Proof of payment; recording judgment.

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A. After the condemnor has made payment in full to the clerk of the district court in accordance with the judgment in the condemnation action, the clerk shall certify upon the judgment that payment has been made.

B. A copy of the judgment showing payment shall be recorded in the office of the county clerk of the county in which the property is located, and thereupon the title or interest in the property affected shall vest in the condemnor.

C. If the condemnor is a governmental entity, a copy of the judgment shall be filed with the county assessor who shall remove such property from the tax rolls.

History: 1978 Comp., § 42A-1-27, enacted by Laws 1981, ch. 125, § 23.

ANNOTATIONS

Once city satisfied requirements of this section, the city had a clear legal right to enforce. City of Sunland Park v. N.M. Pub. Reg. Comm'n, 2004-NMCA-024, 135 N.M. 143, 85 P.3d 267, cert. denied, 135 N.M. 169, 86 P.3d 47.

Title vests, according to Subsection B of this section, when the certification of deposit is recorded in the district court, not when the money is disbursed to the condemnee. City of Sunland Park v. N.M. Pub. Reg. Comm'n, 2004-NMCA-024, 135 N.M.143, 85 P.3d 267, cert. denied, 2004-NMCERT-002, 135 N.M. 169, 86 P.3d 47.


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