In any condemnation action brought under the provisions of this act [42-2-1 to 42-2-16 NMSA 1978], the defendant shall have the burden of proceeding and the right to commence and conclude the argument.
History: 1953 Comp., § 22-9-50, enacted by Laws 1959, ch. 324, § 12.
ANNOTATIONSLessee bears burden in suit to apportion award. — Since, in eminent domain proceedings, the owner has the burden of establishing his damages and must open and close the evidence as well as the arguments, the burden was on lessee of condemned property to establish her damages in suit to apportion condemnation award between lessee and fee owner. State ex rel. State Hwy. Comm'n v. Sherman, 1971-NMSC-009, 82 N.M. 316, 481 P.2d 104.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Admissibility, and effect of admission, in condemnation proceedings of plans and specifications as regards the work to be done on, or the particular use to be made of, the land in question, 89 A.L.R. 879.
Admissibility, in eminent domain proceeding, of evidence as to price paid for condemned real property during pendency of the proceeding, 55 A.L.R.2d 781.
How to obtain jury trial in eminent domain: waiver, 12 A.L.R.3d 7.
Propriety and effect, in eminent domain proceeding, of argument or evidence as to landowner's unwillingness to sell property, 17 A.L.R.3d 1449.
Propriety and effect, in eminent domain proceeding, of argument or evidence as to source of funds to pay for property, 19 A.L.R.3d 694.
Propriety and effect, in eminent domain proceeding, of instruction to the jury as to landowner's unwillingness to sell property, 20 A.L.R.3d 1081.
Propriety and effect of argument or evidence as to financial status of parties in eminent domain proceeding, 21 A.L.R.3d 936.
Admissibility, on issue of value of condemned real property, of rental value of other real property, 23 A.L.R.3d 724.
Admissibility of photographs or models of property condemned, 23 A.L.R.3d 825.
Admissibility of evidence of proposed or possible subdivision or platting of condemned land on issue of value in eminent domain proceedings, 26 A.L.R.3d 780.
Admissibility of testimony of expert, as to basis of his opinion, to matters otherwise excludible as hearsay - state cases, 89 A.L.R.4th 456.