On such petition being filed the court or judge thereof shall make an order fixing a time and place of hearing thereon and ordering notice; thereupon the clerk of said court, for the county in which the proceedings are instituted, shall cause twenty days' notice of the filings of such petition to be given:
A. by posting notice thereof in at least five public places in the district in which said work is to be done;
B. by serving or causing to be served a copy of such notice on each owner or reputed owner of land within proposed district, residing in any county in which any lands in said proposed district are situated either personally or by leaving a copy thereof at his last usual place of abode, with a person of suitable age and discretion, to whom its contents shall be explained; and
C. by publishing a copy thereof at least once a week for three successive weeks in some newspaper published in each county from which any part of the district is proposed to be taken. If there be no newspaper in any such county, such notice may be published in a newspaper of general circulation in the district.
Such notice shall state:
A. in what court said petition is filed;
B. state briefly the starting points, routes and termini of said drains or ditches;
C. give a general description of the proposed work;
D. give the proposed boundaries of said district (or a general description of all the lands in said proposed district);
E. give the name proposed for said drainage district; and
F. shall also state the time and place by the court fixed when and where the petitioners will ask a hearing on said petition.
History: Laws 1912, ch. 84, § 4; Code 1915, § 1880; C.S. 1929, § 40-104; 1941 Comp., § 77-1804; 1953 Comp., § 75-19-4.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For service in the district court, see Rule 1-004 NMRA.
For posting, publication and mailing of notice unnecessary, see 73-6-7 NMSA 1978.
For general provisions regarding publication of notice, see Chapter 14, Article 11 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Sufficiency of statutory provision for notice and hearing, 84 A.L.R. 1098, 145 A.L.R. 1196.
28 C.J.S. Drains § 32 et seq.
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.]