New Mexico § 42A-1-25 Litigation expenses

New Mexico Statutes

§ 42A-1-25 — Litigation expenses

New Mexico·Ch. 42A Condemnation Proceedings·Art. 1 General Provisions

A. The court shall award the condemnee his litigation expenses whenever:

(1)the condemnor has abandoned the condemnation proceeding;

(2)the condemnation proceeding has been dismissed for any reason except when a bona fide settlement has been reached; or (3) there is a final determination that the condemnor does not have a right to take the property sought to be acquired in the condemnation proceeding. B. Before awarding litigation expenses pursuant to this section, the court shall review the reasonableness of such expenses and fees.

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A. The court shall award the condemnee his litigation expenses whenever: (1) the condemnor has abandoned the condemnation proceeding; (2) the condemnation proceeding has been dismissed for any reason except when a bona fide settlement has been reached; or (3) there is a final determination that the condemnor does not have a right to take the property sought to be acquired in the condemnation proceeding. B. Before awarding litigation expenses pursuant to this section, the court shall review the reasonableness of such expenses and fees.

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