42A-1-6. Preliminary efforts to purchase.
101 words·~1 min read·
/nm/chapter-42a-condemnation-proceedings/article-1-general-provisions/42a-1-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. Except as provided in Sections 42A-1-7 and 42A-1-27 NMSA 1978, an action to condemn property may not be maintained over timely objection by the condemnee unless the condemnor made a good faith effort to acquire the property by purchase before commencing the action.
B. An offer to purchase made in substantial compliance with Sections 42A-1-3 through 42A-1-4 NMSA 1978 is prima facie evidence of good faith under Subsection A of this section.
History: 1978 Comp., § 42A-1-4, enacted by Laws 1980, ch. 20, § 6; amended and recompiled as § 42A-1-6 NMSA 1978 by Laws 1981, ch. 125, § 3.