Rule 1-097.Eminent domain; notice of presentation of petition; service

Last verified June 26, 2026

In one sentenceRule 1-097 sets how notice of an eminent domain petition is served on property owners, including substitute service, out-of-state service, and service by publication.

Full Text of Rule 1-097

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Upon the filing of the petition in eminent domain, a copy thereof, together with a notice specifying the time when and place where such petition will be presented to the court shall be served upon such owner. If any such owner has a usual place of abode in this state, but is absent therefrom, such notice and copy of petition may be served upon such owner by leaving a copy thereof at such usual place of abode with some person over the age of fifteen (15) years, residing at the usual place of abode of such owner, and informing such person that said notice is to be delivered to the owner upon whom such service is sought to be had. All such services made upon an owner in person within this state shall be made at least ten (10) days before the date specified for the presentation of such petition. Such services may be made by any disinterested person over the age of eighteen (18) years, and proof of the service shall be made by the affidavit of such person. If the name or residence of any owner be unknown, or if the owners, or any of them, do not reside within the state, or cannot be found therein, and are not served with such notice as provided herein, notice of the time of hearing the petition, reciting the substance of the petition and the time and place fixed for the hearing thereof, shall be given by publication for three (3) consecutive weeks prior to the time of hearing the petition, the last publication to be at least three (3) days prior to such date, in a newspaper published in the county in which the proceedings are pending, if one is published in the county, and in a newspaper published in another county, having a general circulation in the county in which such proceedings are pending, if no paper is published in the county where said proceedings are pending. Personal service of such notice and copy of the petition out of the State of New Mexico at least twenty (20) days before the date specified for the presentation of the petition shall be equivalent to publication with respect to all persons so served. Return of such service shall be made by the affidavit of the person making the same.

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Plain-English Summary

This rule governs notice in condemnation cases. When an eminent domain petition is filed, a copy and a notice of when and where it will be presented must be served on the owner. If the owner has a New Mexico home but is away, notice may be left there with someone over fifteen who resides there, to be delivered to the owner; personal service within the state must be at least ten days before the presentation date and may be made by any disinterested adult, with proof by affidavit.

If an owner’s name or residence is unknown, or the owner lives out of state or cannot be found, notice is given by publication for three consecutive weeks before the hearing in a newspaper of the county (or one of general circulation there). Personal service outside New Mexico at least twenty days before the presentation date is equivalent to publication for those served.

Frequently Asked Questions

How are property owners notified in an eminent domain case?

By serving a copy of the petition and a notice of presentation—personally (at least ten days ahead), by substitute service at the owner’s New Mexico home, by out-of-state personal service (at least twenty days ahead), or by publication when the owner is unknown or cannot be found.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-097 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source

Also known as: eminent domaincondemnationnotice of petitionservice in eminent domain