Section 42-3-9 - Reimbursement for expenses where condemnation does not result in acquisition or is abandoned. - New Mexico Statutes

42-3-9. Reimbursement for expenses where condemnation does not result in acquisition or is abandoned.

A court having jurisdiction over a proceeding instituted by the displacing agency to acquire real property by condemnation shall, when required by federal law or by a federal grant contract governing the project or program, award the owner of any right, title or interest in the real property a sum which will reimburse the owner for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees actually incurred because of the condemnation proceedings, if:   

A.     the final judgment in the proceeding is that the displacing agency cannot acquire the real property by condemnation; or   

B.     the proceeding is abandoned by the displacing agency.