The district shall also have the right, instead of having appraisals made by the board of appraisers, to condemn for the use of the district according to the procedure provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978] for the appropriation of property taken for public use and [any] property within or without the district not acquired or condemned by the court on the report of the appraisers.
History: Laws 1927, ch. 45, § 311; C.S. 1929, § 30-311; 1941 Comp., § 77-2721; 1953 Comp., § 75-28-21; Laws 1981, ch. 125, § 58.
The 1981 amendment, effective July 1, 1981, inserted "board of" preceding "appraisers" near the beginning of the section, substituted "the Eminent Domain Code" for "Chapter XXXIV of the Codification of 1915, and all amendatory or supplementary acts" near the middle of the section, deleted "land or other" following "appropriation of" near the middle of the section, substituted "and" for "any land or" near the end of the section and substituted "the" for "said" preceding "district" near the end of the section.
Relaxation of damages doctrine evidenced. — The various provisions of this article manifest an intention to avoid or relax the doctrine that damages when assessed according to law must include all allowable damages. Zamora v. Middle Rio Grande Conservancy Dist., 1940-NMSC-030, 44 N.M. 364, 102 P.2d 673.
Other compensation proceedings distinguished. — Provision of Section 73-17-18 NMSA 1978 pertaining to ascertainment of the amount of compensation for lands taken and damaged to be arrived at by the board of appraisers is not a substitute for condemnation proceedings referred to in this section. Zamora v. Middle Rio Grande Conservancy Dist., 1940-NMSC-030, 44 N.M. 364, 102 P.2d 673.
Petition for damages no substitute for condemnation proceedings. — Section 73-17-18 NMSA 1978 is not a substitute for condemnation proceedings referred to in Section 73-14-42 NMSA 1978. Under 73-17-18 NMSA 1978, the plaintiffs initiate their claims for damages with a petition, while under eminent domain proceedings the defendant initiates its claims for condemnation of plaintiffs' property. Wells v. Arch Hurley Conservancy Dist., 1976-NMCA-082, 89 N.M. 516, 554 P.2d 678.
Structure New Mexico Statutes
Chapter 73 - Special Districts
Article 14 - Conservancy Districts; Definitions; Organization and Management
Section 73-14-1 - Declaration.
Section 73-14-2 - Application.
Section 73-14-3 - Definition of terms.
Section 73-14-4 - Jurisdiction of the conservancy court.
Section 73-14-5 - Petition; place of filing; signatures; contents; land included.
Section 73-14-6 - Bond of petitioners.
Section 73-14-7 - Notice of hearing on petition.
Section 73-14-8 - Protesting petitions and hearing on petitions.
Section 73-14-10 - Notice of election; publication.
Section 73-14-11 - Form of ballot.
Section 73-14-12 - Conduct of election.
Section 73-14-13 - Declaration of organization.
Section 73-14-14 - Application of election law.
Section 73-14-15 - Hearing; declaration of organization; nature of district; contents of decree.
Section 73-14-16 - Filing order of incorporation.
Section 73-14-17 - Appointment of directors.
Section 73-14-19 - Boards of directors; membership; qualifications.
Section 73-14-20 - Definitions.
Section 73-14-20 - Definitions. (Effective July 1, 2022.)
Section 73-14-20.1 - Qualified elector list.
Section 73-14-20.1 - Qualified elector list. (Effective July 1, 2022.)
Section 73-14-21 - Board of directors; election; terms.
Section 73-14-22 - Board of directors; apportionment.
Section 73-14-23 - Suspension or removal.
Section 73-14-24 - Time and procedure for election.
Section 73-14-24 - Time and procedure for election. (Effective July 1, 2022.)
Section 73-14-25 - Declaration of candidacy; signatures of electors.
Section 73-14-25 - Declaration of candidacy; signatures of electors. (Effective July 1, 2022.)
Section 73-14-26 - Designation of positions for purposes of election.
Section 73-14-28 - Election judges. (Repealed effective July 1, 2022.)
Section 73-14-28.1 - Election.
Section 73-14-28.1 - Election. (Effective July 1, 2022.)
