2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 15 - Conservancy Districts; Appraisal of Benefits
Section 73-15-6 - Notice of hearing on appraisals.

A. Upon the filing of the report of the appraisers, the court shall by order fix places and times not less than thirty (30) days nor more than sixty (60) days after the report of the appraisers is filed, for hearing thereon, and thereupon the clerk shall cause notice by publication (Schedule Form VII) [73-17-24 NMSA 1978] to be made in each county in the district, of the filing of the said report, and of the times and places of the hearing thereon.

B. It shall not be necessary for said clerk to name the parties interested, nor to describe separate lots or tracts of land in giving said notice, but it shall be sufficient to give such description as will enable the owner to determine whether or not his land is covered by such description.

C. Where lands in different counties are mentioned in said report, it shall not be necessary to publish in each county a description of all the lands in the district, but only of that part of the said lands situate in the county in which publication is made.

D. The conservancy court shall fix a date when hearing on exceptions shall be heard in each county within the conservancy district, and all exceptions to the appraisal report shall be tried and heard in the county in which such property affected is located, by the special master, or otherwise; provided trial and hearing in such county is claimed in the exception.

History: Laws 1927, ch. 45, § 406; C.S. 1929, § 30-406; 1941 Comp., § 77-2806; 1953 Comp., § 75-29-6.

Cross references. — For short form of notice, see 73-17-19 NMSA 1978.

Constitutionality of notice. — Notice provided for in this section does not deprive parties in interest of any guaranty contained in N.M. Const., art. II, § 18. Gutierrez v. Middle Rio Grande Conservancy Dist., 1929-NMSC-071, 34 N.M. 346, 282 P. 1, cert. denied, 280 U.S. 610, 50 S. Ct. 158, 74 L. Ed. 653 (1930).

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 § 36; 94 C.J.S. Waters § 333.