45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO LEGAL NOTICES; PROVIDING FOR DISTRIBUTION OF COPIES OF LEGAL NOTICES.

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

Section 1. Section 14-11-2 NMSA 1978 (being Laws 1937, Chapter 167, Section 2, as amended) is amended to read:

"14-11-2. REQUIREMENT FOR PUBLICATION OF LEGAL NOTICE OR ADVERTISEMENT.--

[Any and every] A. A legal notice or advertisement shall be published in a [daily, tri-weekly, a semi-weekly or a weekly] newspaper of general circulation that can be obtained by single copy and that is entered under the second class postage privilege in the county in which the notice or advertisement is required to be published [which newspaper]. If the notice is published in a tri-weekly, semi-weekly or weekly newspaper, the newspaper shall have been [so] published in the county continuously and uninterruptedly during the period of at least twenty-six consecutive weeks next prior to the first issue [thereof] containing [any such] the notice or advertisement. [and which newspaper] If the notice is published in a daily newspaper, the newspaper shall have been [so] published in the county uninterruptedly and continuously during the period of at least six months next prior to the first issue [thereof] containing [any such] the notice or advertisement [provided that the mere]. A change in the name of [any] a newspaper or the removal of the principal business office or seat of publication of [any] a newspaper from one place to another in the same county shall not break or affect the continuity in the publication of [any such] the newspaper if the newspaper is [in fact] continuously and uninterruptedly printed and published within the county as provided in this section [provided further that]. A newspaper shall not lose its rights as a legal publication if it fails to publish one or more of its issues by reason of fire, flood, accident, transportation embargo or tie-up or other casualty beyond the control of the publisher [provided further that any]. A legal notice [which] that fails [of publication] to be published for the required number of insertions [by] for reasons beyond the control of the publisher shall not be declared illegal if the [publication] notice has been made in one issue of the publication [and provided further that if in any county in this state there has not been published any]. If a newspaper has not been published in a county for the prescribed period at the time [when any] such notice or advertisement is required to be published, the notice or advertisement may be published in [any] a newspaper having a general circulation or published and printed in whole or in part in that county and that can be obtained by single copy in that county.

B. At the time of the first publication of a legal notice or advertisement, a copy of the notice shall be sent to each newspaper, magazine, radio station and television station in the county in which the notice is required to be published."