A. If the parties are unable to negotiate a settlement, the condemnee may, within twenty-five days after written notice by the condemnor of its intent to file a condemnation action in district court, give written notice to the condemnor requesting an appraisal to determine the amount that would constitute just compensation for the taking of the condemnee's property and obtained from:
(1) one appraiser appointed by the condemnor;
(2) one appraiser appointed by the condemnee; and
(3) one appraiser jointly appointed by the appraisers for the condemnor and the condemnee.
B. The condemnee and condemnor shall appoint their respective appraisers within fifteen days after notice has been given by the condemnee to the condemnor pursuant to the provisions of Subsection A of this section and the third appraiser shall be jointly appointed within fifteen days thereafter.
C. The appraisals shall be in writing and signed by the appraisers. The appraisers shall deliver copies to each party personally or by registered mail or certified mail, return receipt requested.
D. The fees and expenses of the appraisers shall be paid by the appointing parties; provided however, the condemnee and condemnor shall share equally in paying the fees and expenses of the jointly appointed appraiser.
E. After receiving a copy of the appraisals provided for pursuant to this section, the condemnor may establish an amount which it believes to be just compensation and may submit to the condemnee an offer to acquire the property for the full amount so established. If the condemnor tenders an offer pursuant to this section, the amount offered for the property shall not be less than the amount of compensation shown by the final common appraisal of the three appraisers or if all three appraisers do not agree, the offer shall not be less than the appraisal prepared by the condemnor's appraiser. The condemnee must reject or accept the offer made by the condemnor pursuant to this section within fifteen days after the offer is tendered.
History: 1978 Comp., § 42A-1-3, enacted by Laws 1980, ch. 20, § 5; recompiled as § 42A-1-5 by Laws 1981, ch. 125, § 60.
Recompilations. — Laws 1981, ch. 125, § 4, recompiled former 42A-1-5 NMSA 1978, relating to the waiver of preliminary efforts to purchase, as 42A-1-7 NMSA 1978.
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.