New Mexico Condemnation Clause

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Multi-State
Control #:
US-OL11015A
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Description

This office lease clause is a condemnation clause that illustrates a mild effort to deal with some of the issues In the event the whole of the building or a substantial part of the building is condemned.


The New Mexico Condemnation Clause, also known as the New Mexico Eminent Domain Clause, is a legal provision that outlines the government's authority to seize or "condemn" private property for public use. This clause is a crucial component of property law in New Mexico, granting certain rights and protections to property owners in cases where the government exercises its power of eminent domain. Under the New Mexico Condemnation Clause, the government has the authority to acquire private property for public purposes such as the construction of public infrastructure, highways, schools, parks, or other government projects. The clause rests on the principle that the government's need to promote the overall public welfare outweighs an individual's right to exclusive ownership of property. There are various types of New Mexico Condemnation Clauses that property owners should be familiar with, including: 1. Just Compensation: One of the primary considerations of the New Mexico Condemnation Clause is the concept of "just compensation." This means that property owners must be fairly compensated for the market value of their property at the time of condemnation. The clause ensures that property owners receive a fair and reasonable payment to minimize any potential financial burden resulting from the loss of their property. 2. Due Process: The New Mexico Condemnation Clause includes due process protections for property owners. This means that the government must follow specific procedures and provide property owners with an opportunity to contest the condemnation and the compensation offered. Property owners have the right to challenge the necessity or public purpose of the condemnation and request a fair hearing before an impartial authority. 3. Relocation Assistance: In many cases of condemnation, property owners are displaced or forced to relocate. To address this, the New Mexico Condemnation Clause may include provisions for relocation assistance. This assistance aims to help property owners transition to a new property by offering financial support, counseling, and other services to mitigate the negative impact of displacement. 4. Blight Condemnations: Another type of New Mexico Condemnation Clause deals specifically with blighted areas. It grants the government the legal authority to condemn and acquire blighted properties for the purpose of urban renewal, economic development, or revitalization projects. These condemnations are aimed at eliminating blight and improving the overall condition of the community. In summary, the New Mexico Condemnation Clause is a significant legal provision that balances the government's power of eminent domain with the rights and protections of property owners. By enforcing just compensation, due process, and relocation assistance, New Mexico aims to ensure fairness and minimize the adverse effects of property condemnation. Property owners should be aware of these various types of New Mexico Condemnation Clauses to understand their rights and obligations in the event of potential condemnation.

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FAQ

A condemned property or a condemned building is a property or building that local (usually municipal) authorities have closed, seized, or placed restrictions on for various reasons, including public safety and public health, in ance with local ordinance.

Condemnation occurs when a public authority, such as the local government, seizes a piece of private property for public use. However, they must pay the owner a fair market price for the property.

Condemnation, also called eminent domain or a ?taking,? is the right of a government or its agent to take private property for public use, with payment of compensation. In a condemnation action, the government takes both physical possession and legal title to the property.

Condemnation is used in law, and means the same thing as sentencing; you might have heard a judge say ?I condemn you to ten years of hard labor.? Also, a very dangerous building will be sealed up and deemed uninhabitable by an act of condemnation.

In the simplest terms, condemnation is when a government agency, or a private agency with eminent domain, tries to assert ownership over private property. This means these agencies lay claim to the property, in exchange for ?just compensation?.

In New Mexico, a house may be condemned if it poses an immediate danger to the health and safety of its occupants or the community. This could include structural issues, contamination, lack of utilities (such as water or electricity), or code violations.

What is Eminent Domain? In New Mexico, eminent domain gives the government the power to take your property, even if you don't want to sell. But under the Fifth Amendment, eminent domain must be for a ?public use,? which traditionally meant projects like roads or bridges.

Condemnation is the process a government or private entity uses to legally acquire property. Condemnation may be used to enforce housing and safety codes for abandoned or dilapidated properties. Authorities can condemn properties through eminent domain to seize property from their owners.

More info

C. If an appraisal has been prepared pursuant to Section 42A-1-5 NMSA 1978, the condemnor shall file a copy of it at the time the petition is filed and shall ... — In a condemnation proceeding brought by the city of Albuquerque (city) to acquire a thirty-foot wide strip of land to build a road on property operated as a ...These are preprinted forms that have been prepared for a landlord to use with all tenants. These forms will have blank spaces to be filled in for rent, deposits ... Kroculick argued that the taking required a complete raze and rebuild of the site. Unique among the valuation arguments was "total temporary take" damages ... Browse New Mexico Administrative Code | Part 3 - EMINENT DOMAIN for free on Casetext. Dec 15, 2011 — (viii) a statement that property owner(s) whose property lies within the proposed project route in New Mexico may appear at the time and place ... Read Section 42A-1-29 - Property taken or damaged without compensation or condemnation proceedings; right of action by condemnee, N.M. Stat. § 42A-1-29 ... • Condemnation or change of use of the mobile home park (NMSA § 47-10-5 (D)) ... A New Mexico court has interpreted this provision to protect unmarried couples. C. This section does not authorize the proration of taxes for a tax year in which ownership changes as a result of condemnation proceedings, but a condemning ... jurisdictions (Utah limits the estate which may be acquired to an easement as does. New Mexico) explicitly states that a fee simple title may be acquired in ...

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New Mexico Condemnation Clause