New Mexico Statutes 31-27-2. Purpose of act; applicability; no additional remedies
A. The purposes of the Forfeiture Act are to:
Terms Used In New Mexico Statutes 31-27-2
- Lien: A claim against real or personal property in satisfaction of a debt.
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(1) make uniform the standards and procedures for the seizure and forfeiture of property subject to forfeiture;
(2) protect the constitutional rights of persons whose property is subject to forfeiture and of innocent owners holding interests in property subject to forfeiture;
(3) deter criminal activity by reducing its economic incentives; (4) increase the pecuniary loss from criminal activity;
(5) protect against the wrongful forfeiture of property; and
(6) ensure that only criminal forfeiture is allowed in this state and only pursuant to state law.
B. The Forfeiture Act:
(1) applies to all seizures, forfeitures and dispositions of property subject to forfeiture pursuant to laws that specifically apply the Forfeiture Act in this state; and
(2) does not apply to:
(a) contraband, which is subject to seizure pursuant to applicable state laws, but is not subject to forfeiture pursuant to the Forfeiture Act;
(b) animals that are subject to seizure, impoundment, alteration, permanent removal from custody or destruction for animal welfare, public health and safety or compliance and enforcement purposes pursuant to applicable state and local laws;
(c) real property or personal property that is located on that real property that is subject to destruction pursuant to state and local laws to protect public health and safety; and
(d) forfeiture that results from a lien for charges or assessments that are provided for or fixed by state or local laws.