2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 17 - Conservancy Districts; General Provisions
Section 73-17-17 - Appeals shall not delay proceedings.

A. No appeal under this act shall be permitted to interrupt or delay any action or the prosecution of any work, except where the appellant is entitled to a jury trial under the constitution of the state, in which case, only so much of the work shall be interrupted or delayed as would constitute a taking or damaging of the property of such appellant.

B. The right of appeal from orders and decrees of said court shall exist as in civil cases, except no proceeding to review an order or decree of the court, entered under the provisions of this act, shall be commenced after thirty (30) days from the entry of the order or decree sought to be reviewed.

C. The board shall have the same right as property owners to invoke the jurisdiction of the supreme court of the state of New Mexico to review any reviewable order or decree of the court made in any proceeding.

D. The failure to appeal from or seek a review of any order or decree of the court in any proceedings, within the time specified herein, shall constitute a waiver of any irregularity in the proceedings, and the remedies provided herein shall exclude all other remedies except as herein provided.

History: Laws 1927, ch. 45, § 903; C.S. 1929, § 30-903; 1941 Comp., § 77-3017; 1953 Comp., § 75-31-17.

Compiler's notes. — For the meaning of "this act", see the compiler's notes to 73-17-1 NMSA 1978.

Cross references. — For Rules of Appellate Procedure, see 12-101 NMRA.

Constitutionality of former limitation provisions. — Conservancy Act of 1923 (Laws 1923, ch. 140) was not unconstitutional because of the provisions of Section 903 thereof restricting time for appeal and providing that same should not delay proceedings except where appellant was entitled to a jury trial under the Constitution. In re Proposed Middle Rio Grande Conservancy Dist., 1925-NMSC-058, 31 N.M. 188, 242 P. 683.

Effect of present limitation. — The supreme court had no jurisdiction where the appeal was not taken within the thirty days prescribed by this section. Albuquerque Gun Club v. Middle Rio Grande Conservancy Dist., 1937-NMSC-092, 42 N.M. 8, 74 P.2d 67.

Provisions governing right of appeal. — Right of appeal from judgment awarding damages under the Conservancy Act (Laws 1927, ch. 45) is controlled by that statute and not by the general statute covering appeals from the district court. Albuquerque Gun Club v. Middle Rio Grande Conservancy Dist., 1937-NMSC-092, 42 N.M. 8, 74 P.2d 67.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 600 et seq.

73A C.J.S. Public Administrative Law and Procedure §§ 172 to 201.