A. An order permitting entry under Section 42A-1-9 NMSA 1978 shall include a determination by the court of the probable amount that will fairly compensate the condemnee and any other person in actual physical occupancy of the property for damages, if any, for physical injury to the property and for substantial interference with possession or use of the property found likely to be caused by the entry and activities authorized by the order, and may require the condemnor to deposit with the court before entry that amount or a surety bond in that amount from a surety acceptable to the court.
B. If a deposit is required, such funds shall be deposited in an interest-bearing account at an institution acceptable to the court. Interest on such deposit shall accrue for the benefit of the condemnor.
C. Any amount deposited shall be retained on deposit until released by the court.
D. Surety bonds shall remain in effect until the surety is released by the court.
History: 1978 Comp., § 42A-1-8, enacted by Laws 1980, ch. 20, § 10; amended and recompiled as § 42A-1-10 by Laws 1981, ch. 125, § 6.
Recompilations. — Laws 1981, ch. 125, § 8, recompiled former 42A-1-10 NMSA 1978, relating to the recovery of damages resulting from entries for suitability studies, as 42A-1-12 NMSA 1978.
The 1981 amendment substituted "Section 42A-1-9" for "Section 42A-1-7" in Subsection A, substituted "condemnee" for "owner" in Subsection A, substituted "actual" for "lawful possession or" in Subsection A and substituted "court" for "courts" in the first sentence of Subsection B.
Structure 2021 New Mexico Statutes
Chapter 42A - Condemnation Proceedings
Article 1 - General Provisions
Section 42A-1-1 - Short title.
Section 42A-1-2 - Definitions.
Section 42A-1-4 - Negotiation; other appraisals.
Section 42A-1-5 - Appraisal; offer.
Section 42A-1-6 - Preliminary efforts to purchase.
Section 42A-1-7 - Purchase efforts waived or excused.
Section 42A-1-8 - Entry for suitability studies.
Section 42A-1-9 - Court order permitting entry for suitability studies.
Section 42A-1-10 - Deposit of probable compensation.
Section 42A-1-11 - Modification of court order permitting suitability studies.
Section 42A-1-12 - Recovery of damages, costs and expenses.
Section 42A-1-13 - Entries exempt.
Section 42A-1-15 - Rules of civil procedure.
Section 42A-1-16 - Application.
Section 42A-1-17 - Petition; parties.
Section 42A-1-18 - Notice of condemnation.
Section 42A-1-19 - Appointment of commissioners; assessment of damages; payment.
Section 42A-1-20 - Report; notice of filing; exceptions.
Section 42A-1-22 - Order of immediate possession prior to judgment.
Section 42A-1-23 - Possession; no effect on other rights.
Section 42A-1-24 - Determination of compensation and damages; interest.
Section 42A-1-25 - Litigation expenses.
Section 42A-1-26 - Measure of damage to remainder in partial condemnation.
Section 42A-1-27 - Proof of payment; recording judgment.
Section 42A-1-28 - Imperfect titles.
Section 42A-1-30 - Adverse possession; statute of limitation.
Section 42A-1-32 - Costs; compensation of commissioners.
Section 42A-1-33 - Easement; abandonment.
Section 42A-1-34 - Sign removal by local governments; compensation.