New Mexico Statutes
Article 6 - Drainage Districts; Formation
Section 73-6-40 - [Commissioners report; trial; findings; confirmation.]

But if the preliminary report be that the benefits of said proposed work (or work by the commissioners proposed) will exceed the damages and the cost of construction and that the agricultural interests will be promoted thereby, and no remonstrance thereto is filed, or if on the trial of the issues made on said report the court finds that the benefits will exceed the damages and cost of construction, and that the agricultural interests will be promoted by said proposed work, the court shall make and file such findings in writing and make an order confirming said report or directing amendment of the report to conform to the findings of said court. And when so amended the court shall by order confirm the same and direct said commissioners to proceed with said work with all convenient speed.
History: Laws 1912, ch. 84, § 34; Code 1915, § 1910; C.S. 1929, § 40-140; 1941 Comp., § 77-1840; 1953 Comp., § 75-19-40.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For findings and conclusions, see Rule 1-052 NMRA.

Structure New Mexico Statutes

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 73-6-17 - [Finding sufficient number of signers; certificate; calling election for drainage commissioners.]

Section 73-6-18 - [Qualifications of voters; application of general election laws.]

Section 73-6-19 - [Elected by plurality vote.]

Section 73-6-20 - [Ballots.]

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.]