect of appointment; persons not appointing committee made defendants; unknown claimants.] - The appointment of such committee may be by an instrument...

Section 42-6-6 - [Joinder of parties plaintiff.] - Any two or more persons claiming any estate or interest...

Section 42-6-7 - [Disclaimer; costs; default.] - If the defendant, or any of them, shall appear and...

Section 42-6-8 - [Mines deemed real estate.] - For the purposes of this article and for all other...

Section 42-6-9 - [Equitable procedure.] - The action contemplated by this article shall be conducted as...

Section 42-6-10 - [Attorneys' fees payable in land; suit by attorney; intervention in other actions; partition.] - Whenever any attorney-at-law performs any legal services for the plaintiff,...

Section 42-6-11 - [Joint owners; share in expenses of suit; lien on property of co-owners; interest; no exemption.] - Whenever any joint owner of real estate, whether claimed by...

Section 42-6-12 - [Consent of state in quiet title and foreclosure suits.] - Upon the conditions herein prescribed for the protection of the...

Section 42-6-13 - Method of service on state; answer. - Service upon the state shall be made by serving the...

Section 42-6-14 - Judicial sale; alternative remedies. - A. Except as provided in Subsection B or C of...

Section 42-6-15 - [Release of lien held by state.] - If any person shall have a lien upon any real...

Section 42-6-16 - [State exempt from payment of costs or money judgment.] - No judgment for costs or other money judgment shall be...

Section 42-6-17 - Effect of decree against state. - A decree quieting title against the state is effective only...

Article 7 - Specific Performance

Section 42-7-1 - [Contracts for sale of real estate; venue of action.] - An action to compel the specific performance of a contract...

Section 42-7-2 - [Service by publication.] - Service by publication may be had in all actions brought...

Section 42-7-3 - [Affidavit for service by publication.] - Before service can be made by publication an affidavit must...

Section 42-7-4 - [Effect of decree; compelling conveyance.] - Whenever in an action under the provisions of this act...

Article 8 - Replevin

Section 42-8-1 - [Right of action; purpose of remedy.] - Any person having a right to the immediate possession of...

Section 42-8-2 - [Cross-replevin; property in hands of officer.] - No cross-replevin or replevin for property in the hands of...

Section 42-8-3 - [Replevin against officer; authorization; additional affidavit; third party may intervene and give forthcoming bond.] - Whenever the property, goods or chattels of any person not...

Section 42-8-4 - [Remedy against corporation same as against individual.] - Suits of replevin may be commenced and carried to a...

Section 42-8-5 - Affidavit. - Before the writ of replevin is issued, the plaintiff or...

Section 42-8-6 - Replevin bond; when filed; parties; conditions. - The plaintiff shall before the execution of the writ enter...

Section 42-8-7 - [Procedure for waiver of affidavit and bond; election to take value of property or its return.] - That if in any suit for replevin of property the...

Section 42-8-8 - [Requiring additional security.] - Any person plaintiff or defendant in any replevin suits pending...

Section 42-8-9 - Replevin against sheriff. - Whenever any writ of replevin is granted against the sheriff...

Section 42-8-10 - [Manner of executing writ.] - The writ shall be executed by delivering the goods and...

Section 42-8-11 - [Judgment against plaintiff and sureties; value plus damages; option of defendant.] - In case the plaintiff fails to prosecute his suit with...

Section 42-8-12 - [Property not returned and accepted; collection of value.] - If such property be not returned and accepted within thirty...

Section 42-8-13 - [Officer damnified; suit on bond.] - Any officer damnified by the execution of a writ of...

Section 42-8-14 - [Defendant may sue on bond in name of officer.] - The defendant may, for any violation of the bond, bring...

Section 42-8-15 - [Liability of sheriff for failure to take sufficient bond from plaintiff.] - The sheriff for failing to take bond, or for taking...

Section 42-8-16 - Form of affidavit. - Affidavits for writs of replevin shall be in substantially the...

