A. Any person whose land is included in or would be affected by the creation of a noxious weed control district, may upon the day set for the public hearing appear and contest the creation of the proposed district and may offer testimony to show whether or not the district is necessary or would be of benefit to the land included therein.
B. The board of county commissioners shall approve the petition if, after a public hearing, it finds that the creation of the district would be a public benefit and that a substantial portion of the lands within the proposed district would be benefited by its creation. If the board of county commissioners finds that any lands included within the proposed district would not be benefited by its creation it shall exclude the lands and redefine the boundaries of the district accordingly. If the board of county commissioners should find that the proposed district would not be a public benefit, or of benefit to a substantial portion of the land sought to be included therein, it shall refuse the petition.
History: 1953 Comp., § 45-10-7, enacted by Laws 1959, ch. 243, § 6.
Structure New Mexico Statutes
Article 7 - Noxious Weed Control
Section 76-7-3 - Noxious weed control districts; territorial limitations.
Section 76-7-4 - Petition for organization of noxious weed control district.
Section 76-7-5 - Notice of public hearing.
Section 76-7-6 - Public hearing upon petition; consideration by county commissioners.
Section 76-7-7 - Order and notice of district election.
Section 76-7-8 - Qualified voters in district elections.
Section 76-7-9 - County commissioners to furnish ballots; voting by mail permitted.
Section 76-7-10 - Form of ballots.
Section 76-7-11 - Conduct of election; declaration of results.
Section 76-7-12 - District governing body.
Section 76-7-13 - Powers of district governing body.
Section 76-7-14 - Rules and regulations of district; penalty.
Section 76-7-16 - Levy of uniform assessments; assessor; collector; annual financial report.
Section 76-7-17 - Enforcement of assessments.
Section 76-7-18 - District expenses; employees.
Section 76-7-19 - Addition or exclusion of lands of district.
Section 76-7-20 - Petition to dissolve district; notice of election; conduct of election.
Section 76-7-21 - Results of election to dissolve noxious weed control district.
Section 76-7-22 - Termination of the affairs of the district.
Section 76-7-23 - Short title.
Section 76-7-24 - Definitions.
Section 76-7-25 - Administration and enforcement.
Section 76-7-26 - Inspections.
Section 76-7-27 - Declaration of certain weed seeds as noxious.
Section 76-7-28 - Unlawful actions.