Whenever provision is made in this act for trial of any controversy by a jury, it shall be taken and construed to mean only those controversies in which trial by jury is guaranteed by the constitution of the state of New Mexico. All other controversies provided herein to be heard by the court or jury shall be heard and decided by the judge without the intervention of a jury.
History: Laws 1927, ch. 45, § 409; C.S. 1929, § 30-409; 1941 Comp., § 77-2809; 1953 Comp., § 75-29-9.
Compiler's notes. — For the meaning of "this act", see compiler's notes to 73-15-4 NMSA 1978.
Constitutionality of former provisions. — The provisions of Laws 1923, ch. 140, § 409(5) (repealed), which gave the district court jurisdiction to try condemnation cases involving lands which might be beyond the territorial limits of the district, were not unconstitutional. In re Proposed Middle Rio Grande Conservancy Dist., 1925-NMSC-058, 31 N.M. 188, 242 P. 683.
Structure New Mexico Statutes
Chapter 73 - Special Districts
Article 15 - Conservancy Districts; Appraisal of Benefits
Section 73-15-1 - Appointment of appraisers.
Section 73-15-3 - Land affected outside the district.
Section 73-15-4 - Notice of hearing on land excluded from or taken into district [; order of court].
Section 73-15-5 - Report of appraisers.
Section 73-15-6 - Notice of hearing on appraisals.
Section 73-15-7 - Hearing on appraisals.
Section 73-15-8 - Order on appraisals.
Section 73-15-9 - Jury trials.
Section 73-15-10 - Entry after deposit of award [pending jury trial].
Section 73-15-11 - Filing order.
Section 73-15-12 - Change of official plan.
Section 73-15-13 - Property exempt and later liable to assessment.