Section 42-8-17 - Form of bond. - Replevin bonds shall be in substantially the following form: "STATE...

Section 42-8-18 - Approval of bond; issuance of writ. - The judge of the district court shall, upon the filing...

Section 42-8-19 - Motion to dissolve; damages. - A. Upon the defendant's motion before trial, the district court...

Section 42-8-20 - Docketing; proceedings in district court. - The district court clerk shall docket the action in replevin...

Section 42-8-21 - [Defendant may keep property on giving forthcoming bond; time; parties; condition.] - The defendant, either in person or by his agent or...

Section 42-8-22 - [Forthcoming bond; approval; return with writ to district court; additional security; sheriff's liability.] - The sheriff shall judge of the sufficiency of the sureties...

Article 9 - Attachment

Section 42-9-1 - [Grounds for attachment; unmatured debts.] - Creditors may sue their debtors before justices of the peace...

Section 42-9-2 - [Attachment authorized in actions ex delicto.] - Wherever an attachment may issue against the property of any...

Section 42-9-3 - [Situs of debts and intangible interest in property.] - The situs of debts and obligations for the purpose of...

Section 42-9-4 - [Filing complaint or statement, affidavit and bond; issuance of writ; property subject to attachment.] - A creditor wishing to sue his debtor by attachment, may...

Section 42-9-5 - [Affidavit; by whom made; contents.] - The affidavit shall be made by the plaintiff, or some...

Section 42-9-6 - [Form of affidavit.] - The form of the affidavit of attachment shall be as...

Section 42-9-7 - [Bond; parties; amount; condition.] - The bond shall be executed by the plaintiff or some...

Section 42-9-8 - [Form of bond.] - The form of said bond shall be as follows, to...

Section 42-9-9 - [Sureties on bonds; qualifications; acknowledgments.] - The securities on attachment bonds shall be residents of this...

Section 42-9-10 - [Approval of bond; papers filed before issuance of writ.] - The clerk shall judge of the sufficiency of the penalty...

Section 42-9-11 - [Suit on bond.] - The bond given by the plaintiff or other person in...

Section 42-9-12 - [Requiring additional security.] - Any person, plaintiff or defendant, in any attachment suits pending...

Section 42-9-13 - [Contents of writ.] - Original writs of attachment shall be directed to the sheriff...

Section 42-9-14 - [Amending attachment and replevin writs; alias and pluries writs; proceeding in conversion when replevin writ not executed.] - That where an original writ of attachment or replevin has...

Section 42-9-15 - [Issuance and return of writ; proceedings; judgment.] - Original writs of attachment shall be issued and returned in...

Section 42-9-16 - [Time for return of writs of execution, attachment and replevin.] - All executions, writs of attachment and writs of replevin shall...

Section 42-9-17 - [Service of writ; seizure or levy; return; endorsements; garnishment of inaccessible property.] - The manner of serving writs of attachement [attachment] shall be...

Section 42-9-18 - [Service by publication; personal service outside state.] - Whenever property of a defendant has been attached and it...

Section 42-9-19 - [Default after service by publication; judgment; effect.] - When the defendant shall be notified, by publication as aforesaid,...

Section 42-9-20 - [Forthcoming bond.] - When property of the defendant found in his possession, or...

Section 42-9-21 - [Officer's return.] - The officer executing the writ of attachment shall return, with...

Section 42-9-22 - [Officer's liability on failure to return bond.] - If the officer wilfully [willfully] fail to return a good...

Section 42-9-23 - [When court acquires jurisdiction; survival of action.] - From the time of the issuing of the order of...

Section 42-9-24 - [Perishable property; petition for sale; hearing; order.] - In all suits in the district courts by attachments, when...

Section 42-9-25 - [Designating person to make sale; requiring bond.] - In such case the judge may appoint someone to make...

Section 42-9-26 - [Receiver; appointment; bond.] - The judge may, if he shall find the safety of...

Section 42-9-27 - [Disposition of proceeds of sale.] - All such proceeds of sale of property shall be delivered...

