A. Personal service, either within or without the state, of the petition, notice of condemnation and the notice of the preliminary order of entry, if any, shall be made and had in the manner as provided in the Rules of Civil Procedure, Rule 4(e), Subsections 1 to 6 inclusive [Rule 1-004 F(1) to F(6) NMRA], or as they may be amended.
B. If the name or residence of any owner be unknown, or if the owners or any of them do not reside within the state, or cannot be found therein, and are not served as hereinbefore provided, the required service and notice shall be given by publication of notice thereof for two consecutive weeks, the last publication to be at least three days prior to any default date, in a newspaper published in the county in which the proceedings are pending, if one is published in that county; if no newspaper is published in such county, then a newspaper published in another county, having a general circulation in the county wherein such proceedings are pending. When the address of any defendant who resides out of state is known to the petitioner, the publication shall be made as aforesaid and in addition, a copy of the petition and required notice thereof and the notice of the preliminary order entered, if any, shall be mailed to said defendant at such address, at least ten days prior to any default date on the preliminary order.
C. Personal service outside the state of any pleading or notice shall be equivalent to publication and mailing, and such personal service of the notice of entry of a preliminary order shall commence the running of the ten-day period within which objections may be made to the granting of a permanent order. Return of such service shall be by affidavit of the person making the same.
History: 1953 Comp., § 22-9-44, enacted by Laws 1959, ch. 324, § 6.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 27 Am. Jur. 2d Eminent Domain §§ 478, 487, 498, 499.
Permissible modes of service of notice of eminent domain proceedings, 89 A.L.R.2d 1404.
29A C.J.S. Eminent Domain §§ 240 to 244, 246.
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.