The revenue laws of this state for the assessment, levying and collection of taxes for state and county purposes, except as herein modified, shall be applicable for the purposes of the district in the collection of assessments including the enforcement of penalties and forfeiture for delinquent taxes. All interest and penalties that may be collected on delinquent assessments levied and assessed for district purposes shall be by the respective county treasurers delivered to the treasurer as herein provided for the delivery of assessments collected by such county treasurer.
History: Laws 1927, ch. 45, § 516; C.S. 1929, § 30-516; 1941 Comp., § 77-2916; 1953 Comp., § 75-30-16.
Cross references. — For public lands not to be sold for assessments, see 73-17-14 NMSA 1978.
For valuation of property, see 7-36-1 to 7-36-33 NMSA 1978.
For administration and enforcement of taxes, see 7-38-1 to 7-38-46 NMSA 1978.
For delinquent taxes, see 7-38-46 to 7-38-93 NMSA 1978.
Constitutionality of annual levy provisions. — This section and Section 73-16-15 NMSA 1978 relating to annual levy, when considered with other portions of the Conservancy Act (Laws 1927, ch. 45), are not uncertain, indefinite or blind, and are not obnoxious to provisions of the first paragraph of N.M. Const., art. IV, § 18, and the county treasurer cannot refuse to accept tenders of state and county taxes without payment at same time of conservancy district assessments, nor sell lands for both state and county taxes and conservancy district assessments after wrongfully refusing tender of state and county taxes. Tondre v. Garcia, 1941-NMSC-042, 45 N.M. 433, 116 P.2d 584.
Statutes of limitation. — This section raises the question as to whether or not the 10-year statute of limitations on taxation was incorporated into the Conservancy District Act. It may be that it was. It is reasonably certain that collections for these assessments may not be made beyond 10 years. However, there is a possibility that, as in paving assessments and under the holding of Altman v. Kilburn, 1941-NMSC-023, 45 N.M. 453, 116 P.2d 812, collection for these assessments may be barred after four years (Section 37-1-25 NMSA 1978). 1956 Op. Att'y Gen. No. 56-6563.
Structure New Mexico Statutes
Chapter 73 - Special Districts
Article 16 - Conservancy Districts; Financial Administration
Section 73-16-2 - Preliminary fund.
Section 73-16-3 - Power to borrow money for the preliminary fund.
Section 73-16-4 - Construction fund.
Section 73-16-6 - Payment of construction fund assessments.
Section 73-16-7 - Conservancy bonds.
Section 73-16-8 - Bonds tax exempt.
Section 73-16-9 - Bonds, investment of state funds.
Section 73-16-10 - Maintenance fund.
Section 73-16-11 - Power to borrow money for the maintenance fund.
Section 73-16-12 - Readjustment of maintenance fund assessments.
Section 73-16-13 - Assessment of public corporations.
Section 73-16-14 - Duties of officers of public corporations.
Section 73-16-15 - Annual levy.
Section 73-16-16 - Lien of assessments.
Section 73-16-17 - Revenue laws of state [applicable].
Section 73-16-18 - Division of assessment.
Section 73-16-19 - County takes property subject to lien of district assessments.
Section 73-16-20 - County commissioners cannot rebate district assessments.
Section 73-16-21 - Board may be purchaser on sale.
Section 73-16-22 - Special proceedings to enforce collections.
Section 73-16-23 - Assessment records prima facie evidence.
Section 73-16-24 - Remedy for defective assessments.
Section 73-16-25 - Ex-officio district treasurer.
Section 73-16-26 - Bond of county treasurer.
Section 73-16-27 - Duty of county treasurer to pay over tax; failure.
Section 73-16-28 - Surplus funds and annual reports.
Section 73-16-29 - Compensation of officials.
Section 73-16-30 - [Conservation and development of resources; assessments authorized.]
Section 73-16-31 - [Conservation and development fund assessment; levy; records; payment.]
Section 73-16-32 - [Conservation and development fund created; legislative finding.]
Section 73-16-33 - [Conservancy bonds; conservation and development issue.]
Section 73-16-34 - [Interest rate; sale to governmental agencies without advertisement.]
Section 73-16-35 - [Bonds tax exempt; investment of state funds.]
Section 73-16-36 - [Amount of bonds; use of proceeds; exemptions from assessment.]
Section 73-16-37 - [Application of other laws.]
Section 73-16-38 - [Bonds in serial form; maturity dates.]
Section 73-16-39 - [Bonds considered additional to other bonds; authority to issue; limitations.]
Section 73-16-40 - [Limited repeal.]
Section 73-16-41 - [Guaranty fund established in districts of 50,000 acres or more.]
Section 73-16-42 - [Tax levy for guaranty fund.]
Section 73-16-43 - [Levy and collection of tax for guaranty fund.]
Section 73-16-44 - [Disposition of guaranty fund.]
Section 73-16-45 - [Investment of guaranty fund.]
Section 73-16-46 - [Transfers from guaranty fund to other funds.]
Section 73-16-47 - [Other assessments unaffected.]
Section 73-16-48 - [Limitation on use of fund.]
Section 73-16-49 - [Application of Guaranty Fund Act.]
Section 73-16-50 - Refunding bonds; form; registration.
Section 73-16-51 - [Exchange or sale of bonds; incontestability.]
Section 73-16-52 - [Bonds tax exempt; investment of state funds.]