Section 42-9-28 - [Expenses in connection with receivership and sale.] - The judge or court may allow to the receiver or...

Section 42-9-29 - [Intervention in attachment proceedings.] - Any person owning or claiming any property, or a lien...

Section 42-9-30 - [Bond discharging attachment and garnishment; restitution of property.] - If the defendant or other person on his behalf at...

Section 42-9-31 - [Answer denying truth of fact stated in attachment affidavit; trial of issue; decision.] - In all cases when properties or effects shall be attached,...

Section 42-9-32 - [Issues found for defendant; attachment dismissed; properties released; suit unabated.] - In all cases commenced by attachment, in which the truth...

Section 42-9-33 - [Appeal from order discharging attachment; supersedeas.] - When an order or judgment discharging an attachment is rendered...

Section 42-9-34 - [Appeal before final judgment.] - It shall not be necessary that a final judgment as...

Section 42-9-35 - [Judgment against sureties on bond given to discharge attachment.] - If upon the trial of said cause judgment shall be...

Section 42-9-36 - [Sale of attached realty after judgment for plaintiff.] - If plaintiff receives judgment, any real estate belonging to defendant...

Section 42-9-37 - [Sale of attached personalty after judgment for plaintiff.] - Any personal property belonging to the defendant or right, title...

Section 42-9-38 - [Ancillary attachments; affidavit; bond; writ.] - In any civil suit, when the summons against the defendant...

Section 42-9-39 - [Procedure in suit containing ancillary attachment.] - In all cases when attachments are sued out ancillary to...

Article 10 - Exemptions

Section 42-10-1 - Exemptions of married persons or heads of households. - Personal property in the amount of five hundred dollars ($500),...

Section 42-10-2 - Exemptions of persons who support only themselves. - Personal property other than money in the amount of five...

Section 42-10-3 - [Life, accident and health insurance benefits.] - The cash surrender value of any life insurance policy, the...

Section 42-10-4 - [Benefits from benevolent associations.] - Any beneficiary fund not exceeding five thousand dollars [($5,000)], set...

Section 42-10-5 - [Life insurance proceeds.] - The proceeds of any life insurance are not subject to...

Section 42-10-6 - Personal property used as a security under the Uniform Commercial Code is not exempt. - A secured creditor who has personal property of the debtor...

Section 42-10-7 - Taxes and garnishment excepted. - This article is not applicable to taxes or garnishment. History:...

Section 42-10-8 - Repealed. - Repeals. — Laws 1979, ch. 182, § 5, repealed 42-10-8...

Section 42-10-9 - Homestead exemption. - Each person shall have exempt a homestead in a dwelling...

Section 42-10-10 - Exemption in lieu of homestead. - A. Any resident of this state who does not own...

Section 42-10-11 - When homestead exemption does not apply. - The provisions of this article [42-10-9 to 42-10-12 NMSA 1978]...

Section 42-10-12 - Repealed. - Repeals. — Laws 1979, ch. 182, § 5, repealed 42-10-12...

Section 42-10-13 - Claim of exemption or priority. - Any person desiring to claim that property is exempt from...

Article 11 - Government Immunity

Section 42-11-1 - Granting immunity; providing for exceptions. - The state of New Mexico and its political subdivisions or...

Article 13 - Equine Liability

Section 42-13-1 - Short title. - This act [42-13-1 NMSA 1978] may be cited as the...

Section 42-13-2 - Legislative purpose and findings. - The legislature recognizes that persons who participate in or observe...

Section 42-13-3 - Definitions. - As used in the Equine Liability Act: A. "equine" means...

Section 42-13-4 - Limitation on liability. - A. No person, corporation or partnership is liable for personal...

Section 42-13-5 - Posting of notice. - Operators, owners, trainers and promoters of equine activities or equine...

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2021 New Mexico Statutes Chapter 42 - Actions and Proceedings Relating to Property

2021 New Mexico Statutes
Chapter 42 - Actions and Proceedings Relating to Property