2021 New Mexico Statutes
Article 2 - Special Alternative Condemnation Procedure
Section 42-2-11 - Election of trial by court or jury.

Any party desiring to try the cause before a jury, shall make demand and deposit jury fees pursuant to Rule 38, Rules of Civil Procedure [Rule 1-038 NMRA], and any other applicable rules of civil procedure.
The court with or without a jury may separately try the case involving each tract of land affected which is under different ownership, or separate tracts under the same ownership.
History: 1953 Comp., § 22-9-48, enacted by Laws 1959, ch. 324, § 10; 1967, ch. 207, § 3.
Demand for jury by one defendant not demand for others. — In an eminent domain proceeding, the property interests of one condemnee are a claim separate from another. Therefore, each party who waives trial by jury shall be tried by the court separately (or together, unless severance is ordered) and a demand for jury trial made by certain defendants does not act as a demand for other defendants. El Paso Elec. v. Real Estate Mart, Inc., 1982-NMCA-101, 98 N.M. 490, 650 P.2d 12, cert. denied, 98 N.M. 590, 651 P.2d 636.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 27 Am. Jur. 2d Eminent Domain §§ 558 et seq., 897, 898.
Right to have view by jury in condemnation proceedings, 77 A.L.R.2d 548.
29A C.J.S. Eminent Domain §§ 290, 292.

Structure 2021 New Mexico Statutes