The Rules of Civil Procedure shall apply to the special alternative procedure in eminent domain except where special provisions are found in the special alternative procedure which conflict with the Rules of Civil Procedure and then the Rules of Civil Procedure shall not apply.
History: 1953 Comp., § 22-9-56, enacted by Laws 1963, ch. 248, § 2.
Rule and section similar in effect. — There is no material difference in the effect of Rule 1-001 NMRA and this section. Both provide that the Rules of Civil Procedure shall apply to eminent domain proceedings except where there are inconsistent rules or statutory provisions. State ex rel. State Hwy. Comm'n v. Burks, 1968-NMSC-121, 79 N.M. 373, 443 P.2d 866.
Depositions and discovery by defendant permitted. — Trial court did not err in authorizing defendants to propound interrogatories, obtain production of documents and take a deposition based thereon under the statute. State ex rel. State Hwy. Dep't v. Fox Trailer Court, 1971-NMSC-097, 83 N.M. 178, 489 P.2d 1176.
Rules for dismissal of actions is applicable to highway condemnation proceeding. State ex rel. State Hwy. Comm'n v. Burks, 1968-NMSC-121, 79 N.M. 373, 443 P.2d 866.
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.