2024 New Mexico Statutes
Chapter 42 - Actions and Proceedings Relating to Property
Article 2 - Special Alternative Condemnation Procedure
Section 42-2-11 - Election of trial by court or jury.

Any party desiring to try the cause before a jury, shall make demand and deposit jury fees pursuant to Rule 38, Rules of Civil Procedure [Rule 1-038 NMRA], and any other applicable rules of civil procedure.

The court with or without a jury may separately try the case involving each tract of land affected which is under different ownership, or separate tracts under the same ownership.

History: 1953 Comp., § 22-9-48, enacted by Laws 1959, ch. 324, § 10; 1967, ch. 207, § 3.

Demand for jury by one defendant not demand for others. — In an eminent domain proceeding, the property interests of one condemnee are a claim separate from another. Therefore, each party who waives trial by jury shall be tried by the court separately (or together, unless severance is ordered) and a demand for jury trial made by certain defendants does not act as a demand for other defendants. El Paso Elec. v. Real Estate Mart, Inc., 1982-NMCA-101, 98 N.M. 490, 650 P.2d 12, cert. denied, 98 N.M. 590, 651 P.2d 636.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 27 Am. Jur. 2d Eminent Domain §§ 558 et seq., 897, 898.

Right to have view by jury in condemnation proceedings, 77 A.L.R.2d 548.

29A C.J.S. Eminent Domain §§ 290, 292.