If notice of a hearing or any other matter pursuant to Sections 42A-1-3 through 42A-1-12 NMSA 1978 is required, except for specific notice requirements as otherwise provided, notice shall be given:

1. A. by mailing a copy thereof at least ten days before the time set for the hearing or determination of other matters by certified, registered or ordinary first class mail addressed to the person being notified;
2. B. by service of a copy thereof at least ten days before the time set for the hearing or determination of other matters upon the person being notified in the manner provided by the Rules of Civil Procedure for the District Courts for service of summons and complaint; or
3. C. if the address or name of any person is not known and cannot be ascertained by reasonable diligence, by publishing a copy thereof at least once a week for two consecutive weeks, in a newspaper of general circulation in the county in which the hearing is to be held, the last publication of which is to be at least five days before the time set for the hearing.

History: 1978 Comp., § 42A-1-12, enacted by Laws 1980, ch. 20, § 14; amended and recompiled as § 42A-1-14 by Laws 1981, ch. 125, § 10.

ANNOTATIONS

Recompilations. — Laws 1981, ch. 125, § 12, recompiled former 42A-1-14 NMSA 1978, relating to the applicability of Article 1 of Chapter 42A, as 42A-1-16 NMSA 1978.

Cross references. — For the Rules of Civil Procedure for the District Courts, see Rules 1-001 through 1-127 NMRA.

The 1981 amendment substituted "Sections 42A-1-3 through 42A-1-12" for "Sections 42A-1-1 through 42A-1-10" in the introductory paragraph, substituted "Rules of Civil Procedure for the District Courts" for "rules of civil procedure" in Subsection B and deleted "in civil actions" following "complaint" in Subsection B.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 27 Am. Jur. 2d Eminent Domain §§ 478, 536 et seq., 874.

Permissible modes of service of notice of eminent domain proceedings, 89 A.L.R.2d 1404.

Inclusion or exclusion of first and last days in computing the time for performance of an act or event which must take place a certain number of days before a known future date, 98 A.L.R.2d 1331.

29A C.J.S. Eminent Domain §§ 237 to 247.