STATE OF NEW MEXICO 8/25/2025 10:04 AM COUNTY OF DONA ANA
THIRD JUDICIAL DISTRICT
No. D-307-CV-2025-02115
STATE OF NEW MEXICO, ex rel.,
NEW MEXICO DEPARTMENT OF
TRANSPORTATION,
Petitioner,
vs.
ADVANCED CHEMICAL TRANSPORT LLC,
DONA ANA COUNTY BOARD OF COUNTY
COMMISSIONERS,
PROPERTY TAX DIVISION OF THE TAXATION
AND REVENUE DEPARTMENT,
ALL UNKNOWN OWNERS OR CLAIMANTS OF
THE PROPERTY INVOLVED,
Defendants.
NOTICE OF PRELIMINARY ORDER OF ENTRY AND NOTICE OF CONDEMNATION
TO: The above-named Defendants, and each of you:
You, and each of you, are hereby notified that the Court has granted the Petitioner a Preliminary Order of Entry to immediately enter and occupy the property described below and to do such work thereon as may be required, and that unless you file objections thereto within ten (10) days after personal service of this Notice upon you, or within three (3) days after the last date of publication of this Notice, if you were not personally served, the Court shall enter a Permanent Order of Entry, restraining you forever from hindering or interfering with the occupation and use of the property; and, further, that all proceedings subsequent to the Permanent Order of Entry shall deal only with the amount of compensation due to you for the taking of the property.
This notice is required to be issued by the Clerk of the Court pursuant to NMSA 1978 §§ 42-
2-5C.(6) and 42-2-6C.
You, and each of you, are hereby further notified that a Petition to condemn for public highway purposes has been filed against you with the Clerk of the District Court of Dona Ana County, New Mexico, in which county the property, or a part thereof, is located, and which property is described as:
Parcel 3-1 is located adjacent to the existing ROW of New Mexico State Rd. 213 at mile post 0.5 approximately 100 feet west of centerline of the road. Within Section 32 Township 26 south, Range 5 east, N.M.P.M. Within Dona Ana County.
and the above property is more particularly described under its parcel number in the Petition on file in this cause, and that such highway project has been designated New Mexico Project E100320, in Dona Ana County, New Mexico.
You, and each of you are hereby further notified that the amount offered as just compensation, shown with each separate numerical parcel designation, has been deposited by the Petitioner with the Clerk of the District Court and a portion or all of the amount offered may be withdrawn by a person having an estate or interest in the property described in the Petition on file.
This withdrawal may be made only by order of the Court upon proper motion.
You, and each of you are hereby commanded to file and serve an answer, as provided by law,
to the Petition on file herein within thirty (30) days after service of this Notice on you or thirty (30) days after the last date of publication of this Notice, if you are not personally served. Unless you so appear and answer, the Petitioner will apply to the Court for judgment as provided by law. This judgment will fix the amount of compensation due to you for the condemnation of the property at the amount offered and deposited by Petitioner.
The name and address of attorney for Petitioner is the New Mexico Department of Transportation, Samuel Ottley III, P.O Box 1149, Room 123, Santa Fe, New Mexico 87504 -1149.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of the District Court of Dona Ana County, New Mexico, this 26TH day of AUGUST 2025. 26th August
BERNICE A RAMOS
Clerk of the District Court
By: Deputy
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