A. No action or proceeding shall be commenced against any state agency or political subdivision by any person claiming an interest in property acquired or held by a state agency or political subdivision unless such action is brought within three years from the date such person was first entitled to reclaim his interest in the property, or if the right to reclaim such property has occurred prior to the effective date of this section, within three years from the date such person was first entitled to reclaim his interest in the property or within six months after the effective date of this section, whichever date occurs later. For the purpose of this subsection, the date a person is entitled to reclaim his interest in the property is the date of abandonment of the use for which the property was taken.
B. No action or proceeding shall be commenced pursuant to Section 42-1-23 NMSA 1978 [repealed] against any state agency or political subdivision by any person unless such action or proceeding is brought within three years from the date of the taking or damaging.
C. Nothing in this section shall be construed as reviving any cause of action, extending any time limit or statute of limitations or creating any right of action.
History: 1953 Comp., § 22-9-68, enacted by Laws 1974, ch. 59, § 1; 1980, ch. 20, § 2; 1978 Comp., § 42-1-40; recompiled as § 42A-1-31 by Laws 1981, ch. 125, § 60.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Laws 1981, ch. 125, § 62 repealed 42-1-23 NMSA 1978. Laws 1981, ch. 125, § 61 provided that all references to 42-1-23 NMSA 1978 shall be construed as references to 42A-1-29 NMSA 1978.
The 1980 amendment deleted "reversionary" preceding, and "real" following, "interest in" near the beginning of the first sentence, deleted "in fee simple determinable acquired through the exercise of the power of eminent domain" following "political subdivision" near the middle of the first sentence, added Subsection B and redesignated former Subsection B and present Subsection C.
Retroactivity of statute. — The statute of limitations created by this section may be applied retroactively to bar claims arising before enactment of the statute as long as the plaintiff was given a reasonable time within which to bring his action. Townsend v. State ex rel. State Hwy. Dep't, 1994-NMSC-014, 117 N.M. 302, 871 P.2d 958.
Applicability of Subsection B. — Since the plaintiff is not bringing an action to "reclaim" an interest in the property because the state has never legally acquired or held it, he is claiming that the property has been taken or damaged without just compensation by the state removing gravel under a mineral lease. Therefore, the limitations period established by Subsection B of this section is applicable to these proceedings. Townsend v. State ex rel. State Hwy. Dep't, 1994-NMSC-014, 117 N.M. 302, 871 P.2d 958.
Successive injuries. — In inverse condemnation cases, the traditional common-law rules apply to the accrual of the statute of limitations: a new and separate action arises with each new injury. Valdez v. Mountain Bell Tel. Co., 1988-NMCA-039, 107 N.M. 236, 755 P.2d 80.
Independent cause of actions. — A new cause of action arose each time the highway department removed sand and gravel. Therefore, a permanent taking occurred each time the character of rocks was changed by blasting and each time a truck left the property loaded with sand or gravel. As each cause of action arose, the statute of limitations began to run as to that cause alone. Townsend v. State ex rel. State Hwy. Dep't, 1994-NMSC-014, 117 N.M. 302, 871 P.2d 958.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Right of owner of land not originally taken or purchased as part of adjacent project to recover, on enlargement of project to include adjacent land, enhanced value of property by reason of proximity to original land, 95 A.L.R.3d 752.