New Mexico Statutes
Article 7 - Drainage Districts; Construction, Operation and Maintenance
Section 73-7-34 - Lands worth less than accumulated taxes and assessments; sale for best obtainable price; redemption; disposition of proceeds.

If it shall appear at any time that any tract or parcel of land covered by a certificate of sale held by any county acquired by it at general tax sale for taxes and/or drainage assessments cannot be sold for the amount of the accumulated taxes and assessments against the same, an action may be instituted upon petition to the district court by such district to inquire as to the value of such lands, and a copy of such petition shall be served upon the property tax division of the taxation and revenue department and upon the collector and treasurer of the county in which such lands are situated. If it shall appear upon the hearing of such petition that the lands cannot be sold for the amount of all accumulated general taxes and assessments against such lands, then the court shall order such lands sold as the court may direct at public sale after four weeks' notice by publication, for the best price obtainable, free and clear of all such taxes and assessments, but the owner or anyone interested in the title may redeem from such sale as provided in Section 73-7-31 NMSA 1978. The proceeds of such sale shall be divided pro rata between the county treasurer and the treasurer of said district in discharge of such taxes and assessments.
History: Laws 1927, ch. 131, § 10; C.S. 1929, § 40-410; 1941 Comp., § 77-1934; 1953 Comp., § 75-20-34; Laws 1977, ch. 249, § 65.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For provisions on publication of notice, see Chapter 14, Article 11 NMSA 1978.
The 1977 amendment substituted "property tax division of the taxation and revenue department" for "state tax commission" near the end of the first sentence and the specific statutory reference for "section 7 of this act" at the end of the second sentence.

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.