A. If any defendant who has appeared in the cause shall fail to appear at the time set for trial, whether such trial be set before the court with or without a jury, the court shall direct that his default be entered and shall conduct such hearings as it deems necessary and proper to determine the amount of just compensation due to the defendant.
B. If any defendant has failed to appear or answer within the time allowed, and the clerk has entered his default, then the court shall conduct such hearings as it deems necessary and proper to determine the amount of just compensation due the defendant.
C. For the purpose of the hearing required in Subsection [Subsections] A and B above, the court may consider by affidavit or other proof of the value of the property taken, the damage, if any, which may result from the occupation and condemnation, and the amount offered as set forth in the petition and shall enter such judgment as it deems proper.
History: 1953 Comp., § 22-9-51, enacted by Laws 1959, ch. 324, § 13.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Section complies with constitutional standards. — This section contemplates that after entry of default by the clerk, the court shall conduct a hearing and determine the amount of just compensation due a condemnee. This is in recognition of N.M. Const., art. II, §§ 18 and 20. Board of Cnty. Comm'rs v. Boyd, 1962-NMSC-090, 70 N.M. 254, 372 P.2d 828.
Civil rule applies to section. — Rule 1-055 B NMRA is applicable to entry of default in eminent domain proceedings filed under "special alternative procedure," and failure to give required notice requires an appellate court to reverse a default judgment. Board of Cnty. Comm'rs v. Boyd, 1962-NMSC-090, 70 N.M. 254, 372 P.2d 828.
Structure 2021 New Mexico Statutes
Chapter 42 - Actions and Proceedings Relating to Property
Article 2 - Special Alternative Condemnation Procedure
Section 42-2-1 - Declaration of intent.
Section 42-2-4 - Authority to acquire.
Section 42-2-6 - Preliminary order of entry.
Section 42-2-7 - Service; personal or by publication.
Section 42-2-8 - Contents of answer.
Section 42-2-9 - Time for answering.
Section 42-2-10 - Intervention.
Section 42-2-11 - Election of trial by court or jury.
Section 42-2-12 - Time of trial.
Section 42-2-15 - Verdict and judgment.
Section 42-2-16 - Proof of payment; recording judgment.
Section 42-2-17 - Purpose of act.
Section 42-2-18 - Application of Rules of Civil Procedure.
Section 42-2-19 - Disqualification of judge; effect.
Section 42-2-20 - Waiver of bond.
Section 42-2-22 - [Flood control; appropriation of land; compensation for immediate use.]
Section 42-2-23 - Condemnation of property in excess of need; sale to prior owner; price.