A. The county may, in a single suit, foreclose the liens against all of the persons named in a notice of liens or against the property if the owners are unknown. The complaint filed by the county shall:
(1) expressly state the name and address of each defendant, if known;
(2) describe the property against which the lien is established; and
(3) set forth the amount of the lien and the date from which any interest has accrued.
B. The judgment or decree rendered in said cause shall be several against the named defendants and against the several properties for the amounts decreed to be due by each. Liens shall be foreclosed in the same manner that mortgages or other liens against real estate are foreclosed, with like rights of redemption. At the trial foreclosing the lien, the recitals of the liens or the notices of lien shall be received in evidence as prima facie true. In any foreclosure of a lien for street maintenance assessments under this act [67-4-20 to 67-4-24 NMSA 1978], a reasonable attorney's fee shall be taxed by the court as part of the costs.
History: 1953 Comp., § 55-3-28, enacted by Laws 1969, ch. 167, § 5.
Structure New Mexico Statutes
Article 4 - County Highways in General
Section 67-4-2 - [County commissioners succeed to powers and duties of county road superintendents.]
Section 67-4-3 - [County road superintendent; employment; powers.]
Section 67-4-4 - County road contracts with state transportation commission.
Section 67-4-5 - [Road districts; establishment; road supervisor; appointment; powers.]
Section 67-4-6 - [Disbursements from road and bridge fund; county road superintendent's plan.]
Section 67-4-7 - Disbursements from road fund; state transportation commission plan.
Section 67-4-8 - [Disbursements from road and bridge fund; road supervisor's plan.]
Section 67-4-10 - Budget contents; limitations.
Section 67-4-12 - Rights of way; road location changes.
Section 67-4-13 - Road maintenance; insufficiency of state funds.
Section 67-4-15 - [Violation of 67-4-3 to 67-4-16 NMSA 1978; penalty; disposition of fines.]
Section 67-4-16 - [Misuse of funds and other violations; liability on bond; removal from office.]
Section 67-4-17 - [Cooperative agreements with federal government.]
Section 67-4-18 - [Portion of proceeds of tax levies paid to municipalities.]
Section 67-4-19 - [Municipal "street paving and improvement fund"; purposes for which used.]
Section 67-4-20 - Local county roads; assessment for maintenance; lien.
Section 67-4-21 - County lien; filing; contents; interest.
Section 67-4-22 - Effect of filing notice of lien.