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.
AMENDED PRELIMINARY ORDER OF ENTRY FOLLOWING THE DEPOSIT OF $864 550.00 AS AN OFFER OF JUST COMPENSATION
This cause coming on to be heard on Petitioner’s Second Amended Petition for Condemnation and Application for Preliminary Order of Entry, pursuant to NMSA 1978, Section 42-2-6, permitting the Petitioner to immediately enter and occupy the premises sought to be condemned and to do such work thereon as may be required, and the Court, being sufficiently advised in the premises, FINDS:
The grounds for Petitioner’s Application for Preliminary Order of Entry are well taken and a Preliminary Order of Entry should issue upon the deposit with the Clerk of this Court of the sum of $864,550.00.
IT IS THEREFORE, ORDERED AND DECREED the Petitioner’s Application for Preliminary Order of Entry is granted and Petitioner is granted the right to immediately enter and occupy the premises sought to be condemned and to do such work thereon as may be required.
IT IS FURTHER ORDERED AND DECREED in furtherance of the work as may be required, the Petitioner is also granted a license as to the Defendants’ remaining land for the purpose of removing improvements and encroachments, or to protect the portion of the improvements which remain on Defendants’ land.
IT IS FURTHER ORDERED AND DECREED, good cause having been shown, the Petitioner’s motion for service by publication upon the Defendants “All Unknown Owners or Claimants of the Property Involved” for two (2) consecutive weeks of the Notice of Preliminary Order of Entry and Notice of Condemnation is granted.
IT IS FURTHER ORDERED AND DECREED unless objection to this Preliminary Order of Entry is filed within ten (10) days after personal service on Defendants of the Notice hereof, or within three (3) days after the last date of publication of the Notice thereof on those Defendants not personally served, the Court shall proceed to make this Preliminary Order of Entry permanent, shall restrain the Defendants from hindering or interfering with the removal of any and all improvements and encroachments on the rights of way, and the occupancy and control of the premises by Petitioner and from interfering with the work required; all subsequent proceedings shall only affect the amount of compensation allowable for the taking of Defendants’ real property.
IT IS FURTHER ORDERED AND DECREED the condition for issuance of the Preliminary Order of Entry is the deposit of Eight Hundred Sixty-Four Thousand and Five Hundred and Fifty Dollars, ($864,550.00) with the Clerk of this Court as Petitioner’s offer of just compensation; the filing of a surety bond to the benefit of the Defendants shall not be required. This Preliminary Order of Entry shall only be in force and effect upon the deposit with the Clerk of this Court of the sum stated above.
IT IS FURTHER ORDERED that the Clerk of the District Court shall deposit Petitioner’s offer of just compensation, submitted in a check drawn from the Bernalillo County bank account for the County Treasury, in an interest-bearing account, pursuant to NMRA 1-102 and NMSA 1978, Section 34-6-36, where it shall remain pending either final disposition of this matter or disbursement to Defendants pursuant to NMSA 1978 Section 42-2-6(B).
/s/ Lisa Chavez Ortega
Judge Lisa Chavez Ortega
District Court Judge Division XIII
Please note: This order deviates from the proposed form/s of order originally submitted.
Please review carefully.
SUBMITTED:
DOMENICI LAW FIRM, P. C.
/s/ Pete V. Domenici, Jr., Esq.
Pete Domenici, Jr. Esq.,
Joseph M. Tapia, Jr., Esq.,
Post Office Box 4295
Albuquerque, NM 87196
(505) 883-6250
[email protected]
[email protected]
Attorneys for Petitioner
HCS Pub. April 19, 26, May 3, 2024
