New Mexico § 42-3-6 - Additional payment to property owner

§ 42-3-6. Additional payment to property owner

A. In addition to payments authorized by Section 42-3-5 NMSA 1978 , the displacing agency, as a part of the cost of the program or project, may make

an additional payment not to exceed thirty-one thousand dollars ($31,000) to a displaced

person who is displaced from a dwelling actually owned and occupied by the displaced

person for not less than ninety days prior to the initiation of negotiations for acquisition

of the property. The additional payment shall include the following: (1) the amount that when added to the acquisition cost to the displacing agency of

the dwelling acquired by the displacing agency equals the reasonable cost of a comparable

replacement dwelling; (2) the amount that will compensate the displaced person for any increased interest

cost and other debt service costs that the displaced person is required to pay for

financing the acquisition of a comparable replacement dwelling. The amount shall be paid only if the dwelling acquired by the displacing agency

was encumbered by a bona fide mortgage that was a valid lien on the dwelling for not

less than one hundred eighty days prior to the initiation of negotiations for the

acquisition of the dwelling. The amount of the increased costs shall be equal to the excess in the aggregate

interest and other debt service costs of the amount of the principal of the mortgage

on the replacement dwelling that is equal to the unpaid balance of the mortgage on

the acquired dwelling, over the remainder term of the mortgage on the acquired dwelling,

reduced to discounted present value. The discount rate shall be the prevailing interest rate paid on savings deposits

by commercial banks in the general area in which the replacement dwelling is located;

and (3) reasonable expenses incurred by the displaced person for evidence of title, recording

fees and other closing costs incident to the purchase of a comparable replacement

dwelling, but not including prepaid expenses. B. The additional payment authorized by this section shall be made only to a displaced

person who purchases and occupies a comparable replacement dwelling not later than

the end of the one-year period beginning on the date on which the displaced person

receives from the displacing agency final payment of all costs of the acquired dwelling

or on the date on which the displacing agency's obligations, pursuant to Paragraph (3) of Subsection C of Section 42-3-11 NMSA 1978 , are fulfilled, whichever is the later date. The displacing agency may extend this one-year period for good cause. If this one-year period is extended, the payment under this section shall be based

on the costs of relocating the displaced person to a comparable replacement dwelling

within one year of such date.