N.M. Stat. § 42-2-23
Condemnation of property in excess of need; sale to prior
owner; price.
In the event the state, a state agency or other entity condemns property in excess of
the dimensions or amount necessary for public use, as determined by the condemnor, if
such determination occurs within five years of the date of condemnation, the prior owner
from whom the property was taken, or his personal representative or heirs, shall have
the option to purchase the property determined to be in excess. Such persons may
purchase such property at a price equal to the price paid for such excess property by
the condemnor to the prior owner at the time of taking, plus interest at the rate of six
percent per year, for the period beginning with the date the prior owner received final
payment for the land taken, and ending when the notice of intent to dispose is mailed,
less the amount of any liens which attached against the property while it was held by
the condemnor.
The notice of intent to dispose shall be mailed to the last known address of the prior
owner by certified mail with a return receipt requested. The notice shall notify the prior
owner of his right to purchase, specify which portion of the property of the prior owner is
available for purchase by him, the number of acres available, the amount of money,
both the principal and interest it will require to repurchase it and the amount of any liens
which may be deducted from the purchase price. If within thirty days after mailing the
notice of intent to dispose, the prior owner or his personal representative or heirs elect
to exercise the option to purchase, the condemnor shall enter into an agreement
prepared and approved by the attorney general, if the condemnor is a state agency, and
by appropriate legal officer of the entity if the condemnor is an entity other than a state
agency for the sale of the surplus land to the prior owner, his personal representative or
heirs.
If the prior owner, his personal representative or heirs have not elected to exercise
the option within thirty days from the date of mailing the notice of intent to dispose, the
condemnor shall sell the property at public sale.