 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Cooper v. Chevron U.S.A.6/4/2002
the present case, this Court's analysis in Jemez Land Co. is fully explained by Section 38-3-1(E) governing trespass actions and is inapplicable to nuisance claims. In Jemez Land Co., this Court discussed the relationship between the venue provisions for trespass actions and the venue provisions for actions having as part of their object any interest in land. 15 N.M. at 321, 107 P. at 684-85. The majority and the Court of Appeals highlight the statement in Jemez Land Co. that venue is not restricted to the county in which the land is situated "if the claim for damages was the sole object of the suit," 15 N.M. at 321, 107 P. at 684. However, I believe that this statement has been taken out of context. The "suit" at issue in Jemez Land Co. was a suit for trespass on land. This statement was specifically in response to an argument that "the object of the suit is to recover damages for a trespass on lands," and the Court concluded that " he claim for damages for trespass to land, however, is not the sole object of the present action." Jemez Land Co., 15 N.M. at 321, 107 P. at 684 (emphasis added). This discussion is thus confined to the relationship between the specific venue statutes for trespass actions and for actions having an interest in land as their object. The Court did not hold, as characterized by the majority, that all " laims for damages do not have lands or interest in lands as their object." Majority opinion 8. Instead, this Court held that claims for damages for trespass are excluded from the venue rule now contained in Section 38-3-1(D)(1) because these actions are expressly governed by the venue rule now contained in Section 38-3-1(E). Thus, this Court concluded that the statutory exception to the local action rule for trespass actions is limited to claims for damages, and if a trespass action goes beyond a claim for damages, then it will be governed by the general venue rule for actions involving an interest in land. In other words, Jemez Land Co. limits the reach of Section 38-3-1(E). In doing so, contrary to the suggestion that it limited Section 38-3-1(D)(1), Jemez Land Co. actually recognized an expansive application of Section 38-3-1(D)(1) that includes certain trespass claims, specifically those that seek "protection of the realty" or that require a determination of "ownership and right of possession" between the two parties. Jemez Land Co., 15 N.M. at 322, 107 P. at 685. Therefore, I do not believe that Jemez Land Co. supports the restrictive interpretation of Section 38-3-1(D)(1) advanced by the majority and the Court of Appeals. In fact, this Court has previously held that the "interest" covered by Section 38-3-1(D)(1) is not restricted to an interest in title. See Heath, 58 N.M. at 673, 274 P.2d at 625 (Compton, J., dissenting) (noting that the majority opinion rejected the notion that an "interest in lands" for purposes of venue was limited to an interest in title); cf. Found. Eng'rs, Inc. v. Superior Court, 23 Cal. Rptr. 2d 469, 473 (Ct. App. 1993) (describing a test for venue that asks merely whether the claim is for damages as "an oversimplification of the law" and stating that "the test for venue is not simply whether money damages are sought [because] n action may essentially be local although it seeks damages for an injury to real property").
I believe that the general distinction between transitory and local actions in the common law is both logical and practical. The common law local-action
rule exists for salutory reasons. It prevents courts unfamiliar with local property rights and laws from interfering with the title to real property. Moreover, since such actions often involve the testimony of local witnesses concerning the cause of action and the historical u
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 New Mexico Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|