N.M. Stat. » N.M. Stat. / Chapter 42A / Article 1
New Mexico Statutes

N.M. Stat. § 42A-1-4 (2026)

Negotiation; other appraisals.

✓ current as of May 2026
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A. A condemnor shall make reasonable and diligent efforts to acquire property by
negotiation.

   B. Unless prohibited by federal law, if the condemnor or condemnee has had
prepared appraisals for the property, he shall make such appraisals available to the
other party during the negotiation period.

History: 1978 Comp., § 42A-1-2, enacted by Laws 1980, ch. 20, § 4; recompiled as §
42A-1-4 by Laws 1981, ch. 125, § 2.

                                    ANNOTATIONS
Recompilations. — Laws 1981, ch. 125, § 3, recompiled former 42A-1-4 NMSA 1978,
relating to preliminary efforts to purchase property, as 42A-1-6 NMSA 1978.

Refusal to negotiate as affecting attorney's fees. — Where a county deliberately
chose to take property first and litigate afterwards, forcing the landowner to initiate the
lawsuit, the district court properly concluded that the county did not have the "right" to
take the property, and the condemnee was entitled to an award of attorney's fees.
Landavazo v. Sanchez, 1990-NMSC-114, 111 N.M. 137, 802 P.2d 1283.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Sufficiency of condemnor's negotiations
required as preliminary to taking in eminent domain, 21 A.L.R.4th 765.
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1990–2021 · leading case: Landavazo v. Sanchez, 802 P.2d 1283 (N.M. 1990).
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Landavazo v. Sanchez, 802 P.2d 1283 (N.M. 1990). · cites it 4× “" NMSA 1978, § 42A-1-4 (Repl.Pamp. 1981). Section 42A-1-6 provided, and still provides, that an action to condemn property "may not" [i.”
City of Sunland Park v. Santa Teresa Servs. Co., 75 P.3d 843 (N.M. Ct. App. 2003). · cites it 2× “” For example, Section 42A-1-4 encourages the condemnor and condemnee to negotiate an acceptable acquisition price.”
Dep't of Transp. Ex Rel. People v. Hunziker, 796 N.E.2d 122 (Ill. App. Ct. 2003). “55 (1) (West 2003); N.M. Stat. Ann. § 42A-1-4 (Michie 2002). Many states require that appraisals be given to landowners at the commencement of prefiling negotiations.”
City of Albuquerque v. SMP Props., LLC, 2021 NMSC 011 (N.M. 2021). · cites it 2× “” See NMSA 1978, § 42A-1-4(A) (1981) (“A condemnor shall make reasonable and diligent efforts to acquire property by negotiation.”
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. v. City of Las Cruces, 219 P.3d 517 (N.M. Ct. App. 2009). “Sections 42A-1-4, -5, -10. Once a condemnation action is filed, assuming that the condemnor is successful, the condemnor must then pay the condemnee just compensation for the taking of the property.”
Dep't of Transp. v. Hunziker - Supp. filed & added 9/10/03 (Ill. App. Ct. 2003). “55 (1) (West 2003); N.M. Stat. Ann. § 42A-1-4 (Michie 2002). Many states require that appraisals be given to landowners at the commencement of prefiling negotiations.”
N.M. Stat. § 42A-1-4(A): 1 case
City of Albuquerque v. SMP Props., LLC, 2021 NMSC 011 (N.M. 2021). “” See NMSA 1978, § 42A-1-4(A) (1981) (“A condemnor shall make reasonable and diligent efforts to acquire property by negotiation.”
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