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Article 1 - General Provisions
Section 42A-1-1 - Short title. - Sections 42A-1-1 through 42A-1-33 NMSA 1978 may be cited as...
Section 42A-1-2 - Definitions. - As used in the Eminent Domain Code, and unless the...
Section 42A-1-3 - Agreement. - At any time before or after commencement of a condemnation...
Section 42A-1-4 - Negotiation; other appraisals. - A. A condemnor shall make reasonable and diligent efforts to...
Section 42A-1-5 - Appraisal; offer. - A. If the parties are unable to negotiate a settlement,...
Section 42A-1-6 - Preliminary efforts to purchase. - A. Except as provided in Sections 42A-1-7 and 42A-1-27 NMSA...
Section 42A-1-7 - Purchase efforts waived or excused. - A condemnor's failure or inability to make reasonable and diligent...
Section 42A-1-8 - Entry for suitability studies. - A condemnor and its agents and employees may enter upon...
Section 42A-1-9 - Court order permitting entry for suitability studies. - A. If the condemnor is unable to secure the written...
Section 42A-1-10 - Deposit of probable compensation. - A. An order permitting entry under Section 42A-1-9 NMSA 1978...
Section 42A-1-11 - Modification of court order permitting suitability studies. - A. After notice and hearing, the court may modify an...
Section 42A-1-12 - Recovery of damages, costs and expenses. - A. A condemnor is liable to the condemnee and, if...
Section 42A-1-13 - Entries exempt. - The provisions of Sections 42A-1-8 through 42A-1-12 NMSA 1978 apply...
Section 42A-1-14 - Notice. - If notice of a hearing or any other matter pursuant...
Section 42A-1-15 - Rules of civil procedure. - Unless specifically provided to the contrary in the Eminent Domain...
Section 42A-1-16 - Application. - A. The provisions of Sections 42A-1-3 through 42A-1-16 NMSA 1978...
Section 42A-1-17 - Petition; parties. - A. Unless otherwise specifically provided by law, if property is...
Section 42A-1-18 - Notice of condemnation. - A. Upon filing a petition in condemnation in the district...
Section 42A-1-19 - Appointment of commissioners; assessment of damages; payment. - A. If appraisers have not been appointed pursuant to Section...
Section 42A-1-20 - Report; notice of filing; exceptions. - A. Upon the filing of the report of the commissioners...
Section 42A-1-21 - Trial. - A. Within twenty days after the filing of the petition...
Section 42A-1-22 - Order of immediate possession prior to judgment. - A. At the time of filing the petition, the condemnor...
Section 42A-1-23 - Possession; no effect on other rights. - By taking possession pursuant to the provisions of Section 42A-1-22...
Section 42A-1-24 - Determination of compensation and damages; interest. - A. For the purposes of assessing compensation and damages, the...
Section 42A-1-25 - Litigation expenses. - A. The court shall award the condemnee his litigation expenses...
Section 42A-1-26 - Measure of damage to remainder in partial condemnation. - In any condemnation proceeding in which there is a partial...
Section 42A-1-27 - Proof of payment; recording judgment. - A. After the condemnor has made payment in full to...
Section 42A-1-28 - Imperfect titles. - If the title attempted to be acquired is found to...
Section 42A-1-29 - Property taken or damaged without compensation or condemnation proceedings; right of action by condemnee. - A. A person authorized to exercise the right of eminent...
Section 42A-1-30 - Adverse possession; statute of limitation. - The defendant to an action brought pursuant to Section 42A-1-29...
Section 42A-1-31 - Property taken or damaged by state agencies or political subdivisions; statutes of limitations. - A. No action or proceeding shall be commenced against any...
Section 42A-1-32 - Costs; compensation of commissioners. - A. Except as expressly provided by law, the costs of...
Section 42A-1-33 - Easement; abandonment. - Except as specifically provided by law, when an easement has...
Section 42A-1-34 - Sign removal by local governments; compensation. - No municipal, county or local zoning authority or any other...
Article 2 - Public Utilities
Section 42A-2-1 - Railroad, telephone or telegraph company. - Any foreign or domestic railroad, telephone or telegraph company which...
Section 42A-2-2 - Telephone and telegraph companies; limitations and regulations. - No telephone or telegraph company shall, by virtue of its...
Section 42A-2-3 - Property of public utilities. - A. If the property to be condemned is held by...
Section 42A-2-4 - Jurisdiction of courts; joint use. - Except as provided in Section 62-1-4 NMSA 1978, the court...
Article 3 - Public Uses
Section 42A-3-1 - State, county, municipality or school district; appropriation of property; nature of interest. - A. Property may also be condemned by the state, any...
Section 42A-3-2 - Condemnation of property by state institutions. - If it is deemed necessary by the board of regents...
Section 42A-3-3 - Street improvements; condemnation of ditch, canal or acequia by municipality; authorization[;] protest. - A. The governing body of any municipality may, when it...
Article 4 - Spanish or Mexican Land Grants
Section 42A-4-1 - Spanish or Mexican land grants; parties defendant; commissioners' report. - A. If any part of a tract of land confirmed...