Legal Question in Real Estate Law in New Mexico


Because of a development a few miles west of our residence, the developers widened the intersection. (the city did the work, the developers paid the city).

Our house was on the N.E.corner of the intersection. As it turned out there is a merging lane in front of the house (40 mph) and a concrete median in front of one of the driveways-preventing a south turn. because we are seniors we chose to move to a safer place. We tried to rent the house or sell it. The real estate agents said ''location,location, location''.Of course the property was devalued in this process.

We sold it to a relative who could not qualify for a mortgage (mistake), but below market price. we were desparate by now.We had it for sale, but no offers.

My question is: Do we have a case if we sue the developer for damages? Our home was paid for and we had to buy another house. between selling the house, we lost $25,000.00 and the move-downpayment, closing costs, improvements etc. cost another $35,000.00 approx.

Please advise. Naturally, by now we are short of cash for an attorney.Thank you,


Asked on 2/11/01, 2:13 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Developer

It is sometimes possible to make a case for an uncompensated, involuntary, conversion of private property through ancillary condemnation by government. Your case would appear to be more against the City than the developer under the facts you present.

Since values are relative, and always revolve around debatable judgment, the money damages are often "iffy" and the risk of such an action is great because one is attempting to force the expenditure of tax dollars before a tax-paying jury.

If you wish to discuss the matter further we do not charge for initial consultations. 1-800-858-3636.

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Answered on 4/20/01, 10:51 am

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