Section 76-11-17 - Seizure; condemnation; sale. - New Mexico Statutes

76-11-17. Seizure; condemnation; sale.

A.     Any lot of commercial fertilizer or soil conditioner not in compliance with the provisions of the New Mexico Fertilizer Act [Article 11 of Chapter 76 NMSA 1978] is subject to seizure on complaint of the department to a court of competent jurisdiction in the area in which the commercial fertilizer or soil conditioner is located.   

B.     In the event the court finds the commercial fertilizer or soil conditioner to be in violation of the New Mexico Fertilizer Act and orders the condemnation of the commercial fertilizer or soil conditioner it shall be disposed of in any manner consistent with the quality of the commercial fertilizer or soil conditioner and the laws of the state.   

C.     In no instance shall the disposition of the commercial fertilizer or soil conditioner be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial fertilizer or soil conditioner or for permission to process or relabel the commercial fertilizer or soil conditioner to bring it into compliance with the New Mexico Fertilizer Act.