Condemnation Procedures

A. Condemnation proceedings. (1) Upon initiating condemnation procedures, the authority shall expeditiously and diligently follow the condemnation procedures set forth in the Eminent Domain Code found at NMSA 1978, Section 42A-1-1 et seq. as it may be modified from time to time. (2) The applicant shall cooperate with the authority to assist the authority in carrying out the authority’s procedures set forth herein and its obligations under the law in an expeditious and diligent manner. B. Costs and expenses. (1) The applicant shall be responsible for all costs and expenses incurred by the authority in the condemnation action, including all attorneys’ fees. The applicant shall pay all such costs and expenses within 30 days after receipt of an invoice for such from the authority, subject to dispute provisions which shall be set forth in the agreement. If an applicant fails to timely pay all such costs and expenses, the authority may discontinue the condemnation action. (2) Prior to the authority’s initiation of condemnation proceedings under the Eminent Domain Code, the applicant shall obtain a surety or cash bond in an amount agreed to by the parties and as required by law. (3) The authority shall diligently work to reasonably minimize damages, other costs, and litigation expenses for which the applicant is responsible. The authority shall consult with the applicant prior to incurring substantial costs or expenditures, whenever practicable. The authority shall not make any offer above fair market value without prior approval by the applicant. [17.8.3.10 NMAC - N, 12/15/2011] 17.8.3.11 OTHER AGREEMENTS; DISPOSITION OF PROPERTY: A. In addition to the agreement, the authority and the applicant may enter into any other contracts or agreements they deem necessary setting forth the roles and obligations of the parties in the condemnation proceeding, the disposition and use of the property once acquired by the authority, and any other matter. The authority may dispose of any or all of the property in accordance with New Mexico law if it determines that doing so fulfills a public purpose. The use of the property for the same purpose for which the property was condemned is deemed to fulfill a public purpose. B. If the property cannot be used for the purpose for which it was condemned, and if practicable and permissible under existing laws, the authority shall offer the property owner an opportunity to purchase the property from the authority at fair market value.