Section 7-38-16 - Condemnation proceedings; duty of condemning authority to notify county assessor. - New Mexico Statutes

7-38-16. Condemnation proceedings; duty of condemning authority to notify county assessor.

A.     Upon the issuance of a court order making permanent an order of preliminary entry in any condemnation proceeding brought by any governmental authority in this state exercising the power of eminent domain, or upon the issuance of a final order of condemnation if no order allowing preliminary entry is issued, the condemning authority shall notify the county assessor of the county in which the land subject to condemnation is situated of:   

(1)     the fact of the issuance of an order making permanent an order of preliminary entry or an order of final condemnation and the date of the order;   

(2)     the description and ownership of the land subject to the order; and   

(3)     the date that physical possession of the land was or will be assumed by the condemning authority under a preliminary entry order.   

B.     Upon receipt of the notification required under Subsection A, the county assessor shall make appropriate changes in his valuation records to indicate as owner of the land for property taxation purposes the condemning authority as of the date of possession or the date of a final order of condemnation. If the land involved is subject to valuation for property taxation purposes by the department, the county assessor shall notify the department of the changes.   

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 authority may contract or stipulate with an owner of land subject to condemnation for the proration of the owner's tax liability.