New Mexico Statutes
Article 7 - Drainage Districts; Construction, Operation and Maintenance
Section 73-7-28 - [Petition in foreclosure proceedings.]

Such foreclosure proceedings shall be by petition in equity as an action in rem filed by or in the name of the drainage district, and such petition shall aver the nonpayment of assessments or installments thereof and/or interest thereon with a description of the tracts or parcels of land upon which a lien or liens is claimed, the names of the owners and the amount of the delinquencies against the respective lands, indicating the amount of each such assessment, installment and/or interest then due, as to each tract or parcel of land, and shall pray for a judgment against each of said tracts or parcels of land and the foreclosure of the lien against the same by sale thereof. Any number of tracts or parcels of land upon which assessments, installments and/or interest may be claimed as a lien, may be included in the same petition. No error or insufficiency in said petition not going to the justice of the lien sought to be foreclosed shall invalidate the proceedings; and said petition may be amended at any time prior to entering of decree as equity shall require.
History: Laws 1927, ch. 131, § 4; C.S. 1929, § 40-404; 1941 Comp., § 77-1928; 1953 Comp., § 75-20-28.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 73 - Special Districts

Article 7 - Drainage Districts; Construction, Operation and Maintenance

Section 73-7-1 - [Commissioners; engineers; surveys; plans; report.]

Section 73-7-2 - [Commissioners; power over plans.]

Section 73-7-3 - [Change of boundaries.]

Section 73-7-4 - [Report; notice of hearing.]

Section 73-7-5 - [Publication of report; notice; service of.]

Section 73-7-6 - [Report; notice; land in several counties.]

Section 73-7-7 - [Report; notice; personal service.]

Section 73-7-8 - [Report; how modified.]

Section 73-7-9 - [Report; assessments; confirmation; appeal.]

Section 73-7-10 - [Report; confirmation; modification.]

Section 73-7-11 - [Commissioners; supplemental report; amendments.]

Section 73-7-12 - [Petition; dismissal; costs.]

Section 73-7-13 - [Petitioners; liability of.]

Section 73-7-14 - [Assessments; how paid.]

Section 73-7-15 - [Assessments; when payable.]

Section 73-7-16 - [Assessments for repairs; when payable; commissioners annual report.]

Section 73-7-17 - [Annual assessment.]

Section 73-7-18 - [Commissioners; powers; right of entry on lands.]

Section 73-7-19 - [Rights-of-way; eminent domain.]

Section 73-7-20 - [Drains across railroads; construction.]

Section 73-7-21 - [Additional assessments; how made.]

Section 73-7-22 - [Omissions not jurisdictional.]

Section 73-7-23 - [Assessments; contents of; presumption.]

Section 73-7-24 - [Additional levy to cover void assessments.]

Section 73-7-25 - [Due date of assessments fixed by court order; collection; lien on lands.]

Section 73-7-26 - [Assessments certified as delinquent entered on tax roll; collection.]

Section 73-7-27 - [Foreclosure proceedings for collection of delinquent assessments.]

Section 73-7-28 - [Petition in foreclosure proceedings.]

Section 73-7-29 - [Notice; publication; mailing; form.]

Section 73-7-30 - [Trial; equity procedure; costs and fees; time of payment of judgment.]

Section 73-7-31 - [Sale of lands for delinquent assessments; transfer of title; redemption; commissioners as purchasers; disposition of receipts.]

Section 73-7-32 - [Proceedings brought by bondholders; liability for costs and fees.]

Section 73-7-33 - [Disposition of unsold lands.]

Section 73-7-34 - Lands worth less than accumulated taxes and assessments; sale for best obtainable price; redemption; disposition of proceeds.

Section 73-7-35 - [Lands sold at general tax sale; assignment of certificate to district for payment of taxes.]

Section 73-7-36 - [Lands eliminated from drainage districts; private sale for best obtainable price; disposition of proceeds.]

Section 73-7-37 - Commissioners may borrow money; notes and bonds; sale.

Section 73-7-38 - [Refunding indebtedness.]

Section 73-7-39 - [Authority to refund indebtedness of any kind; borrowing money; issuance of new bonds and notes.]

Section 73-7-40 - [Letting contracts; bids; notice.]

Section 73-7-41 - [Commissioners not to be interested in contracts.]

Section 73-7-42 - [Damages; how paid.]

Section 73-7-43 - [Outside lands; when included.]

Section 73-7-44 - [Outside lands; notice to owners.]

Section 73-7-45 - [Outside lands; remonstrance; hearing.]

Section 73-7-46 - [Outside lands; when annexed.]

Section 73-7-47 - [Outside lands; appeal.]

Section 73-7-48 - [Annexed lands; assessments.]

Section 73-7-49 - [Annexed lands; assessments; notice; hearing.]

Section 73-7-50 - [Courts to supervise commissioners; powers.]

Section 73-7-51 - [Bonds and obligations.]

Section 73-7-52 - [Commissioners are public officers; presumptions.]

Section 73-7-53 - [Owners of land; rights to use of drains; eminent domain.]

Section 73-7-54 - [Assessments; confirmation conclusive of regularity.]

Section 73-7-55 - [Obstruction of drains; bridges.]

Section 73-7-56 - Rights-of-way; eminent domain by individuals; eminent domain for construction.