New Mexico Statutes
Article 15 - Conservancy Districts; Appraisal of Benefits
Section 73-15-2 - Appraisals.

A. During the preparation of the official plan, the appraisers shall examine and become acquainted with the nature of the plans for the improvement and of the lands and other property affected thereby, in order that they may be better prepared to make appraisals.
B. When the official plan is filed with the secretary he shall at once notify the appraisers, and they shall thereupon proceed to appraise the benefits of every kind to all land and property within or without the district, which will result from the organization of said district and the execution of the official plan, except as otherwise provided in Section 316 [73-14-47 NMSA 1978] of this act; and also to appraise the damages sutained [sustained], and the value of the land and other property necessary to be taken by the district for which settlement has not been made by the board. In the progress of their work, the appraisers shall have the assistance of the attorney, engineers, secretary and other agents and employees of the district.
C. The appraisers shall also appraise the benefits and damages, if any, accruing to public corporations, as political entities, and to the state of New Mexico, and the same shall be taken and considered the same as benefits or damages, as the case may be, to land or other property, and to public health, safety, convenience and welfare.
D. Before appraisals of compensation and damages are made, the board may report to the appraisers the parcels of land it may wish to purchase and for which it may wish appraisals to be made, both for easement and for purchase in fee simple, and the board may specify the particular purpose for which and the extent to which an easement in any property is desired, describing definitely such purpose and extent. Wherever instructed so to do by the board, appraisers shall appraise lands which it may be necessary or desirable for the district to own, and when instructed by the board so to do, they shall appraise both the total value of the land and also the damages due to an easement for the purposes of the district.
Upon such appraisals being confirmed by the court, the board shall have the option of paying the entire appraised value of the property and acquiring full title to it in fee simple, or of paying only the cost of such easement. Upon written demand by the owner, such option shall be exercised by the board within ninety (90) days after the date of the final judicial determination of such appraisals.
E. In appraising the value of property taken, no additional damages shall be allowed on account of any increase in value of property due to the execution of the official plan. The appraisers in appraising benefits and damages shall consider only the effect of the execution of the official plan.
F. The appraisers shall appraise all damages which may, because of the execution of the official plan, accrue to real or other property, either within or without the district, which damages shall also cover easements acquired by the district for all of the purposes of the district, unless otherwise specifically stated.
G. The appraisers in making appraisals shall give due consideration and credit to any other works or other systems of protection already constructed, or under construction, which form a useful part of the work of the district according to the official plan. Where the appraisers or a jury, in case one be called, return no appraisal of damages to any property, it shall be deemed a finding by them that no damages will be sustained.
H. In determining the amount which each tract of land will be benefited by the improvements of the district, especially drainage systems, the appraisers shall consider the damage done to low land from seepage, and saturation by irrigation water from high land, and the necessity for the carrying off of waste water, and such high land shall be considered as being benefited to the extent and in the amount that such lands are responsible for damage to low lands from seepage and saturation by irrigation water.
History: Laws 1927, ch. 45, § 402; C.S. 1929, § 30-402; 1941 Comp., § 77-2802; 1953 Comp., § 75-29-2.
Compiler's notes. — For the meaning of "this act", see compiler's notes to 73-14-1 NMSA 1978.
Constitutionality of appraisal provisions. — This section and Sections 73-16-6 and 73-16-14 NMSA 1978 do not violate N.M. Const., art. IX, § 13. Gutierrez v. Middle Rio Grande Conservancy Dist., 1929-NMSC-071, 34 N.M. 346, 282 P. 1, cert. denied, 280 U.S. 610, 50 S. Ct. 158, 74 L. Ed. 653 (1930).
Constitutionality of former law. — Laws 1923, ch. 140, § 402(3) (repealed; which was identical with the same present law) did not violate the provisions of N.M. Const., art. IV, § 24; art. VIII, § 3. In re Proposed Middle Rio Grande Conservancy Dist., 1925-NMSC-058, 31 N.M. 188, 242 P. 683).
Subsection D applies to proceedings in eminent domain brought by defendant landowners and is not applicable to proceedings initiated by plaintiff landowners under Section 73-17-18 NMSA 1978 relating to damages. Wells v. Arch Hurley Conservancy Dist., 1976-NMCA-082, 89 N.M. 516, 554 P.2d 678.

Structure New Mexico Statutes