A. At the time of filing the petition, the condemnor may apply to the court for an order for immediate possession of the property proposed to be taken.
B. Upon filing the petition, the court shall set a time for hearing within thirty days of the filing, and notice shall be given as provided in Section 42A-1-18 NMSA 1978.
C. At the hearing, the court shall make an order authorizing the condemnor to take immediate possession of the property if it finds that the use for which the property sought to be condemned is a public use and that immediate possession is necessary.
D. If the order is granted pursuant to Subsection C of this section and no offer was made pursuant to Section 42A-1-5 NMSA 1978, the court shall require the condemnor to deposit with the court an amount established by it. Money from the deposit may be invested and disbursed as provided in Subsections E through G of Section 42A-1-19 NMSA 1978. Upon final confirmation of the report of the commissioners, the deposit made pursuant to this subsection shall be adjusted to reflect that report. The adjustment, however, shall not require the condemnee to refund any amount withdrawn pursuant to Subsection E of Section 42A-1-19 NMSA 1978, but any amount withdrawn shall be credited against the total amount awarded pursuant to Section 42A-1-24 NMSA 1978.
E. The order for immediate possession shall describe the property to which the condemnor is authorized to take possession. The description may be by reference to the petition. The order shall also state the date at which the condemnor is authorized to take possession of the property.
History: 1978 Comp., § 42A-1-22, enacted by Laws 1981, ch. 125, § 18.
ANNOTATIONSUse of a natural gas pipeline was a "public use" as required for condemnation under the Eminent Domain Code. Kennedy v. Yates Petroleum Corp., 1986-NMSC-064, 104 N.M. 596, 725 P.2d 572.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Eminent Domain §§ 155, 156, 918 et seq.; 27 Am. Jur. 2d Eminent Domain §§ 519 et seq., 854 et seq.
Provision for taking or retaining possession pending appeal in condemnation proceeding, 55 A.L.R. 201.
Condemnation proceedings as affecting insurable interest of property owner, 29 A.L.R.2d 888.
Who, as between condemnor and condemnee, bears risk of loss or destruction of property occurring after commencement but before completion of eminent domain proceedings, 89 A.L.R.2d 1076.
Injunction against exercise of power of eminent domain, 93 A.L.R.2d 465.
Right to enter land for preliminary survey or examination, 29 A.L.R.3d 1104.
29A C.J.S. Eminent Domain §§ 172 to 177, 183, 212, 267, 348, 387 to 390, 401, 413, 419.