N.M. R. Civ. P. Dist. Ct. 1-097
Upon the filing of the petition in eminent domain, a copy thereof, together with a notice specifying the time when and place where such petition will be presented to the court shall be served upon such owner. If any such owner has a usual place of abode in this state, but is absent therefrom, such notice and copy of petition may be served upon such owner by leaving a copy thereof at such usual place of abode with some person over the age of fifteen (15) years, residing at the usual place of abode of such owner, and informing such person that said notice is to be delivered to the owner upon whom such service is sought to be had. All such services made upon an owner in person within this state shall be made at least ten (10) days before the date specified for the presentation of such petition. Such services may be made by any disinterested person over the age of eighteen (18) years, and proof of the service shall be made by the affidavit of such person.
If the name or residence of any owner be unknown, or if the owners, or any of them, do not reside within the state, or cannot be found therein, and are not served with such notice as provided herein, notice of the time of hearing the petition, reciting the substance of the petition and the time and place fixed for the hearing thereof, shall be given by publication for three (3) consecutive weeks prior to the time of hearing the petition, the last publication to be at least three (3) days prior to such date, in a newspaper published in the county in which the proceedings are pending, if one is published in the county, and in a newspaper published in another county, having a general circulation in the county in which such proceedings are pending, if no paper is published in the county where said proceedings are pending. Personal service of such notice and copy of the petition out of the State of New Mexico at least twenty (20) days before the date specified for the presentation of the petition shall be equivalent to publication with respect to all persons so served. Return of such service shall be made by the affidavit of the person making the same.
N.M. R. Civ. P. Dist. Ct. 1-097
For eminent domain proceedings, see Sections 42A-1-1 to 42A-1-33 NMSA 1978. Compiler's notes. - This rule was formerly compiled as 25-902, 1941 Comp., and 22-9-2, 1953 Comp., and is deemed to have superseded Laws 1905, ch. 97, §2, which is now compiled as 42-1-2 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. - 62B Am. Jur. 2d Process §59 et seq. Service of process upon agent of party by estoppel or implication of law, 30 A.L.R. 176. Is service of notice of process in proceeding to vacate or modify judgment to be made upon owner of judgment or upon the attorney, 78 A.L.R. 370. Power of state to provide for service, other than personal, of process upon nonresident individual doing business within the state so as to subject him to judgment in personam, 91 A.L.R. 1327. Delay in issuance or service of summons as requiring or justifying order discontinuing suit, 167 A.L.R. 1058. Leaving process or notice at residence as compliance with requirement that party be served "personally" or "in person," "personally served," etc., 172 A.L.R. 521. Necessity, in service by leaving process at place of abode, etc., of leaving a copy of summons for each party sought to be served, 8 A.L.R.2d 343. Necessity and sufficiency of service of removal of nonresident trustee, 15 A.L.R.2d 610. Immunity of nonresident defendant in criminal case from service of process, 20 A.L.R.2d 163. Service of process on person in military service by serving person at civilian abode or residence, or leaving copy there, 46 A.L.R.2d 1239. Service of process upon dissolved domestic corporation in absence of express statutory direction, 75 A.L.R.2d 1399. Failure to make return as affecting validity of service or court's jurisdiction, 82 A.L.R.2d 668. Place or manner of delivering or depositing papers, under statutes permitting service of process by leaving copy at usual place of abode or residence, 87 A.L.R.2d 1163. Prohibition to restrain civil action because of defect or omission in service of process, 92 A.L.R.2d 247. 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. Mistake or error in middle initial or middle name of party as vitiating or invalidating civil process, summons, or the like, 6 A.L.R.3d 1179. Civil liability of one making false or fraudulent return of process, 31 A.L.R.3d 1393. 72 C.J.S. Process § 26 et seq.