2021 New Mexico Statutes
Article 55A - County Improvement Districts
Section 4-55A-8 - Improvement district; notice of assessment; protests.

A. The notice of the provisional order creating an improvement district shall:
(1) contain the time and place when the board shall hold a hearing on the provisional order creating the improvement district;
(2) describe the improvement to be constructed and the general location thereof; and
(3) state that any interested person may ascertain in the office of the county clerk:
(a) a description of the property to be assessed; and
(b) the maximum amount of benefit estimated to be conferred on each tract or parcel of land.
B. Not more than thirty days nor less than ten days before the day of the hearing, the county clerk, his deputy or the engineer shall mail the notice of the hearing on the provisional order to the owner of the tract or parcel of land being assessed the cost of the improvement at his last known address. The name and address of the owner of each tract of land shall be obtained from the records of the county assessor or any other source the county clerk or engineer deems reliable. Proof of the mailing is to be made by affidavit of the county clerk, his deputy or the engineer, and shall be filed in the office of the county clerk. Failure to mail any notice shall not invalidate any of the proceedings authorized in the County Improvement District Act.
C. Notice of the hearing shall also be published once each week for three consecutive weeks and the last publication shall be at least one week prior to the day of the hearing. Such service by publication shall be verified by an affidavit of the publisher which is to be filed in the office of the county clerk.
History: Laws 1980, ch. 91, § 8.
Cross references. — For payment of notice of order, see 14-11-7 NMSA 1978.

Structure 2021 New Mexico Statutes

2021 New Mexico Statutes

Chapter 4 - Counties

Article 55A - County Improvement Districts

Section 4-55A-1 - Short title.

Section 4-55A-2 - Improvement district; definitions.

Section 4-55A-3 - Improvement district; authorization; limitation.

Section 4-55A-4 - Improvement district; purpose.

Section 4-55A-4.1 - Improvement district; additional purpose.

Section 4-55A-5 - Improvement district; powers of a county.

Section 4-55A-6 - Improvement district; limitations on powers of county with respect to street or right of way under jurisdiction of state transportation commission.

Section 4-55A-7 - Improvement district; provisional order method; procedure; preliminary lien; notice of pendency of district; effect.

Section 4-55A-8 - Improvement district; notice of assessment; protests.

Section 4-55A-9 - Improvement district; provisional order; protest; action in district court.

Section 4-55A-10 - Improvement district; petition method; requirements; distribution of costs; notice of hearing.

Section 4-55A-11 - Improvement district; notice of preliminary hearing.

Section 4-55A-12 - Improvement district; preliminary hearing; protest; action of the board; action in district court.

Section 4-55A-12.1 - Imposition of improvement district property tax; limitations.

Section 4-55A-13 - Improvement district; levy and collection of assessments prior to commencing improvement; special fund; misuse; penalty.

Section 4-55A-14 - Improvement district; advertising for bids; county may do work; contribution by governmental agency.

Section 4-55A-15 - Notice of bid; acceptance of bid.

Section 4-55A-16 - Improvement district; assessment of railroad property.

Section 4-55A-17 - Improvement district; assessment roll; notice of assessment hearing.

Section 4-55A-18 - Improvement district; filing of objections; assessment hearing; action of the board; appeal to district court.

Section 4-55A-19 - Improvement district; assessments; terms of payment; liens.

Section 4-55A-20 - Improvement district; authority to issue bonds or assignable certificates.

Section 4-55A-21 - Improvement district; rights of negotiable bondholders or assignable certificate holders.

Section 4-55A-22 - Improvement district; additional duties imposed on county.

Section 4-55A-23 - Improvement district; acceptance of deed in lieu of foreclosure.

Section 4-55A-24 - Improvement district; foreclosure; trustee may purchase at foreclosure of liens; contents of bid.

Section 4-55A-25 - Improvement district; title subject to redemption vests in trustee.

Section 4-55A-26 - Improvement district; private or public sale of property; redemption period; application for authorization; appraisement; disposition of proceeds.

Section 4-55A-27 - Improvement district; assessment funds; expenditures; misuse; penalties.

Section 4-55A-28 - Transfer of improvement district funds.

Section 4-55A-29 - Improvement district; reassessment after voiding of assessments; procedure.

Section 4-55A-30 - Improvement district; reassessment; defects waived; credit for previous payment.

Section 4-55A-31 - Improvement district; appeal to district court.

Section 4-55A-32 - Improvement district; payment of reassessment; continuing proceedings to collect assessment.

Section 4-55A-33 - Improvement district; appeal of reassessment; procedure exclusive.

Section 4-55A-34 - Improvement district; application of reassessment fund to outstanding indebtedness.

Section 4-55A-35 - Improvement district; refunding improvement bonds; authority.

Section 4-55A-36 - Refunding bonds; escrow; detail.

Section 4-55A-37 - Improvement district; ordinance for refunding bonds; conditions; sale or exchange.

Section 4-55A-38 - Improvement district; payment of assessment for refunding bond; maximum term; interest; prepayment; liens.

Section 4-55A-39 - Improvement district; construction of sections.

Section 4-55A-40 - Street and road improvement fund authorization.

Section 4-55A-41 - Street and road improvement fund; use.

Section 4-55A-42 - Street and road improvement fund; repurchasing bonds or certificates; pledging income.

Section 4-55A-43 - Street and road improvement fund; diverting proceeds from tax.