2021 New Mexico Statutes
Article 3 - Relocation Assistance
Section 42-3-12 - Housing replacement as a last resort.

A. If a project cannot proceed to actual construction because comparable replacement sale or rental housing is not available and the displacing agency determines that the housing cannot otherwise be made available, the displacing agency may take action necessary or appropriate to provide the housing by use of funds authorized for the project.
The displacing agency may use this section to exceed the maximum amounts which may be paid under the Relocation Assistance Act on a case-by-case basis for good cause as determined in accordance with such regulations as the agency or department shall issue.
B. No person shall be required to move from his dwelling on account of any project unless the displacing agency is satisfied that a comparable replacement housing is available to the person.
History: 1953 Comp., § 22-9A-13, enacted by Laws 1972, ch. 41, § 13; 1989, ch. 121, § 12.
The 1989 amendment, effective March 30, 1989, substituted "displacing agency" for "agency" throughout the section; added the second paragraph of Subsection A; and substituted "a comparable replacement housing" for "replacement housing in accordance with Subsection C of Section 12" in Subsection B.
State highway department may build required housing. — Any necessary action may be taken to provide housing by using funds authorized for the project. This does not necessarily mean that the state highway department must build the houses required, but as an absolutely last resort it could. 1973 Op. Att'y Gen. No. 73-47.

Structure 2021 New Mexico Statutes