The court shall hear and determine whether or not the petition contains the signatures of twenty-five percent of the adult owners of lands within the said proposed district and who represent one-fourth in area of the lands proposed to be affected by said work and shall determine all questions of law arising on said contest. The district court in which such petition shall be filed or the judge thereof may adjourn the hearing from time to time for want of sufficient notice or to give time to prepare for trial or for other good cause.
History: Laws 1912, ch. 84, § 12; Code 1915, § 1888; Laws 1921, ch. 166, § 2; C.S. 1929, § 40-112; 1941 Comp., § 77-1812; 1953 Comp., § 75-19-12.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For finality of findings and orders and appeal to supreme court, see 73-6-41 NMSA 1978.
Right to withdraw name from petition. — Any person signing the petition has the right to withdraw his name at any time before the district court has finally acted upon the petition and determined that it is signed by the number required to create the drainage district. In re Bernalillo County Drainage Dist. No. 1, 1919-NMSC-004, 25 N.M. 171, 179 P. 233.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts §§ 6, 12 et seq.; 45 Am. Jur. 2d Irrigation §§ 54, 55.
28 C.J.S. Drains §§ 28, 29.
Structure New Mexico Statutes
Chapter 73 - Special Districts
Article 6 - Drainage Districts; Formation
Section 73-6-1 - Drainage district; petition for; contents.
Section 73-6-2 - [Petition amendment; consolidation.]
Section 73-6-3 - [Noncontiguous lands.]
Section 73-6-4 - [Petition; hearing; notice.]
Section 73-6-5 - [Nonresidents; petition; notice.]
Section 73-6-6 - [Notice; proof of service.]
Section 73-6-7 - [Notice; personal service.]
Section 73-6-8 - [Notice; owners not served.]
Section 73-6-9 - [Notice; time of service.]
Section 73-6-10 - [Hearing; failure of service.]
Section 73-6-11 - [Hearing; objections.]
Section 73-6-12 - [Hearing and determination.]
Section 73-6-13 - [Proof of ownership.]
Section 73-6-14 - [Petition; deed made to defeat.]
Section 73-6-15 - [Petition; purchasers after notice of petition.]
Section 73-6-16 - [Petition; insufficient signatures.]
Section 73-6-18 - [Qualifications of voters; application of general election laws.]
Section 73-6-19 - [Elected by plurality vote.]
Section 73-6-21 - ["Resident freeholder" defined.]
Section 73-6-22 - [Determining and declaring result of election.]
Section 73-6-23 - [Election precincts; polling places; election judges and clerks.]
Section 73-6-24 - [Time for holding second and subsequent elections; commissioners holding over.]
Section 73-6-25 - [Commissioners; oath; bond; quorum; concurrence of majority.]
Section 73-6-26 - [Appointments to fill expired terms; time; notice.]
Section 73-6-27 - [Commissioners; vacancies.]
Section 73-6-28 - [Commissioners; accounts; records; vouchers.]
Section 73-6-29 - [Commissioners; annual report.]
Section 73-6-30 - [Commissioners; compensation; expenses.]
Section 73-6-31 - [Commissioners; court to control; contempt.]
Section 73-6-32 - [Commissioners; bonds; liability.]
Section 73-6-33 - [Commissioners; organization; examination of lands; report.]
Section 73-6-34 - [Commissioners to report.]
Section 73-6-35 - [Commissioners; hearing on report.]
Section 73-6-36 - [Commissioners; report; hearing; adjournment.]
Section 73-6-37 - [Commissioners; report; remonstrance.]
Section 73-6-38 - [Lands added to; notice to owners.]
Section 73-6-39 - [Commissioners report; trial; judgment; costs.]
Section 73-6-40 - [Commissioners report; trial; findings; confirmation.]
Section 73-6-41 - [Commissioners report; findings final; appeal to Supreme Court.]
Section 73-6-42 - [Name; boundaries; corporation; powers.]
Section 73-6-43 - [Commissioners; powers.]
Section 73-6-44 - [Conditions precedent to formation of drainage district.]