The governing body may assess the property of any railroad or street railroad which occupies or abuts any street the whole cost of the improvement between or under the rails or tracks and two feet on each side of the rail or track of the railroad or street railroad. The assessment shall be levied as other assessments are levied and shall constitute a lien coequal with the lien of other taxes and prior and superior to all other liens, claims and titles, and which may be enforced by sale of the railroad or street railroad property or by suit against the owner of the railroad or street railroad.
History: 1953 Comp., § 14-32-13, enacted by Laws 1965, ch. 300.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability of street railway which paves or is liable for paving occupied portion of street to assessment for improvement of remainder, 10 A.L.R. 164.
Liability of railroad which paves or is liable for paving occupied portion of street to assessment for improvement of remainder, 29 A.L.R. 679.
Right of way of railroad as liable for local improvements, 37 A.L.R. 219, 82 A.L.R. 425.
Public service commission's power as to paving of street by street railway company, 39 A.L.R. 1538.
Railroad property, excessiveness or unfairness of assessment on, for highway improvement, 48 A.L.R. 497.
Assessment for street or local improvement of right of way other than that of railroad or street railway, 58 A.L.R. 127.
Railroad grade crossing, elimination of, as a local improvement for which property specially benefited may be assessed, 111 A.L.R. 1222.
Structure 2021 New Mexico Statutes
Article 33 - Improvement Districts
Section 3-33-1 - Improvement district; authorization.
Section 3-33-2 - Improvement district; definitions.
Section 3-33-3 - Improvement district; purpose.
Section 3-33-4 - Improvement district; additional purpose.
Section 3-33-4.1 - Improvement district; additional purpose.
Section 3-33-5 - Improvement district; powers of municipality.
Section 3-33-6 - Improvement district; additional purpose.
Section 3-33-6.1 - Improvement district; additional purpose.
Section 3-33-7 - Improvement district; powers of and restrictions upon a county.
Section 3-33-8 - Improvement district; powers of a municipality outside its boundaries.
Section 3-33-12 - Improvement district; notice of assessment; protests.
Section 3-33-13 - Improvement district; provisional order; protest; appeal to district court.
Section 3-33-14.1 - Imposition of improvement district property tax; limitations.
Section 3-33-15 - Improvement district; notice of preliminary hearing.
Section 3-33-19 - Notice of bid; acceptance of bid.
Section 3-33-20 - Improvement district; assessment of railroad property.
Section 3-33-21 - Improvement district; assessment roll; notice of assessment hearing.
Section 3-33-23 - Improvement district; assessments; terms of payment; liens.
Section 3-33-24 - Improvement district; authority to issue bonds or assignable certificates.
Section 3-33-26 - Improvement district; additional duties imposed on municipality.
Section 3-33-27 - Improvement district; acceptance of deed in lieu of foreclosure.
Section 3-33-29 - Improvement district; title subject to redemption vests in trustee.
Section 3-33-31 - Improvement district; assessment funds; expenditures; misuse; penalties.
Section 3-33-32 - Transfer of improvement district funds.
Section 3-33-33 - Improvement district; reassessment after voiding of assessments; procedure.
Section 3-33-34 - Improvement district; reassessment; defects waived; credit for previous payment.
Section 3-33-35 - Improvement district; notice of appeal; appeal to district court.
Section 3-33-37 - Improvement district; appeal of reassessment; procedure exclusive.
Section 3-33-40 - Refunding bonds; escrow; detail.
Section 3-33-41 - Improvement district; ordinance for refunding bonds; conditions; sale or exchange.
Section 3-33-43 - Improvement district; construction of Sections 3-33-39 through 3-33-42 NMSA 1978.