2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 20 - Soil and Water and Watershed Conservation Districts
Section 73-20-8 - Hearing; notice.

A. Within thirty days after the petition has been filed with the board of supervisors, it shall cause due notice to be given by publication for three consecutive weeks, once a week on the same day of each week, immediately prior to the action in a newspaper of general circulation in the area, and, if no newspaper of general circulation exists, shall post in not less than eight public places within the area, notice of a hearing upon the practicability and feasibility of creating the district. In addition to the publication provided for in this subsection, absentee landowners shall be notified by first class mail if their whereabouts can be ascertained by reasonably diligent search. All interested parties shall have the right to attend such hearing and be heard. If it shall appear at the hearing that other lands should be included or that lands included in the petition should be excluded, the board of supervisors may permit such inclusion or exclusion.

B. If it appears upon the hearing that it may be desirable to include within the proposed district, territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of a further hearing shall be given throughout the entire area considered for inclusion in the district and a further hearing shall be held. After final hearing, if the board of supervisors determines, upon the facts presented at the hearing and upon other available information, that there is need, in the interest of the public health, safety and welfare for such a district to function in the territory considered, it shall make and record the determination and shall define by metes and bounds or by legal subdivisions, the boundaries of the district.

C. If the board determines after the hearing that it is not feasible for such district to function in the territory considered, it shall make and record the determination and shall deny the petition.

History: 1953 Comp., § 45-5-26, enacted by Laws 1957, ch. 210, § 8; 1961, ch. 233, § 1; 1975, ch. 294, § 2.

Notice required for proposed district hearing. — All landowners who do not reside on their land within the proposed district but reside outside the district are entitled to notice by registered mail of a hearing and referendum on a proposed watershed district. 1963 Op. Att'y Gen. No. 63-161.

Notice by publication constitutes constructive notice. — Notice by publication, as provided in both Subsections A and B, constitutes constructive notice to landowners actually living in the proposed watershed district. 1963 Op. Att'y Gen. No. 63-161.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 261 et seq.

73A C.J.S. Public Administrative Law and Procedure §§ 130, 131.