MILD
HB 365
PROTECTION FROM EMINENT DOMAIN
- Legislative URL:
- HB 365 on nmlegis.gov
- Emergency Clause:
- No
- Germane:
- N/A
- Location:
- HGEIC
- Action:
- [8] HGEIC/HJC-HGEIC [16] ref HEENC- - HGEIC/HJC/HEENC-HGEIC API.
- Issue(s):
- Land Use & Growth
Related Legislators
- Bill Sponsor:
- Matthew McQueen Phil Griego
Related Documents
- Downloads:
-
Introduced
Fiscal Impact Report
Summary
This bill provides protection to real property owners against the condemning and taking of their property by eminent domain. It requires that:
- the condemnor must deliver a good-faith, final and best offer, in writing to the condemnee before commencing eminent domain action;
- a condemnation action may not begin until after all regulatory approvals necessary for the intended use of the property after condemnation, other than local building permits, have been obtained;
- the condemnation value of the property must reflect its market value in the absence of the threat of condemnation or the intended use of the property after condemnation if, prior to the date that a petition is filed, the threat of condemnation or the intended use of the property has depressed its value;
- the court must award the condemnee the condemnee’s litigation expenses if the condemnor is a non-governmental entity and the final award is more than the condemnor’s good-faith, final and best offer; and,
- in no event shall the court award the condemnor its litigation expenses.
A potential benefit of this bill may be the preservation and protection of some properties from condemnation by eminent domain or a more fair resolution for the property owner whose property is taken in the process. A concern might be that NGOs are si