New Mexico Statutes
Article 33 - Improvement Districts
Section 3-33-12 - 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 governing body 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 municipal 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 municipal 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 municipal clerk or engineer deems reliable. Proof of the mailing is to be made by affidavit of the municipal clerk, his deputy or the engineer, which shall be filed in the office of the municipal clerk. Failure to mail any notice shall not invalidate any of the proceedings authorized in Sections 3-33-1 through 3-33-43 NMSA 1978.
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 municipal clerk.
History: 1953 Comp., § 14-32-5, enacted by Laws 1965, ch. 300.
Cross references. — For definition of "publish" or "publication," see 3-1-2 NMSA 1978.
Purpose of the notice is to afford property owner opportunity to urge objections, but this is a right merely to be heard. Ellis v. New Mexico Constr. Co., 1921-NMSC-068, 27 N.M. 312, 201 P. 487.
Notice held sufficient. — Where publication was made in each of three consecutive weeks, though not on the same day of the week, and the last insertion of the notice was more than a week before the date set for the hearing, notice was sufficient. Feldhake v. City of Santa Fe, 1956-NMSC-079, 61 N.M. 348, 300 P.2d 934.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Power of city under freeholder's charter as to special assessments, 35 A.L.R. 888.
63 C.J.S. Municipal Corporations § 1094.

Structure New Mexico Statutes