N.M. Stat. § 42-5A-6
Determination of value.
A. Except as otherwise provided in Subsections B and C of this section, if the court
determines that the property that is the subject of a partition action is heirs property, the
court shall determine the fair market value of the property by ordering an appraisal
pursuant to Subsection D of this section.
B. If all cotenants have agreed to the value of the property or to another method of
valuation, the court shall adopt that value or the value produced by the agreed method
of valuation.
C. If the court determines that the evidentiary value of an appraisal is outweighed by
the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair
market value of the property and send notice to the parties of the value.
D. If the court orders an appraisal, the court shall appoint a disinterested real estate
appraiser licensed in this state to determine the fair market value of the property
assuming sole ownership of the fee simple estate. On completion of the appraisal, the
appraiser shall file a sworn or verified appraisal with the court.
E. If an appraisal is conducted pursuant to Subsection D of this section, not later
than ten days after the appraisal is filed, the court shall send notice to each party with a
known address stating:
(1)
the appraised fair market value of the property;
(2)
that the appraisal is available at the clerk's office; and
(3)
that a party may file with the court an objection to the appraisal not later
than thirty days after the notice is sent, stating the grounds for the objection.
F. If an appraisal is filed with the court pursuant to Subsection D of this section, the
court shall conduct a hearing to determine the fair market value of the property not
sooner than thirty days after a copy of the notice of the appraisal is sent to each party
under Subsection E of this section, whether or not an objection to the appraisal is filed
under Paragraph (3) of Subsection E of this section. In addition to the court-ordered
appraisal, the court may consider any other evidence of value offered by a party.
G. After a hearing under Subsection F of this section, but before considering the
merits of the partition action, the court shall determine the fair market value of the
property and send notice to the parties of the value.