2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 15 - Conservancy Districts; Appraisal of Benefits
Section 73-15-1 - Appointment of appraisers.

A. At the time of making its order organizing the district or at any time thereafter, the court, or board of judges as the case may be, in the manner provided shall appoint three appraisers (herein described and referred to as appraisers or the board of appraisers), whose term of office shall be until the appraisals of benefits and damages are filed and finally determined by court and whose duty it shall be to appraise the lands or other property within and without the district to be acquired for rights-of-way, reservoirs and other works of the district, and to appraise all benefits and damages accruing to all land within or without the district by reason of the execution of the official plan.

B. Two of said appraisers shall be freeholders residing within the state of New Mexico, who may or may not own lands within said district. Each of the appraisers shall, before taking up his duties, take and subscribe to an oath that he will faithfully and impartially discharge his duties as such appraiser, and that he will make a true report of such work done by him.

C. The said appraisers shall at their first meeting elect one of their own number chairman, and the secretary of the board or his deputy shall be ex-officio secretary of said board of appraisers during their continuance in office. A majority of the appraisers shall constitute a quorum, and a concurrence of the majority in any matter within their duties shall be sufficient for its determination.

D. The court or board of judges as the case may be, shall fill all vacancies in the board of appraisers, or may appoint a new board, all in the manner provided, as occasion may require, which new board, if appointed, shall perform all the duties and exercise all the powers of the appraisers of the district.

History: Laws 1927, ch. 45, § 401; C.S. 1929, § 30-401; 1941 Comp., § 77-2801; 1953 Comp., § 75-29-1.

Cross references. — For compensation of appraisers, see 73-16-29 NMSA 1978.

Duration and function of board of appraisers. — The board of appraisers is a tribunal continuing in character as long as there is work to be done, and their duties are to appraise only such damages as are contemplated by the statute (Laws 1927, ch. 45). Zamora v. Middle Rio Grande Conservancy Dist., 1940-NMSC-030, 44 N.M. 364, 102 P.2d 673.

Law reviews. — For article, "Existing Legislation and Proposed Model Flood Plain Ordinance For New Mexico Municipalities," see 9 Nat. Resources J. 629 (1969).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation §§ 70 to 72.

52A C.J.S. Levees and Flood Control § 33; 94 C.J.S. Waters § 333.