New Mexico Statutes

N.M. Stat. § 42A-1-2 (2026)

Definitions.

✓ current as of May 2026

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As used in the Eminent Domain Code, and unless the context otherwise requires:
A. "condemn" means to take or damage property under the power of eminent
domain;

B. "condemnee" means a person who has or claims an interest in property that is
the subject of a prospective or pending condemnation action;

C. "condemnor" means a person empowered by law to condemn;

D. "court" means a district court of this state and includes, when the context
requires, any judge of that court;

E. "governmental entity" means the state or local public body;

F. "litigation expenses" includes all expenses reasonably and necessarily incurred
in the condemnation proceeding including and subsequent to the filing of the petition, in
preparing for trial, during trial and in any subsequent judicial proceedings including
reasonable attorney's fees, appraisal fees and fees for the services of other experts
where such fees were reasonably and necessarily incurred to protect the condemnee's
interest in the proceeding, in preparing for trial, during trial and in any subsequent
judicial proceedings;

G. "local public body" means a political subdivision of the state and its agencies,
instrumentalities and institutions;

H. "person" includes a natural individual, partnership, corporation, association, other
legal or fiduciary entity and a governmental entity;

I. "personal property" means any property other than real property;

J. "property" means real or personal property under the law of New Mexico;

K. "real property" means land and any improvements upon or connected with land,
and includes an easement or other interest therein; and

L. "state" means the state of New Mexico or any of its branches, agencies,
departments, boards, instrumentalities or institutions.

History: 1978 Comp., § 42A-1-2, enacted by Laws 1981, ch. 125, § 2.

ANNOTATIONS

Recompilations. — Laws 1981, ch. 125, § 2, recompiled former 42A-1-2 NMSA 1978,
relating to negotiation, as 42A-1-4 NMSA 1978.

Recognized property interest required for "condemnee" status. — Ownership of a
recognized property interest in the property taken or damaged is what makes a party a
"condemnee". In turn, status as a condemnee is what gives a party standing to
challenge the condemnation. City of Sunland Park v. Santa Teresa Servs. Co., 2003-
NMCA-106, 134 N.M. 243, 75 P.3d 843, cert. denied, 134 N.M. 179, 74 P.3d 1071.

Parties with debt claims against the property owner, whether unsecured or recorded,
could not meaningfully participate in condemnation proceedings as "condemnees".
Rather, parties with such claims must rely for relief on the allocation proceedings
conducted under 42A-1-24(C) NMSA 1978. City of Sunland Park v. Santa Teresa
Servs. Co., 2003-NMCA-106, 134 N.M. 243, 75 P.3d 843, cert. denied, 134 N.M. 179,
74 P.3d 1071.

Tax liens in New Mexico do not create an ownership interest in the sense required by
the Code in order for the lien holder to be considered a condemnee. City of Sunland
Park v. Santa Teresa Servs. Co., 2003-NMCA-106, 134 N.M. 243, 75 P.3d 843, cert.
denied, 134 N.M. 179, 74 P.3d 1071.

Notes of Decisions

Cited in 7 cases, 2003–2020 · leading case: City of Sunland Park v. Santa Teresa Servs. Co., 75 P.3d 843 (N.M. Ct. App. 2003).

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City of Sunland Park v. Santa Teresa Servs. Co., 75 P.3d 843 (N.M. Ct. App. 2003). · cites it 6× “Section 42A-1-2(B) defines “condemnee” as a “person who has or claims an interest in property that is the subject of a prospective or pending condemnation action.”

Nash v. Bd. of Cnty. Comm'rs of Catron Cnty. & Belen Consol. Sch. Dist. v. Valencia Cnty., 2021 NMSC 005 (N.M. 2020). · cites it 2× “” NMSA 1978, § 42A-1-2(E), (G), (H) (defining the terms governmental entity, local public body, and person).”

