2011 New Mexico Statutes
Chapter 42: Actions and Proceedings Relating to Property
Article 3: Relocation Assistance, 42-3-1 through 42-3-15
Section 42-3-5: Relocation payments.

42-3-5. Relocation payments.

A. Whenever a program or project undertaken by an agency will result in the displacement of any person, the displacing agency shall provide for payment to the displaced person for:

(1) actual reasonable expenses in moving himself, his family, business, farm operation or other personal property;

(2) actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate the property, as determined by the displacing agency;

(3) actual reasonable expenses in searching for a replacement business or farm, supported by documentation which the displacing agency by regulation may require; and

(4) actual reasonable expenses necessary to reestablish a displaced farm or business at its new site, in accordance with criteria to be established by the displacing agency but not to exceed ten thousand dollars ($10,000).

B. Any displaced person eligible for payments under Subsection A of this section who is displaced from a dwelling and who elects to accept the payment authorized by this subsection in lieu of the payments authorized by Subsection A of this section may receive an expense and dislocation allowance, which shall be determined according to a schedule established by the displacing agency.

C. Any displaced person eligible for payments under Subsection A of this section who is displaced from his place of business or from his farm operation, and who is eligible under the criteria established by the displacing agency may elect to accept the payment authorized by this subsection in lieu of the payment authorized by Subsection A of this section. The payment shall consist of a fixed payment in an amount to be determined according to the criteria established by the displacing agency, except that the payment shall be not less than one thousand dollars ($1,000) nor more than twenty thousand dollars ($20,000). A person whose sole business at the displacement dwelling is the rental of the dwelling to others shall not qualify for a payment under this subsection.