New Mexico § 42-2-15 - Verdict and judgment

§ 42-2-15. Verdict and judgment

Notwithstanding the provisions of the Relocation Assistance Act: A. for the purposes of assessing compensation and damages, the right thereto shall

be deemed to have accrued as of the date the petition is filed, and its actual value

on that date shall be the measure of compensation for all property taken, and also

the basis of damages for property not taken but injuriously affected in cases where

such damages are legally recoverable; the amount of the award shall be determined

from the evidence and not be limited to any amount alleged in the petition or set

forth in the answer; B. whenever just compensation shall be ascertained and awarded in such proceeding

and established by judgment, the judgment shall include as a part of the just compensation

awarded, interest at the rate of six percent a year from the date of the date the

petition is filed to the date of payment or the date when the proceedings are finally

abandoned; C. the court shall have the power to direct the payment of delinquent taxes, special

assessments and rental or other charges owed out of the amount determined to be just

compensation, and to make such orders with respect to encumbrances, liens, rents,

insurance and other just and equitable charges; and D. when two or more estates or divided interests in any tract are the subject of a

trial by a jury, and the court has determined that there shall be no division of the

causes, the verdict shall be in one sum and shall be the amount of just compensation

for the tract affected as of the date of the filing of the petition, and the court

shall thereafter proceed to hear and determine the value of the respective interests

or ownerships in said tract, and shall apportion the amount of the verdict between

the defendants according to their various interests therein.