Upon the filing of said petition for exclusion or upon the adoption of such resolution for exclusion by the board of directors, the secretary of said board shall cause notice of such petition, or resolution to be published, once, in some newspaper published in the county where the office of the board of directors is situated, and, if any portion of said district lies within another county or counties, then said notice shall be published in a newspaper published within each of said counties. Said notice shall state the filing of such petition or the adoption of such resolution, the description of the lands mentioned in said petition or resolution and which it is desired be excluded from such district and it shall notify all persons interested to appear at the office of said board at a time named in said notice and show cause in writing, if any they have, why said petition or resolution should not be finally granted or adopted. The time and place of hearing on said petition or resolution shall be at any regular or special meeting of said board of directors and at the established office and place of business of said board and shall be upon a date not earlier than five days after the publication of said notice. If said exclusion proceedings be initiated by the landowners by petitions, said petitioners shall advance to the secretary sufficient money to pay the estimated cost of all proceedings on such petition before the secretary shall be required to give such notice. A copy of said notice as published shall be by the secretary of said board mailed to each and all of the then owners of the tracts or parcels of lands proposed to be excluded from said district where said owners and their addresses are known, and in the event the owners of said lands or their addresses are not known, said notice shall be mailed and addressed to any last known owner of said parcel or parcels of land so proposed to be excluded and said notice shall be so mailed not later than five days prior to the date set for hearing.
History: Laws 1919, ch. 41, § 42; C.S. 1929, § 73-242; Laws 1935, ch. 36, § 5; 1941 Comp., § 77-2146; 1953 Comp., § 75-22-46.
Cross references. — For notice by publication, see 14-11-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 319.
Structure New Mexico Statutes
Chapter 73 - Special Districts
Article 9 - Irrigation Districts
Section 73-9-1 - Organizers' qualifications; exempt areas; exception.
Section 73-9-2 - [Voting power of water users under town or village community ditches.]
Section 73-9-5 - Irrigation district; notice; election; ballots.
Section 73-9-7 - First election; terms.
Section 73-9-8 - Second and subsequent elections.
Section 73-9-9 - Irrigation districts; transitional features for present boards.
Section 73-9-10 - [Location of office; secretary; notice of elections; election board.]
Section 73-9-11 - [Election board; chairman's powers; opening and closing polls; return.]
Section 73-9-12 - [Determining and declaring result of election; plurality elects.]
Section 73-9-13 - [Election statement and certificates; filling vacancy in office of director.]
Section 73-9-17 - Bonds; authority to issue; election; how payable; form and contents.
Section 73-9-18 - Sale; notice.
Section 73-9-19 - Bonds; how paid; liens.
Section 73-9-20 - Special proceedings to enforce collection.
Section 73-9-21 - President and secretary to compile bond statement.
Section 73-9-22 - Directors certify amounts needed; assessment; no funds to be transferred.
Section 73-9-23 - Board of directors to submit accurate description of lands to county assessor.
Section 73-9-24 - Tax assessments.
Section 73-9-25 - Creation of sinking fund.
Section 73-9-28 - Taxation; general laws applicable.
Section 73-9-30 - [Claims against district; verification; allowance; warrants; register; payment.]
Section 73-9-32 - [Crossings authorized; right-of-way over state lands granted.]
Section 73-9-34 - [Statutory authorization required for debts and liabilities.]
Section 73-9-35 - [Water volume insufficient; distribution.]
Section 73-9-36 - [Prior water rights protected.]
Section 73-9-37 - [Change of district boundaries; authorization; effect.]
Section 73-9-38 - [Petition for annexation of lands; who may file; contents; acknowledgment.]
Section 73-9-39 - [Notice of proposed annexation; contents; publication; costs.]
Section 73-9-40 - [Hearing on proposed annexation; written objections.]
Section 73-9-41 - [Petitioners required to pay sums determined by directors.]
Section 73-9-44 - Participation in proceedings for change of district boundaries.
Section 73-9-45 - [Redivision of district after annexation.]
Section 73-9-46 - [Exclusion of lands from district; authorization; effect.]
Section 73-9-47 - Petition or resolution for exclusion.
Section 73-9-48 - Petition or resolution for exclusion; notice; publication.
Section 73-9-49 - Petition or resolution for exclusion; hearing.
Section 73-9-50 - Petition or resolution for exclusion; hearing; order; protest.
Section 73-9-52 - [Redivision of district after exclusion.]
Section 73-9-54 - [Determining and declaring result of election; recording certificate.]
Section 73-9-55 - Bond issue; proceedings to determine validity.
Section 73-9-56 - Bond issue; petition for proceedings to determine validity.
Section 73-9-57 - Proceedings to determine validity of bonds; notice of hearing.
Section 73-9-58 - Determining validity of bonds; procedure.
Section 73-9-59 - Determining validity of bonds; hearing; decree; costs.