SECOND JUDICIAL DISTRICT COURT
COUNTY OF BERNALILLO
STATE OF NEW MEXICO
NO. D-202-CV-2024-02247
THE BOARD OF COUNTY COMMISSIONERS OF
THE COUNTY OF BERNALILLO,
Plaintiff-Petitioner,
V.
EAIW LLC,
A New Mexico Limited Liability Corporation,
THE CITY OF ALBUQUERQUE, A New Mexico
Municipal Corporation,
PROPERTY TAX DIVISION OF THE TAXATION AND REVENUE DEPARTMENT, STATE OF NEW MEXICO.
Defendants-Respondents.
SECOND AMENDED COMPLAINT/PETITION FOR CONDEMNATION AND APPLICATION FOR PRELIMINARY ORDER OF ENTRY
Petitioner, by and through the DOMENICI LAW FIRM P. C. (Pete V. Domenici, Jr., and Joseph M. Tapia, Jr.) for its Petition for Condemnation and Application for Preliminary Order of Entry, respectfully states:
1. Petitioner is the governing body of the County of Bernalillo, a political subdivision of the State of New Mexico and the proper authority under the Constitution and statutes of the State of New Mexico to institute and prosecute this action in eminent domain.
2. It is necessary for the Petitioner to acquire by condemnation the property sought for the public purpose of constructing a drainage pond, New Mexico Capital Outlay No. C3233283, which project is located within the County of Bernalillo. State of New Mexico.
3. This action is brought pursuant to and under the terms of NMSA 1978, Sections 42- 2-1 to 42-2-24 (2008) NMSA.
4. Petitioner seeks to acquire property rights in fee simple of the land described as: Tract I-A, of Sanchez Redivision, as the same is shown and designated on the map of said addition, filed in the Office of the County Clerk of Bernalillo County, New Mexico, on September 24, 2001, in Plat Book 2001C, Page 267. More particularly described in Exhibit “A” attached hereto and incorporated herein by reference.
5. Petitioner has been unable to agree with one or more of the Defendants having an interest in the subject properties as to just compensation to be paid for the property sought to be acquired. The amount offered by the Petitioner as total just compensation for said property is Eight Hundred Sixty-Four Thousand and Five Hundred and Fifty Dollars, ($864,550.00)
6. The names and addresses of all Defendants who own, have an interest in, or occupy the property or who own the property rights sought to be acquired, as well as any facts of legal disability, deceased owners, unknown owners, and property and property rights held in trust, insofar as they are known to the Petitioner after a search of the county records are:
EAIW, LLC, WITH NO REGISTERED AGENT LISTED,
c/o The New Mexico Secretary of State, 325 Don Gaspar Ave. Suite 300, Santa Fe, NM8750, as there is no listed, registered agent.
PROPERTY TAX DIVISION OF THE TAXATION AND REVENUE DEPARTMENT, STATE OF NEW MEXICO
Manuel Lujan Sr. Building
1200 St. Francis Drive
Santa Fe, NM 87501
CITY OF Albuquerque,
P. O. 2258
Albuquerque, NM 87103
8. Petitioner also makes application to the Court for a Preliminary Order of Entry, as provided by NMSA 1978 § 42-2-6 (2008) on the grounds that speedy occupation is required
because of the public’s need for the vacant parcel and because of approaching deadlines for the commencement and completion of the Grape Industrial Park Drainage Project. An affidavit attesting to the need for immediate entry is attached hereto as Exhibit “B.”
9. In connection with this application for Preliminary Order of Entry, Petitioner is prepared to deposit with the clerk of the district court the full amount offered as just compensation.
10. Petitioner invokes NMSA 1978 § 42-2-20 (2008) and respectfully requests that the Court exercise its discretion and waive the surety bond otherwise required.
WHEREFORE, Petitioner prays:
(i) For an order and judgment of this Court granting to Petitioner the fee simple title to a portion of the property sought to be acquired for a public purpose, which is described in Exhibit “A.’’
(ii) For an Order of Preliminary Entry allowing Petitioner full and immediate access to the property, and waiver of the surety bond otherwise required.
(iii) That the Court determine the respective interests of the Defendants in the property taken and the amount of just compensation and the damages, if any, which the Defendants may jointly or severally sustain as a consequence of the taking
(iv) For such other and further relief as the Court deems proper.
Respectfully submitted,
DOMENICI LAW FIRM, PC.
Electronically filed
/s/ Pete V Domenici Jr., Esq.
Pete Domenici, Jr., Esq.,
Joseph M. Tapia, Jr., Esq.
P. O. Box 4295
Albuquerque, NM 87196-4295
[email protected]
[email protected]
Attorney for Bernalillo County
AFFIDAVIT
STATE OF NEW MEXICO )
) ss.
COUNTY OF BERNALILLO )
I, Rodrigo L. Eichwald, P.E., having been duly sworn, depose and say that:
1. I am the Engineering Manager for the County of Bernalillo, State of New Mexico.
2. I am over the age of eighteen.
3. It is necessary to secure this Preliminary Order of Entry for the property sought to be acquired in this cause for the construction of New Mexico Capital Outlay No. C3233283. BCPW Number is TS.2024.MVNDRN, in Bernalillo County, New Mexico prior to the 1st day of April 2024 for the following reasons, to wit:
4. To secure the safety and welfare of the Mountain View Neighborhood by providing a drainage pond to mitigate flooding.
5. To forestall the delay in the construction of this project since any delay will result in increased construction costs.
6. To minimize the economic effects and losses that a drainage project will have upon the people of the State of New Mexico.
7. To enable the Petitioner, Bernalillo County Board of County Commissioners to take the fullest advantage and secure the benefits of the applicable state funds.
8. To enable the Petitioner, Bernalillo County Board of County Commissioners to efficiently program highway construction projects and to let such projects in an orderly and economical fashion so as to encourage free competition and competitive bidding.
/s/ Rodrigo E. Eichwald, P.E.
Rodrigo E. Eichwald, P.E.
Signed and sworn before me on the 14 day of March 2024, by Rodrigo L. Eichwald, P.E.
/s/ Michelle Gutierrez
MICHELLE GUTIERRES
NOTARY PUBLIC
My commission expires:
10-12-2025
1135713
HCS Pub. April 19, 26, May 3, 2024
