New Mexico § 19-4-23 - Notice to file suit; service; publication; relinquishment on failure to obey
Full text of New Mexico New Mexico Statutes Annotated § 19-4-23 — Notice to file suit; service; publication; relinquishment on failure to obey, with citation guidance and answers to common questions.
§ 19-4-23. Notice to file suit; service; publication; relinquishment on failure to obey
In case suits shall not be brought for the purpose of settling or determining any
controversy to any such lands by either of the adverse claimants, within sixty days
after the expiration of the time for filing the statement, as provided in Section 19-4-10 NMSA 1978 , it shall be the duty of the probate judge or corporate authorities to give notice
to the adverse claimant filing his claim, or, if there be more than one adverse claim
filed, then to the last adverse claimant, directing him to commence his action against
the other claimants, as defendants, to determine their respective rights to said lands,
within twenty days from service of notice on him, and in case such adverse claimant
neglect or refuse to commence the action within the time specified, he shall be deemed
to have relinquished all right, title, interest and estate in the lands so in controversy,
and be forever barred from asserting or claiming any right, title, interest or estate,
therein. Such notice shall be served by the proper officer of said courts, in the same manner
as now provided for service of summons in any county in this state. If the officer return such notice, not found, notice shall be made by publication
for three weeks in some newspaper published in the county where the lands are situated,
and if no paper be published in said county, then by posting such notice in three
public places in the town where such lands are situated. And in addition thereto a copy of said notice shall be mailed to such adverse claimant
at his residence or usual place of abode. And in case there be more than one adverse claimant, and the last neglect or refuse
to commence his action after service of notice, as aforesaid, said probate judge or
corporate authorities shall serve like notice on the next last adverse claimants,
until all have been notified, as aforesaid.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 19-4-23
What does New Mexico Statutes Annotated § 19-4-23 cover?
Section 19-4-23 ("Notice to file suit; service; publication; relinquishment on failure to obey") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 19-4-23?
A common citation format is "New Mexico Statutes Annotated § 19-4-23" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 19-4-23 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.