As used in the Eminent Domain Code, and unless the context otherwise requires:
A. "condemn" means to take or damage property under the power of eminent domain;
B. "condemnee" means a person who has or claims an interest in property that is the subject of a prospective or pending condemnation action;
C. "condemnor" means a person empowered by law to condemn;
D. "court" means a district court of this state and includes, when the context requires, any judge of that court;
E. "governmental entity" means the state or local public body;
F. "litigation expenses" includes all expenses reasonably and necessarily incurred in the condemnation proceeding including and subsequent to the filing of the petition, in preparing for trial, during trial and in any subsequent judicial proceedings including reasonable attorney's fees, appraisal fees and fees for the services of other experts where such fees were reasonably and necessarily incurred to protect the condemnee's interest in the proceeding, in preparing for trial, during trial and in any subsequent judicial proceedings;
G. "local public body" means a political subdivision of the state and its agencies, instrumentalities and institutions;
H. "person" includes a natural individual, partnership, corporation, association, other legal or fiduciary entity and a governmental entity;
I. "personal property" means any property other than real property;
J. "property" means real or personal property under the law of New Mexico;
K. "real property" means land and any improvements upon or connected with land, and includes an easement or other interest therein; and
L. "state" means the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions.
History: 1978 Comp., § 42A-1-2, enacted by Laws 1981, ch. 125, § 2.
ANNOTATIONSRecompilations. — Laws 1981, ch. 125, § 2, recompiled former 42A-1-2 NMSA 1978, relating to negotiation, as 42A-1-4 NMSA 1978.
Recognized property interest required for "condemnee" status. — Ownership of a recognized property interest in the property taken or damaged is what makes a party a "condemnee". In turn, status as a condemnee is what gives a party standing to challenge the condemnation. City of Sunland Park v. Santa Teresa Servs. Co., 2003-NMCA-106, 134 N.M. 243, 75 P.3d 843, cert. denied, 134 N.M. 179, 74 P.3d 1071.
Parties with debt claims against the property owner, whether unsecured or recorded, could not meaningfully participate in condemnation proceedings as "condemnees". Rather, parties with such claims must rely for relief on the allocation proceedings conducted under 42A-1-24(C) NMSA 1978. City of Sunland Park v. Santa Teresa Servs. Co., 2003-NMCA-106, 134 N.M. 243, 75 P.3d 843, cert. denied, 134 N.M. 179, 74 P.3d 1071.
Tax liens in New Mexico do not create an ownership interest in the sense required by the Code in order for the lien holder to be considered a condemnee. City of Sunland Park v. Santa Teresa Servs. Co., 2003-NMCA-106, 134 N.M. 243, 75 P.3d 843, cert. denied, 134 N.M. 179, 74 P.3d 1071.