A. Upon filing a petition in condemnation in the district court, the clerk shall issue and give notice of condemnation which shall contain:
(1) a copy of the petition and the appraisal, if one was prepared pursuant to Section 42A-1-5 NMSA 1978;
(2) the title of the action;
(3) the name or designation of the court and county in which the action is brought as well as the cause number;
(4) a direction that the condemnee appear and answer to the petition within thirty days after service of notice, and a statement that unless the condemnee appears and answers, the petitioner will apply to the court for the relief demanded in the petition;
(5) the name and address of the petitioner's attorney shall appear on every notice; and
(6) a general statement of the nature of the action and a general description of the property involved in the action.
B. If the condemnor in his petition requests an order for immediate possession, notice of such request shall be incorporated in the notice provided for pursuant to Subsection A of this section.
C. If an appraisal has been prepared pursuant to Section 42A-1-5 NMSA 1978, the condemnor shall file a copy of it at the time the petition is filed and shall deposit with the clerk of the court the amount determined by the appraisers pursuant to Section 42A-1-5 NMSA 1978. The deposit shall be managed pursuant to the provisions of Subsections E through G of Section 42A-1-19 NMSA 1978.
History: 1978 Comp., § 42A-1-18, enacted by Laws 1981, ch. 125, § 14.
ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Conditions imposed to approval of proposed subdivision map or plat as constituting taking of property for public use without compensation, 11 A.L.R.2d 524.
29A C.J.S. Eminent Domain §§ 220, 237 to 247, 248 to 266.