A. If any part of a tract of land confirmed by special act of congress or by a decree of the court of private land claims as a Spanish or Mexican land grant, is sought to be condemned for any of the purposes provided for under the provisions of the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978], such condemnation proceedings may be conducted by making the unknown owners and the person to whom the grant was confirmed parties defendant, designating and describing them as they were designated and described in the act or decree of confirmation, and designating the heirs and successors of the confirmees as heirs and successors in title of the confirmees and giving the name of the grant. Proceedings shall be had as are provided for under the Eminent Domain Code. No condemnation proceedings shall be had under the provisions of this section except for the purposes authorized by law to persons authorized to exercise the right of eminent domain.
B. Subsection A of this section shall not apply to condemnation of parts of tracts of land on which a final decree in a quiet title suit has been rendered.
History: 1978 Comp., § 42A-4-1, enacted by Laws 1981, ch. 125, § 36.
Compiler's notes. — Although "commissioners' report" appears in the catchline, there is no text that corresponds to it in the section.
Applicability. — Laws 1981, ch. 125, § 64, provides that the act applies only to condemnation actions commenced on or after July 1, 1981, and provided that in any condemnation action in which an appeal or a motion can modify or vacate the verdict or judgment, or to grant a new trial, was pending on July 1, 1981, the law applicable before July 1, 1981, governs the determination of the appeal or motion.
Severability. — Laws 1981, ch. 125, § 63, provided for the severability of the act if any part or application thereof was held invalid.
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