2019 New Mexico Statutes
Chapter 73 - Special Districts
Article 14 - Conservancy Districts; Definitions; Organization and Management
Section 73-14-42 - Condemnation under general law.

The district shall also have the right, instead of having appraisals made by the board of appraisers, to condemn for the use of the district according to the procedure provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978] for the appropriation of property taken for public use and [any] property within or without the district not acquired or condemned by the court on the report of the appraisers.

History: Laws 1927, ch. 45, § 311; C.S. 1929, § 30-311; 1941 Comp., § 77-2721; 1953 Comp., § 75-28-21; Laws 1981, ch. 125, § 58.

The 1981 amendment, effective July 1, 1981, inserted "board of" preceding "appraisers" near the beginning of the section, substituted "the Eminent Domain Code" for "Chapter XXXIV of the Codification of 1915, and all amendatory or supplementary acts" near the middle of the section, deleted "land or other" following "appropriation of" near the middle of the section, substituted "and" for "any land or" near the end of the section and substituted "the" for "said" preceding "district" near the end of the section.

Relaxation of damages doctrine evidenced. — The various provisions of this article manifest an intention to avoid or relax the doctrine that damages when assessed according to law must include all allowable damages. Zamora v. Middle Rio Grande Conservancy Dist., 1940-NMSC-030, 44 N.M. 364, 102 P.2d 673.

Other compensation proceedings distinguished. — Provision of Section 73-17-18 NMSA 1978 pertaining to ascertainment of the amount of compensation for lands taken and damaged to be arrived at by the board of appraisers is not a substitute for condemnation proceedings referred to in this section. Zamora v. Middle Rio Grande Conservancy Dist., 1940-NMSC-030, 44 N.M. 364, 102 P.2d 673.

Petition for damages no substitute for condemnation proceedings. — Section 73-17-18 NMSA 1978 is not a substitute for condemnation proceedings referred to in Section 73-14-42 NMSA 1978. Under 73-17-18 NMSA 1978, the plaintiffs initiate their claims for damages with a petition, while under eminent domain proceedings the defendant initiates its claims for condemnation of plaintiffs' property. Wells v. Arch Hurley Conservancy Dist., 1976-NMCA-082, 89 N.M. 516, 554 P.2d 678.