A. Whenever a party or parties to any special alternative proceeding in eminent domain shall make and file an affidavit that the judge before whom the proceeding is pending, whether he be the resident judge or a judge designated by such resident judge, cannot, according to the belief of the party to said proceeding making such affidavit, preside over the same with impartiality, such affidavit shall operate as an automatic severance of the proceedings as to all tracts in which the disqualifying party or parties has an interest. Nothing herein shall be construed to authorize separate trials of different interests in the same tract.
Another judge shall be designated for the trial of the proceeding as to the severed portion thereof by agreement of counsel representing the respective parties. Upon the failure of such counsel to agree, then such facts shall be certified to the chief justice of the supreme court of New Mexico, and the chief justice shall thereupon designate the judge to try the severed portion of such proceeding.
B. Such affidavit shall be filed within the time allowed for filing objections to the preliminary order of entry and not thereafter.
History: 1953 Comp., § 22-9-57, enacted by Laws 1963, ch. 248, § 3.
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.