2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 7 - Drainage Districts; Construction, Operation and Maintenance
Section 73-7-4 - [Report; notice of hearing.]

Universal Citation: NM Stat § 73-7-4 (2020)

Upon the filing of said report, the court shall make and enter an order fixing the time and place when and where all persons interested may appear and remonstrate against the confirmations thereof, and the clerk of said court shall cause notice of the time and place of such hearing to be given to all parties interested, which notice shall contain a brief description of the lands benefited and damaged, together with the net damage awarded to the several tracts, parcels, easements and corporations to which damages are awarded and the sum in each case assessed for construction against said several benefited parcels, tracts, easements and corporations.

History: Laws 1912, ch. 84, § 42; Code 1915, § 1918; C.S. 1929, § 40-148; 1941 Comp., § 77-1904; 1953 Comp., § 75-20-4.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For service of process, see Rule 1-004 NMRA.

For notice of hearings in the district court, see Rules 1-005, 1-005.1 and 1-005.2 NMRA.

Not proper for delinquent landowner to change basis of assessment. — Where a report discloses that the basis of an assessment is the benefits to be derived to each tract of land, a landowner cannot, in defending collection of interest due upon the assessment, urge that the amount assessed against a given tract exceeds the sum actually expended thereon, since that would change the basis of the assessment. State ex rel. Hagerman Drainage Dist. v. Stanley, 1923-NMSC-025, 28 N.M. 420, 213 P. 770.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 C.J.S. Drains § 40.

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