LegalFix
Sign In

Section 42A-1-4 - Negotiation; other appraisals.

NM Stat § 42A-1-4 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

A. A condemnor shall make reasonable and diligent efforts to acquire property by negotiation.

B. Unless prohibited by federal law, if the condemnor or condemnee has had prepared appraisals for the property, he shall make such appraisals available to the other party during the negotiation period.

History: 1978 Comp., § 42A-1-2, enacted by Laws 1980, ch. 20, § 4; recompiled as § 42A-1-4 by Laws 1981, ch. 125, § 2.

Recompilations. — Laws 1981, ch. 125, § 3, recompiled former 42A-1-4 NMSA 1978, relating to preliminary efforts to purchase property, as 42A-1-6 NMSA 1978.

Refusal to negotiate as affecting attorney's fees. — Where a county deliberately chose to take property first and litigate afterwards, forcing the landowner to initiate the lawsuit, the district court properly concluded that the county did not have the "right" to take the property, and the condemnee was entitled to an award of attorney's fees. Landavazo v. Sanchez, 1990-NMSC-114, 111 N.M. 137, 802 P.2d 1283.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Sufficiency of condemnor's negotiations required as preliminary to taking in eminent domain, 21 A.L.R.4th 765.

Previous Section
Section 42A-1-3 - Agreement.
Next Section
Section 42A-1-5 - Appraisal; offer.