Legal Opinion

County of Dona Ana Ex Rel. Board of County Commissioners v. Bennett

New Mexico Supreme Court

Decided January 10, 1994No. 20308PublishedCited by 14 opinions

1Opinion of the Court

OPINION

MONTGOMERY, Justice.

The New Mexico Court of Appeals certified this appeal to us under NMSA 1978, Section 34-5-14(C) (Repl.Pamp.1990), as involving the following question of substantial public interest: Whether the New Mexico Uniform Jury Instruction on the measure of damages for a partial taking of property in a condemnation action, SCRA 1986, 13-704 (Repl.Pamp.1991) (UJI Civil 13-704), conflicts with a statute declaring when the right to compensation accrues, NMSA 1978, Section 42-2-15(A). Implicit in the Court of Appeals’ certification is the further question: If such a conflict…

2Cases cited7 opinions

  1. State v. MorrisNew Mexico Supreme Court · 1961
  2. State Ex Rel. State Highway Department v. YurcicNew Mexico Supreme Court · 1973
  3. City of Albuquerque v. ChapmanNew Mexico Supreme Court · 1966
  4. State Ex Rel. State Highway Commission v. BurksNew Mexico Supreme Court · 1968
  5. State ex rel. State Highway Commission v. Hesselden Investment Co.New Mexico Supreme Court · 1972

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. State v. AlbericoNew Mexico Supreme Court · 1993
  2. State v. AlbericoNew Mexico Supreme Court · 1993
  3. Board of Education, Gadsden Independent School Dist. No. 16 v. James Hamilton Construction Co.New Mexico Court of Appeals · 1994
  4. Castillo v. City of Las VegasNew Mexico Court of Appeals · 2008
  5. City of Albuquerque v. Westland Development Co.New Mexico Court of Appeals · 1995

9 more not listed; retrieve them via the Exa API.

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