A. In any and every case where a notice is provided for in this act, if the court finds for any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated, but the court shall in that case order due notice to be given, and shall continue the hearing until such time as notice shall be properly given and thereupon shall proceed as though notice had been properly given in the first instance.
B. In case any particular appraisal or appraisals, assessment or assessments, levy or levies, shall be held void for want of legal notice, or in case the board shall determine that any notice with reference to any land or lands may be faulty, then the board may file a motion in the original cause asking that the court order notice to be given to the owner of such land or lands, and the court shall set a time for hearing as provided in this act. And in case the original notice as a whole shall be held to be sufficient, but faulty only with reference to publication as to certain particular lands, in such case only the owners of and persons interested in such particular lands need be notified by such subsequent notice, and if the publication of any notice in any court shall be held to be defective or not made in time, publication of the defective notice need be had only in the county in which the defect occurred.
History: Laws 1927, ch. 45, § 901; C.S. 1929, § 30-901; 1941 Comp., § 77-3015; 1953 Comp., § 75-31-15.
Compiler's notes. — For the meaning of "this act", see the compiler's notes to 73-17-1 NMSA 1978.
Structure New Mexico Statutes
Chapter 73 - Special Districts
Article 17 - Conservancy Districts; General Provisions
Section 73-17-1 - Lands in more than one district.
Section 73-17-2 - Union of districts.
Section 73-17-3 - Subdistricts.
Section 73-17-4 - District protection.
Section 73-17-5 - Prohibition of injury to survey marks [; field notes are district property]
Section 73-17-6 - Liability for damages.
Section 73-17-7 - Penalty for fraud.
Section 73-17-8 - Removal of officials for cause.
Section 73-17-9 - Remedy by mandamus.
Section 73-17-10 - Cooperation with United States government or other agencies.
Section 73-17-11 - Board to secure cooperation.
Section 73-17-12 - Interference with state and federal rights.
Section 73-17-13 - Federal [or state] appropriations.
Section 73-17-14 - State lands.
Section 73-17-15 - Correction of faulty notices.
Section 73-17-16 - Early hearings.
Section 73-17-17 - Appeals shall not delay proceedings.
Section 73-17-18 - Remedy for injury by a district.
Section 73-17-19 - Short forms and abbreviations.
Section 73-17-20 - Liberal construction.
Section 73-17-21 - Prescription and adverse possession.
Section 73-17-22 - Property, title, tax exempt.