SWEPI, LP v. Mora Cnty., 81 F. Supp. 3d 1075 (D.N.M. 2015). · cites it 2× “’” N.M. Stat. Ann. § 42A-1-2(H). Section 42A-1-29 may be interpreted to mean that, if a person has general eminent domain powers, that person may be liable in an inverse condemnation action, as long as the taking was for public use.”

Tri-State Generation & Transmission Ass'n v. King, 78 P.3d 1226 (N.M. 2003). · cites it 4× “Tri-State argues that its authority to condemn can be found in the Rural Electric Cooperative Act (RECA), which endows rural electric cooperatives with the power of condemnation.”

Leigh v. Vill. of Los Lunas, 108 P.3d 525 (N.M. Ct. App. 2004). “See § 42A-1-2(C). When a property owner believes property has been taken or damaged by the government but no condemnation petition has been filed, the property owner may institute an inverse condemnation action against the condemnor for taking or damaging the property.”

Moongate Water Co., Inc. v. City of Las Cruces, 2014 NMCA 075 (N.M. Ct. App. 2014). · cites it 3× “, § 42A-1-2(A); § 42A-1-4 (condemnor shall make reasonable efforts to acquire property); § 42A-1-6 (requiring condemnor to make good faith effort to purchase property before commencing action); see also § 42A-1-17(A) (providing that, if the condemnor and condemnee cannot agree…”

Moongate Water Co., Inc. v. City of Las Cruces, 2014 NMCA 75 (N.M. Ct. App. 2014). · cites it 5× “58 against 1 The Code defines “condemnee” as a “person who has or claims an interest in property that is the subject of a prospective or pending condemnation action[,]” and “condemnor” as “a person empowered by law to condemn.”

— N.M. Stat. § 42A-1-2(A) — 2 cases

Moongate Water Co., Inc. v. City of Las Cruces, 2014 NMCA 075 (N.M. Ct. App. 2014). “, § 42A-1-2(A); § 42A-1-4 (condemnor shall make reasonable efforts to acquire property); § 42A-1-6 (requiring condemnor to make good faith effort to purchase property before commencing action); see also § 42A-1-17(A) (providing that, if the condemnor and condemnee cannot agree…”

Moongate Water Co., Inc. v. City of Las Cruces, 2014 NMCA 75 (N.M. Ct. App. 2014). “58 against 1 The Code defines “condemnee” as a “person who has or claims an interest in property that is the subject of a prospective or pending condemnation action[,]” and “condemnor” as “a person empowered by law to condemn.”

— N.M. Stat. § 42A-1-2(B) — 2 cases

City of Sunland Park v. Santa Teresa Servs. Co., 75 P.3d 843 (N.M. Ct. App. 2003). “Section 42A-1-2(B) defines “condemnee” as a “person who has or claims an interest in property that is the subject of a prospective or pending condemnation action.”

— N.M. Stat. § 42A-1-2(C) — 3 cases

Tri-State Generation & Transmission Ass'n v. King, 78 P.3d 1226 (N.M. 2003). “Tri-State argues that its authority to condemn can be found in the Rural Electric Cooperative Act (RECA), which endows rural electric cooperatives with the power of condemnation.”

— N.M. Stat. § 42A-1-2(E) — 1 case

Nash v. Bd. of Cnty. Comm'rs of Catron Cnty. & Belen Consol. Sch. Dist. v. Valencia Cnty., 2021 NMSC 005 (N.M. 2020). “” NMSA 1978, § 42A-1-2(E), (G), (H) (defining the terms governmental entity, local public body, and person).”

— N.M. Stat. § 42A-1-2(H) — 1 case

SWEPI, LP v. Mora Cnty., 81 F. Supp. 3d 1075 (D.N.M. 2015). “’” N.M. Stat. Ann. § 42A-1-2(H). Section 42A-1-29 may be interpreted to mean that, if a person has general eminent domain powers, that person may be liable in an inverse condemnation action, as long as the taking was for public use.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.