A. Upon the filing of the report of the commissioners prepared pursuant to Section 42A-1-19 NMSA 1978, the clerk of the court shall notify the attorneys of record for all of the parties to such proceeding who have entered appearances or, if not represented by attorney, all parties who have entered appearances at their respective post-office addresses of record, of the filing of the report.
B. Failure to give notice as provided in this section or failure to receive the notice shall not operate to extend the time for filing the exceptions to the report of the commissioners.
C. The report of the commissioners may be reviewed by the court in which the proceedings are had on written exceptions filed in the clerk's office by either or any party within thirty days after the time of the filing of the report in the clerk's office. The court shall either confirm the report or order a second appraisal either by the commissioners already appointed or by three other qualified commissioners to be appointed for that purpose.
History: 1978 Comp., § 42A-1-20, enacted by Laws 1981, ch. 125, § 16.
ANNOTATIONSSection gives district judge extensive power over report of the commissioners in condemnation proceedings, and the court may not only review the report of the commissioners upon written exceptions filed, but is authorized to make such orders as right and justice may require. State ex rel. Davis v. District Court, 1960-NMSC-071, 67 N.M. 215, 354 P.2d 145.
Court may confirm report or order new appraisement. — District court is without statutory authority, in passing upon exceptions to commissioners' report in condemnation proceedings, to substitute its judgment on the question of damages for that of the commissioners, and its power is therefor limited to either confirming the report or ordering a second appraisement. State ex rel. Weltmer v. Taylor, 1938-NMSC-035, 42 N.M. 405, 79 P.2d 937.
Order confirming report of commissioners becomes final unless an appeal is taken therefrom. Transwestern Pipe Line Co. v. Yandell, 1961-NMSC-173, 69 N.M. 448, 367 P.2d 938.
Submission of exceptions' effect on right to disqualify judge. — In condemnation proceedings, the submission of exceptions to the commissioners' report for a ruling thereon by district judge waived exceptor's statutory right to disqualify the judge in that case. State ex rel. Weltmer v. Taylor, 1938-NMSC-035, 42 N.M. 405, 79 P.2d 937.
Confirmation is essential before judgment can be entered and execution issued or possession of the property had. State ex rel. City of Albuquerque v. Johnson, 1941-NMSC-043, 45 N.M. 480, 116 P.2d 1021.
Effect of appeal to district court for trial de novo. — An appeal to the district court for a trial de novo is not an appeal in the usual sense, but a notice of dissatisfaction with the award of compensation and damages by the commissioners and a request for a new award to be made by a jury and the court. The trial de novo is not the beginning of a new action, but a continuation of the proceeding from the time of the filing of the original petition in condemnation. Transwestern Pipe Line Co. v. Yandell, 1961-NMSC-173, 69 N.M. 448, 367 P.2d 938.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 27 Am. Jur. 2d Eminent Domain §§ 511 et seq., 555, 704 et seq., 567 et seq., 736, 738.
Protection of rights of mortgagee in eminent domain proceedings, 58 A.L.R. 1534, 110 A.L.R. 542, 154 A.L.R. 1110.
Quotient condemnation report or award by commissioners or the like, 39 A.L.R.2d 1208.
Propriety of court's consideration of ecological effects of proposed project in determining right of condemnation, 47 A.L.R.3d 1267.
29A C.J.S. Eminent Domain §§ 148, 315 to 328, 335, 371 to 374, 367, 419.