A. Upon filing a petition in condemnation in the district court, the clerk shall issue and give notice of condemnation which shall contain:
(1) a copy of the petition and the appraisal, if one was prepared pursuant to Section 42A-1-5 NMSA 1978;
(2) the title of the action;
(3) the name or designation of the court and county in which the action is brought as well as the cause number;
(4) a direction that the condemnee appear and answer to the petition within thirty days after service of notice, and a statement that unless the condemnee appears and answers, the petitioner will apply to the court for the relief demanded in the petition;
(5) the name and address of the petitioner's attorney shall appear on every notice; and
(6) a general statement of the nature of the action and a general description of the property involved in the action.
B. If the condemnor in his petition requests an order for immediate possession, notice of such request shall be incorporated in the notice provided for pursuant to Subsection A of this section.
C. If an appraisal has been prepared pursuant to Section 42A-1-5 NMSA 1978, the condemnor shall file a copy of it at the time the petition is filed and shall deposit with the clerk of the court the amount determined by the appraisers pursuant to Section 42A-1-5 NMSA 1978. The deposit shall be managed pursuant to the provisions of Subsections E through G of Section 42A-1-19 NMSA 1978.
History: 1978 Comp., § 42A-1-18, enacted by Laws 1981, ch. 125, § 14.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Conditions imposed to approval of proposed subdivision map or plat as constituting taking of property for public use without compensation, 11 A.L.R.2d 524.
29A C.J.S. Eminent Domain §§ 220, 237 to 247, 248 to 266.
Structure 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.