If notice of a hearing or any other matter pursuant to Sections 42A-1-3 through 42A-1-12 NMSA 1978 is required, except for specific notice requirements as otherwise provided, notice shall be given:
A. by mailing a copy thereof at least ten days before the time set for the hearing or determination of other matters by certified, registered or ordinary first class mail addressed to the person being notified;
B. by service of a copy thereof at least ten days before the time set for the hearing or determination of other matters upon the person being notified in the manner provided by the Rules of Civil Procedure for the District Courts for service of summons and complaint; or
C. if the address or name of any person is not known and cannot be ascertained by reasonable diligence, by publishing a copy thereof at least once a week for two consecutive weeks, in a newspaper of general circulation in the county in which the hearing is to be held, the last publication of which is to be at least five days before the time set for the hearing.
History: 1978 Comp., § 42A-1-12, enacted by Laws 1980, ch. 20, § 14; amended and recompiled as § 42A-1-14 by Laws 1981, ch. 125, § 10.
Recompilations. — Laws 1981, ch. 125, § 12, recompiled former 42A-1-14 NMSA 1978, relating to the applicability of Article 1 of Chapter 42A, as 42A-1-16 NMSA 1978.
Cross references. — For the Rules of Civil Procedure for the District Courts, see Rules 1-001 through 1-127 NMRA.
The 1981 amendment substituted "Sections 42A-1-3 through 42A-1-12" for "Sections 42A-1-1 through 42A-1-10" in the introductory paragraph, substituted "Rules of Civil Procedure for the District Courts" for "rules of civil procedure" in Subsection B and deleted "in civil actions" following "complaint" in Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 27 Am. Jur. 2d Eminent Domain §§ 478, 536 et seq., 874.
Permissible modes of service of notice of eminent domain proceedings, 89 A.L.R.2d 1404.
Inclusion or exclusion of first and last days in computing the time for performance of an act or event which must take place a certain number of days before a known future date, 98 A.L.R.2d 1331.
29A C.J.S. Eminent Domain §§ 237 to 247.
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.