§ 70-3A-4 — Petition; appointment of hearing officer

A. The petition filed by the mineral developer pursuant to Subsection C of Section 3 [70-3A-3 NMSA 1978] of the Gathering Line Land Acquisition Act shall include: (1) a designation as petitioner, the person on whose behalf the easement is sought to be acquired; (2) a statement by the petitioner of his authority to petition the court; (3) an allegation that the petitioner has been unable to negotiate a settlement in good faith with the property owner; (4) a map, plat or plan included with or attached to the petition showing the proposed route of the easement; (5) a request for the appointment of a hearing officer; (6) a copy of the offer submitted to the property owner by the petitioner; (7) a copy of the counterproposal, if any, submitted to the petitioner by the property owner; and (8) the name of the property owner and his address. B. Upon the filing of the petition, if the route of easement is not an issue, the court shall grant, upon the request of the petitioner, an order of immediate possession of the easement sought to be acquired by the mineral developer. C. Within fifteen days of receipt of the petition, the district court shall issue and give notice of the action which shall contain a demand that the property owner and the mineral developer submit to the court, within ten days, the names of any persons which the parties jointly agree to have the court select from in its appointment of a hearing officer. D. Within fifteen days after providing notice of the action to the parties the district court shall appoint a hearing officer from the list of names provided pursuant to Subsection C of this section. If the parties are unable to agree on the selection of a hearing officer, the court shall appoint a hearing officer who is knowledgeable in property valuation techniques and administrative hearing procedures. E. Subject to any limitations in the order of appointment, the hearing officer has and shall exercise the power to regulate all proceedings in any hearing before him and to do all acts and take all measures necessary and proper for the efficient performance of his duties under the order, including requiring the production of all books, papers, vouchers, documents and writing applicable thereto, the swearing of witnesses and receiving testimony and exhibits offered in evidence subject to such objections as may be imposed. F. Upon receipt of the order of appointment, the hearing officer shall set a time and place for a hearing of parties or their attorneys to be held within twenty days after the date of the order of appointment and shall notify the parties or their attorneys. If a party fails to appear at the time and place appointed, the hearing officer may proceed ex parte or, in his discretion, adjourn the proceedings for a future date, giving notice to the absent party of the adjournment. G. The parties may procure the attendance of witnesses before the hearing officer by the issuance and service of subpoenas as provided in the Rules of Civil Procedure for the District Courts. If without adequate reason a witness fails to appear or give evidence, he may be cited by the district judge for contempt or be subject to other court sanctions. H. The compensation to be allowed to a hearing officer shall be fixed by the court and shall be apportioned equally among the parties.

Legislative History

Laws 1988, ch. 26, § 4.