Said notice shall be published for at least three successive weeks, prior to the day set for the hearing in one newspaper published in each county in which said lands, or any part thereof within said district are situated (and if no newspaper is published in said county, in some newspaper of general circulation in the district), and by serving a copy of such notice on each of the persons, or corporations, by said report recommended to be assessed, or whose lands are by said report recommended to be included in said district, and who reside in any of the counties out of which the proposed district is formed, at least 20 days before the day of hearing in the same manner that a summons is required to be served, provided, absence from the county of such person or corporation shall excuse personal service, whereupon due publication of such notice shall be sufficient service.
History: Laws 1912, ch. 84, § 43; Code 1915, § 1919; C.S. 1929, § 40-149; 1941 Comp., § 77-1905; 1953 Comp., § 75-20-5.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For service of summons in the district court, see Rule 1-004 NMRA and commentary.
For provisions as to publication of notice, see 14-11-1 to 14-11-13 NMSA 1978.
For manner of service of summons, see Rule 1-004 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts §§ 6, 10, 12, 13, 14, 19.
28 C.J.S. Drains § 10 et seq.
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.