§ 42-2-5 — Petition

New Mexico § 42-2-5

• Jurisdiction: New Mexico
• Ch. 42: Actions and Proceedings Relating to Property
• Art. 2: Special Alternative Condemnation Procedure

Text

A. In any case where the state is the moving party to a condemnation action, a petition may be filed in the district court of the county in which such property is situated. Where the property of any defendant sought to be condemned lies partly in one county and partly in an adjoining county, the condemnation proceeding may be brought in either county. The petition shall include but not be limited to the following: (1) a statement by the petitioner of its authority to bring the action; (2) a general description of the public purpose for which the property is being condemned; (3) a statement that the action is brought pursuant to this statute; (4) an accurate surveyed description of the property to be condemned describing the same by metes and bounds and said description shall be incorporated in the petition with or without reference to maps or plats attached to said petition; the property of each defendant to be condemned shall be described separately, and each tract under separate ownerships shall be consecutively numbered for ease in identification; (5) the names and addresses of all defendants shall be given if known; (6) the estate to be taken shall be described; (7) in the event that title to the property to be taken is vested in the state, a statement that the board of finance has proclaimed that the needs and purposes of the condemnor to be of a greater public need than that of the defendant in whom the title is vested; (8) the petition shall be signed by any attorney employed by the state duly authorized to sign such pleadings; (9) the name of such attorney and his address or the post-office box number of the state shall appear below the signature, or both addresses may be given; (10) an allegation that the petitioner has been unable to agree with one or more of the defendants having an interest in a particular tract as to just compensation; (11) a statement of the amount offered as just compensation for each tract affected; (12) the petition shall include or have attached thereto a map, plat or plan of the improvement to be constructed and showing the property to be condemned. B. Parties defendant. The petition shall name as defendants all the parties who own or occupy the property or have any interest therein as may be ascertained by a search of the county records, and if any such parties are known to the petitioner to be infants, or persons of unsound mind or suffering under any other legal disability, when no legal representative or guardian appears in their behalf, the court shall on motion appoint a guardian ad litem to protect the interest of those under any legal disability. (1) If any property sought to be condemned belongs to the state, the head of the commission, department, institution, bureau, agency or political subdivision holding either title, or possession, shall be named as well as the commission, department, institution, bureau, agency or political subdivision itself. (2) If the record owner of the property sought to be condemned is deceased and there has been no recorded legal disposition of the property, the deceased and his known heirs shall be named as defendants, and if the heirs are unknown to the petitioner, they shall be named and designated as defendants under the style of "the unknown heirs of . . . . . . . . . . . . . ., deceased." (3) If the estate of any such deceased person is in the process of being administered in any court of the state, the personal representative of such deceased person shall also be named as a defendant. (4) If the property sought to be condemned is held in trust and the petitioner has knowledge of said trust, the trustee shall be named. (5) Where the name of the party holding title or any interest therein cannot be determined, such parties shall be designated as "unknown owners or claimants of the property involved." C. Notice of condemnation. Upon filing of a petition in condemnation in the district court, the clerk shall issue a notice of condemnation which shall contain: (1) the title of the action; (2) the name or designation of the court and county in which the action is brought as well as the cause number; (3) a direction that the defendant appear and answer to the petition within thirty days after service of the notice, and a statement that unless the defendant so appears and answers, the petitioner will apply to the court for the relief demanded in the petition; (4) the name and address of petitioner's attorney shall appear on every notice; (5) a general statement of the nature of the action and a general description of the proposed location of such road, street or highway, and that the land involved is more fully described in the petition on file in said cause; (6) in the event that an ex parte preliminary order of entry is obtained by the petitioner at the time the petition is filed, the notice as required by Section 5 [42-2-6 NMSA 1978], Preliminary Order of Entry, may be incorporated in the notice of condemnation, both for the purpose of personal service and for constructive service by publication.

Legislative History

1953 Comp., § 22-9-42, enacted by Laws 1959, ch. 324, § 4.