Section 73-14-29 - Form of ballot. (Repealed effective July 1, 2022.)
Section 73-14-30 - Election expenses.
Section 73-14-31.1 - Absentee ballot application. (Repealed effective July 1, 2022.)
Section 73-14-31.3 - Absentee-early voting; electioneering. (Repealed effective July 1, 2022.)
Section 73-14-33 - Organization of the board of directors.
Section 73-14-35 - Employment of agents.
Section 73-14-36 - Preparation of plans.
Section 73-14-37 - Powers to execute improvement plans [; facilities for recreation and research]
Section 73-14-38 - Access to land.
Section 73-14-39 - General powers.
Section 73-14-40 - Letting contracts.
Section 73-14-41 - Dominant right of eminent domain.
Section 73-14-42 - Condemnation under general law.
Section 73-14-43 - Regulations to protect works.
Section 73-14-44 - Removal of structures.
Section 73-14-45 - Passing equipment through bridge or grade.
Section 73-14-46 - Surveys and investigations [; flood warning service]
Section 73-14-47 - The use of water.
Section 73-14-48 - General grant of power.
Section 73-14-49 - Declaration of policy.
Section 73-14-50 - Distribution of irrigation waters.
Section 73-14-51 - Rules and regulations.
Section 73-14-52 - Enforcement.
Section 73-14-55 - [Boards of directors; membership; qualifications.]
Section 73-14-55 - Boards of directors; membership; qualifications. (Effective July 1, 2022.)
Section 73-14-56 - [Election of board members.]
Section 73-14-57 - Definition of "qualified electors".
Section 73-14-58 - [Six-year terms; vacancies; organization of board; transfer of property.]
Section 73-14-58 - Terms; vacancies. (Effective July 1, 2022.)
Section 73-14-59 - [Suspension or removal of directors.]
Section 73-14-60 - [Board empowered to fill vacancies.]
Section 73-14-61 - Notice of candidacy; signatures of electors.
Section 73-14-61 - Notice of candidacy; signatures of electors. (Effective July 1, 2022.)
Section 73-14-62 - [Time, place and procedure for election.]
Section 73-14-62 - Time, place and procedure for election. (Effective July 1, 2022.)
Section 73-14-64 - [Conduct of election; procedure.] (Repealed effective July 1, 2022.)
Section 73-14-66 - [Election expenses; payment; levy of tax.]
Section 73-14-67 - [Election violations; penalty.]
Section 73-14-68 - Audit of district records; levy.
Section 73-14-69 - Application of provisions of act.
Section 73-14-70 - Applicability of act.
Section 73-14-71 - Definition of "qualified elector.".
Section 73-14-72 - Board of directors; powers; election; terms.
Section 73-14-73 - Elections; when held.
Section 73-14-73 - Elections. (Effective July 1, 2022.)
Section 73-14-74 - Eligibility of district to hold election.
Section 73-14-74 - Eligibility of district to hold election. (Effective July 1, 2022.)
Section 73-14-75 - Election of first board of directors.
Section 73-14-76 - Vacancies on board; how filled.
Section 73-14-77 - Suspension or removal of board members.
Section 73-14-78 - Notice of candidacy; signatures of electors.
Section 73-14-78 - Notice of candidacy; signatures of electors. (Effective July 1, 2022.)
Section 73-14-79 - Designation of board members for purposes of election.
Section 73-14-81 - Election judges. (Repealed effective July 1, 2022.)
Section 73-14-82 - Election; form of ballot. (Repealed effective July 1, 2022.)
Section 73-14-83 - Election; polls; opening and closing times. (Repealed effective July 1, 2022.)
Section 73-14-84 - Election; procedure. (Repealed effective July 1, 2022.)
Section 73-14-86 - Election; canvass; certificates of election. (Repealed effective July 1, 2022.)
Section 73-14-87 - Election expense.
Section 73-14-88 - Election violations; penalty.
Section 73-14-89 - Penalty; false voting.
Section 73-14-90 - Unlawful possession of absentee ballot material; penalty.
Section 73-14-91 - Unlawful opening of ballot box; penalty.
Section 73-14-92 - Falsifying an election document; penalty.