Any person, firm, corporation or association may exercise the right of eminent domain to take and acquire property and [a] right-of-way for the construction, maintenance and operation of a drainage ditch, which shall be located as to do the least damage to private property consistent with its proper use and construction, such property and right-of-way shall be acquired in the manner provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978].
History: Laws 1912, ch. 84, § 82; Code 1915, § 1958; C.S. 1929, § 40-187; 1941 Comp., § 77-1956; 1953 Comp., § 75-20-56; Laws 1981, ch. 125, § 57.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
The 1981 amendment revised the section heading, substituted "property and" for "land" following "acquire" near the beginning of the section, substituted "property" for "land" following "such" near the end of the section and substituted "the Eminent Domain Code" for "law for the condemnation and taking of private property in the state of New Mexico for railroads, telegraph and telephone and other public uses and purposes" at the end of the section.
Section is limited in its application to such persons as have been assessed for the cost of construction of works of a drainage district and does not violate N.M. Const., art. IV, § 16, which prohibits more than one subject to be embraced in a bill. In re Dexter-Greenfield Drainage Dist., 1915-NMSC-097, 21 N.M. 286, 154 P. 382.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts § 5.
Right of owner of land not originally taken or purchased as part of adjacent project to recover, on enlargement of project to include adjacent land, enhanced value of property by reason of proximity to original land, 95 A.L.R.3d 752.
28 C.J.S. Drains §§ 56, 78.
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.