A. Except as expressly provided by law, the costs of the proceedings to condemn property shall be paid by the party seeking the condemnation, including the costs of the final report of the commissioners if applicable.
B. If applicable, the court shall allow the commissioners reasonable compensation for their services. Such compensation shall be taxed as costs in the proceedings.
History: 1978 Comp., § 42A-1-32, enacted by Laws 1981, ch. 125, § 27.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 27 Am. Jur. 2d Eminent Domain §§ 583 et seq., 743 et seq.
Condemner's waiver, surrender, or limitation, after award, of rights or part of property acquired by condemnation, 5 A.L.R.2d 724.
Liability for costs in trial tribunal in eminent domain proceedings as affected by offer or tender by condemnor, 70 A.L.R.2d 804.
Liability of state, or its agency or board, for costs, 72 A.L.R.2d 1379.
Liability, upon abandonment, for loss or expenses incurred by property owner, or for interest on award or judgment, 92 A.L.R.2d 355.
30 C.J.S. Eminent Domain §§ 366 to 374.
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.