New Mexico § 42-2-22 - Flood control; appropriation of land; compensation for immediate use

§ 42-2-22. Flood control; appropriation of land; compensation for immediate use

The state or any political subdivision thereof, may also use the special alternative

procedure in eminent domain set forth in Sections 42-2-1 through 42-2-21 NMSA 1978 (being Laws 1959, Chapter 324, Sections 1 through 16 and Laws 1963, Chapter 248,

Sections 1 through 5) to the extent it is otherwise authorized by law to exercise

the power of eminent domain to acquire, either temporarily or permanently, public

or privately owned lands, real property or any interests therein for the acquisition,

construction, operation or maintenance of facilities for the carrying, channeling,

impounding or disposition of storm, flood or surface drainage waters. Provided, however, that no order of entry to any property being taken under the special

alternative procedure for the acquisition, construction, operation and maintenance

of facilities for the carrying, channeling, impounding or disposition of storm, flood

or surface drainage waters may be granted until there is deposited with the clerk

of the district court a warrant for seventy-five percent of the amount offered as

just compensation for the immediate use, under such conditions as the court may deem

appropriate, of all persons having an estate or interest in such property, and the

final judgment shall not include interest from the date of such deposit on the amount

of such advance payment.