HOUSE BILL 557

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Peter Wirth

AN ACT

RELATING TO CONDEMNATION PROCEEDINGS; PROVIDING LITIGATION EXPENSES FOR SUCCESSFUL CONDEMNEES IN EMINENT DOMAIN LITIGATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 42A-1-25 NMSA 1978 (being Laws 1981, Chapter 125, Section 21) is amended to read:

     "42A-1-25. LITIGATION EXPENSES.--

          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;

                (4) the court finds that the condemnor is liable to the condemnee as provided in Section 42A-1-12 NMSA 1978;

                (5) the condemnee is awarded compensation and damages against the condemnor in a condemnation proceeding in an amount greater than the amount offered in the condemnor's petition as provided in Subsection B of Section 42A-1-17 NMSA 1978; or

                (6) the court makes an order permitting entry for suitability studies as provided in Section 42A-1-9 NMSA 1978.

          B. Before awarding litigation expenses pursuant to this section, the court shall review the reasonableness of such expenses and fees."

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