A. If any defendant who has appeared in the cause shall fail to appear at the time set for trial, whether such trial be set before the court with or without a jury, the court shall direct that his default be entered and shall conduct such hearings as it deems necessary and proper to determine the amount of just compensation due to the defendant.
B. If any defendant has failed to appear or answer within the time allowed, and the clerk has entered his default, then the court shall conduct such hearings as it deems necessary and proper to determine the amount of just compensation due the defendant.
C. For the purpose of the hearing required in Subsection [Subsections] A and B above, the court may consider by affidavit or other proof of the value of the property taken, the damage, if any, which may result from the occupation and condemnation, and the amount offered as set forth in the petition and shall enter such judgment as it deems proper.
History: 1953 Comp., § 22-9-51, enacted by Laws 1959, ch. 324, § 13.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Section complies with constitutional standards. — This section contemplates that after entry of default by the clerk, the court shall conduct a hearing and determine the amount of just compensation due a condemnee. This is in recognition of N.M. Const., art. II, §§ 18 and 20. Board of Cnty. Comm'rs v. Boyd, 1962-NMSC-090, 70 N.M. 254, 372 P.2d 828.
Civil rule applies to section. — Rule 1-055 B NMRA is applicable to entry of default in eminent domain proceedings filed under "special alternative procedure," and failure to give required notice requires an appellate court to reverse a default judgment. Board of Cnty. Comm'rs v. Boyd, 1962-NMSC-090, 70 N.M. 254, 372 P.2d 828.