2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 2 - Ditches or Acequias
Section 73-2-62 - [Appeal from appraisement to district court.]

Any person or persons aggrieved by the amount of damages assessed or allowed by any appraisers appointed as provided for in the foregoing sections, may appeal by himself, his agent or attorney to the district court of the county where the same was rendered, in the same manner as appeals are taken from judgments rendered in justice of the peace courts [magistrate courts], provided that the only issue on any such appeal shall be the amount of damages sustained by such landowner or owners.

History: Laws 1919, ch. 39, § 7; C.S. 1929, § 151-463; 1941 Comp., § 77-1458; 1953 Comp., § 75-14-59.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Section 35-1-38 NMSA 1978 abolished the office of justice of the peace, transferred the jurisdiction, powers and duties of said justices to the magistrate court and provided that all statutory references to "justice of the peace" shall be construed to refer to the magistrate court.

Cross references. — For procedure for appeal from magistrate court to district court, see 35-13-1 to 35-13-3 NMSA 1978, and Rule 2-705 NMRA.

For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA.

For scope of review of the district court, see Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995).

Prior remedy was petition for writ of certiorari. — Certiorari was the proper remedy to bring up for review all the proceedings before a justice on condemnation of land for ditch purposes. Leyba v. Armijo, 1902-NMSC-017, 11 N.M. 437, 68 P. 939 (decided under former law).