Upon the filing of said report, the court shall make and enter an order fixing the time and place when and where all persons interested may appear and remonstrate against the confirmations thereof, and the clerk of said court shall cause notice of the time and place of such hearing to be given to all parties interested, which notice shall contain a brief description of the lands benefited and damaged, together with the net damage awarded to the several tracts, parcels, easements and corporations to which damages are awarded and the sum in each case assessed for construction against said several benefited parcels, tracts, easements and corporations.
History: Laws 1912, ch. 84, § 42; Code 1915, § 1918; C.S. 1929, § 40-148; 1941 Comp., § 77-1904; 1953 Comp., § 75-20-4.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For service of process, see Rule 1-004 NMRA.
For notice of hearings in the district court, see Rules 1-005, 1-005.1 and 1-005.2 NMRA.
Not proper for delinquent landowner to change basis of assessment. — Where a report discloses that the basis of an assessment is the benefits to be derived to each tract of land, a landowner cannot, in defending collection of interest due upon the assessment, urge that the amount assessed against a given tract exceeds the sum actually expended thereon, since that would change the basis of the assessment. State ex rel. Hagerman Drainage Dist. v. Stanley, 1923-NMSC-025, 28 N.M. 420, 213 P. 770.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 C.J.S. Drains § 40.
Structure 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 73-7-32 - [Proceedings brought by bondholders; liability for costs and fees.]
Section 73-7-33 - [Disposition of unsold lands.]
Section 73-7-37 - Commissioners may borrow money; notes and bonds; sale.
Section 73-7-38 - [Refunding indebtedness.]
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.