No property shall be taken until just compensation has been paid according to law. But where a trial by jury is demanded under the preceding section [73-15-9 NMSA 1978], the board may pay into court, in money, the amount allowed by the appraisers, with the costs, and thereupon the court shall make an order admitting the said district into possession of the property. And thereupon the board may enter into undisturbed possession of the property and rights involved. The right of entry provided herein shall be a cumulative remedy and additional to the district's right of possession during the pendency of condemnation proceedings under the provisions of Chapter XXXIV of the Codification of 1915, and all amendatory or supplementary acts thereto.
History: Laws 1927, ch. 45, § 410; C.S. 1929, § 30-410; 1941 Comp., § 77-2810; 1953 Comp., § 75-29-10.
Compiler's notes. — Chapter 34 of the 1915 Code, referred to in this section, was compiled as 42-1-1, 42-1-3 to 42-1-9, 42-1-11 to 42-1-22 NMSA 1978, before being repealed in 1981 by Laws 1981, ch. 125, § 62. For current law, see the Eminent Domain Code, 42A-1-1 NMSA 1978.
Structure New Mexico Statutes
Chapter 73 - Special Districts
Article 15 - Conservancy Districts; Appraisal of Benefits
Section 73-15-1 - Appointment of appraisers.
Section 73-15-3 - Land affected outside the district.
Section 73-15-4 - Notice of hearing on land excluded from or taken into district [; order of court].
Section 73-15-5 - Report of appraisers.
Section 73-15-6 - Notice of hearing on appraisals.
Section 73-15-7 - Hearing on appraisals.
Section 73-15-8 - Order on appraisals.
Section 73-15-9 - Jury trials.
Section 73-15-10 - Entry after deposit of award [pending jury trial].
Section 73-15-11 - Filing order.
Section 73-15-12 - Change of official plan.
Section 73-15-13 - Property exempt and later liable to assessment.