New Mexico Statutes 42-3-9. Reimbursement for expenses where condemnation does not result in acquisition or is abandoned
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A court having jurisdiction over a proceeding instituted by the displacing agency to acquire real property by condemnation shall, when required by federal law or by a federal grant contract governing the project or program, award the owner of any right, title or interest in the real property a sum which will reimburse the owner for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees actually incurred because of the condemnation proceedings, if:
Terms Used In New Mexico Statutes 42-3-9
- Appraisal: A determination of property value.
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
A. the final judgment in the proceeding is that the displacing agency cannot acquire the real property by condemnation; or
B. the proceeding is abandoned by the displacing agency.