N.M. Stat. § 42-5-7
Finding that property cannot be partitioned; appraisal;
report of commissioners; contest of report; hearing; sale.
A. Should the commissioners be of the opinion that the real estate is so
circumstanced that a partition thereof cannot be made without manifest prejudice to the
owners or proprietors of the same, they shall proceed to appraise the real estate at its
cash value at the time, deducting the amount of all liens and encumbrances against
such real estate, and the commissioners shall so report to the court and file with their
said report a written appraisal. Any party to the action who shall have been adjudged by
the court to have an interest in the real estate appraised, may within ten days from the
date of filing of said report and appraisal contest said report or said appraisal, and for
such purpose shall file in the cause an affidavit setting forth wherein said report,
appraisal or both is incorrect; provided, that the affidavit shall put in issue only the value
of the real estate as shown by the appraisal and the question as to whether or not the
real estate is so circumstanced that a partition hereof cannot be had without manifest
prejudice to the owners or proprietors thereof, and the court shall hear proof touching
the matters set forth in the affidavit, and if the report or the appraisal shall be found by
the court to be incorrect, the court shall determine the value of the real estate and
whether or not the real estate can be divided without manifest prejudice to the owners
or proprietors thereof. If the report or appraisal shall be found by the court to be correct
the same shall be confirmed by the court. In the event the report of the commissioners
shall not be contested within the time above provided, or in the event the report of the
commissioners shall be confirmed by the court, the court, in its discretion, may order the
premises to be sold at public or private sale, providing in the order for reasonable public
notice of such sale on such terms and conditions as it may prescribe; provided, that if
the court does not order such sale to be made for cash, a cash payment of not less than
one-quarter of the purchase money shall be required by the court, to be made to the
person or persons, who shall be appointed by the court to make such sale, by the
purchaser of such land at the time of such sale, the balance of such purchase price to
be paid and secured in such manner as the court shall direct. If sale is made at private
sale, same shall be made for not less than its full value as determined as aforesaid. If
the value determined as aforesaid shall be less than ten thousand dollars ($10,000) the
court shall authorize sale of the property at a public sale to the highest and best bidder
thereat. If such value determined as aforesaid shall be ten thousand dollars ($10,000)
or more, public sale of said property shall not be made for less than two-thirds of its
value as so determined and fixed. Any sale hereunder shall be subject to any and all
liens deducted as provided herein in making the appraisal.
B. The person or persons who shall be appointed by the court to make sale of said
real estate shall make and execute good and sufficient conveyance or conveyances to
the purchaser or purchasers thereof which shall operate as an effectual bar both in law
and equity against such owners and proprietors, parties to the proceedings, and all
persons claiming [under] them; and the person or persons making such sale shall report
their proceedings to the court and shall pay over the moneys arising therefrom to the
parties entitled to receive the same under the direction of the court.