2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 7 - Drainage Districts; Construction, Operation and Maintenance
Section 73-7-9 - [Report; assessments; confirmation; appeal.]

If there be no remonstrance, or if the finding be in favor of the validity of the proceedings or after the report shall have been modified to conform to the findings, the court shall confirm the report and order of confirmation shall be final and conclusive, the proposed work shall be established and authorized and the proposed assessments approved and confirmed, which approval and confirmation shall be final, unless within thirty days an appeal be taken to the supreme court.

History: Laws 1912, ch. 84, § 47; Code 1915, § 1923; C.S. 1929, § 40-153; 1941 Comp., § 77-1909; 1953 Comp., § 75-20-9.

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

Timely appeal is sole remedy. — Since decrees rendered under drainage district law are not subject to collateral attack, the only remedy permitted to an owner aggrieved by such decree is by appeal seasonably taken to the supreme court. Strickland v. Elliott, 1921-NMSC-056, 27 N.M. 238, 199 P. 1016.

Landowners adequately protected. — Law regarding drainage districts furnishes a complete and comprehensive system of judicial procedure with respect to drainage, and affords adequate protection of owners of land in district. Lake Arthur Drainage Dist. v. Board of Comm'rs, 1924-NMSC-002, 29 N.M. 219, 222 P. 389; State ex rel. Hagerman Drainage Dist. v. Stanley, 1923-NMSC-025, 28 N.M. 420, 213 P. 770.

Landowner cannot protest assessment on ground that lesser amount expended. — A landowner cannot, in defense to suit to collect interest due upon assessment, defend on the ground that amount assessed against a given tract exceeds the sum actually expended. State ex rel. Hagerman Drainage Dist. v. Stanley, 1923-NMSC-025, 28 N.M. 420, 213 P. 770.