reglab/housing_qa huggingface dataset:
NM Stat § 73-7-12 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-12 - [Petition; dismissal; costs.]

In case the petition or proceedings are dismissed as provided in Section 73-6-39 NMSA 1978, a judgment shall be entered against the petitioners and in favor of the commissioners for the costs, expenses and liabilities incurred in said proceedings, and for the benefit of those who have rendered services or advanced money in the prosecution of said proceedings, or have recovered costs on successful contests therein. History: Laws 1912, ch. 84, § 50; Code 1915, § 1926; C.S. 1929, § 40-156; 1941 Comp., § 77-1912; 1953 Comp., § 75-20-12. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For costs, see Rule 1-054 NMRA.
NM Stat § 73-7-13 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-13 - [Petitioners; liability of.]

All petitioners shall, among themselves, contribute in the payment of said judgment, in proportion to the number of acres of land they have within the boundaries of the proposed district. History: Laws 1912, ch. 84, § 51; Code 1915, § 1927; C.S. 1929, § 40-157; 1941 Comp., § 77-1913; 1953 Comp., § 75-20-13. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-7-14 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-14 - [Assessments; how paid.]

At the time of confirmation of such assessments, it shall be competent for the court to order the assessments for cost of construction, to be paid in not more than fifteen installments of such amounts and at such times as will be convenient for the accomplishment of the proposed work, or for the payment of the principal and interest of such notes or bonds of said district as the court shall grant authority to issue, for the cost of construction. The court may also, by such order, fix a date on which the first installment of the assessments for cost of construction shall become due, not more than five years after the date of the order, and each of said installments shall draw interest at the rate of not to exceed eight percent per annum from the date of said order. History: Laws 1912, ch. 84, § 52; Code 1915, § 1928; C.S. 1929, § 40-158; 1941 Comp., § 77-1914; 1953 Comp., § 75-20-14. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 47. 28 C.J.S. Drains § 117; 94 C.J.S. Waters §§ 333, 343.
NM Stat § 73-7-15 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-15 - [Assessments; when payable.]

Unless otherwise provided by said order, such assessment shall be payable at once; and from the time of the entry of said order, assessments for cost of construction and interest thereon, shall be a lien upon the lands assessed until paid. Any owner of land, or any corporation assessed for cost of construction, may at any time within thirty days after the confirmation of said report, pay into court, the amount of the assessment against his land or any tract thereof, or against any such corporation. Said payment shall relieve said lands from the lien of said assessment, and said corporation from all liability on said assessment. History: Laws 1912, ch. 84, § 53; Code 1915, § 1929; C.S. 1929, § 40-159; 1941 Comp., § 77-1915; 1953 Comp., § 75-20-15. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Complaining parties must avail themselves of statutory proceedings. See same catchline in notes to 73-7-1 NMSA 1978. No tax receipt until drainage assessment paid. — While it is permissible to allow taxpayer to pay state and county taxes without paying water or drainage tax, treasurer may not give a tax receipt until the latter assessments have been paid. 1926 Op. Att'y Gen. No. 26-3884. Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 C.J.S. Drains § 116; 94 C.J.S. Waters §§ 333, 343.
NM Stat § 73-7-16 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-16 - [Assessments for repairs; when payable; commissioners annual report.]

Assessments for keeping any drain, ditch, levee or other work in repair under these provisions, shall be due and payable on the first Tuesday of September annually. Commissioners having charge of any completed drain, ditch or other work shall, on the first Tuesday of June in each year, file with the clerk of the court having jurisdiction, a report in which they shall specify in detail the labor necessary to the preservation and protection of the work under their control, the places where repairs are specially needed and the sum to be assessed against each tract, lot, easement or corporation to pay all necessary repairs. All such assessments shall be apportioned on the last assessments of benefits confirmed by the court. History: Laws 1912, ch. 84, § 54; Code 1915, § 1930; C.S. 1929, § 40-160; 1941 Comp., § 77-1916; 1953 Comp., § 75-20-16. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 C.J.S. Drains § 117; 94 C.J.S. Waters §§ 333, 343.
NM Stat § 73-7-17 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-17 - [Annual assessment.]

Within thirty days after filing such annual report, at a time and place to be fixed by the court, or presiding judge, the court or presiding judge shall examine said report, hear all objections to the same, fix and determine the amount of such assessments and cause such adjudication to be entered of record in said court, and a certified copy of the same to be delivered to said commissioners. History: Laws 1912, ch. 84, § 55; Code 1915, § 1931; C.S. 1929, § 40-161; 1941 Comp., § 77-1917; 1953 Comp., § 75-20-17. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Decree final. — A decree of court confirming the report of the commissioners and the assessment is final and not open to collateral attack. Lake Arthur Drainage Dist. v. Board of Comm'rs, 1924-NMSC-002, 29 N.M. 219, 222 P. 389. Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drainage and Drainage Districts § 44 et seq.
NM Stat § 73-7-18 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-18 - [Commissioners; powers; right of entry on lands.]

The commissioners from the time of their appointment may go upon the lands lying within said district for the purpose of examining the same, and making plans, plats and surveys, and after the organization of said district, and payment or tender of compensation allowed, may go upon said lands, with their servants, teams, tools, instruments or other equipments [equipment], for the purpose of constructing such proposed work, and may forever thereafter enter upon said lands as aforesaid, for the purpose of maintaining or repairing such proposed work, doing no more damage than the necessity of the occasion may require; and any person or persons, who shall willfully prevent or prohibit any of such persons from entering such lands for the purposes aforesaid, shall be fined any sums not exceeding $25.00 per day for each day's hindrance to be recovered in an action of debt in favor of such drainage district, which sum shall be paid into the treasury for the use of said district. History: Laws 1912, ch. 84, § 57; Code 1915, § 1933; C.S. 1929, § 40-162; 1941 Comp., § 77-1918; 1953 Comp., § 75-20-18. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For constitutional provision regarding disposition of fines and forfeitures which may supersede this section, see N.M. Const., art. XII, § 4.
NM Stat § 73-7-19 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-19 - [Rights-of-way; eminent domain.]

Where a drainage district has no sufficient outlet within its borders it is hereby provided that said district shall have the right to condemn right-of-way across the necessary lands to reach an outlet, the damages, if any, to the owners of lands through which the right-of-way is procured to be agreed upon by said owner and the commissioners of such district or if they cannot agree upon damages, the said drainage commissioners, shall proceed in the name of such drainage district to condemn such right-of-way which shall be so located so as to do the least damage to private or public property consistent with the proper use and economical construction of such outlet. Such land and right-of-way shall be acquired in the manner provided by law for the condemnation and taking of private property in New Mexico, for railroad, telegraph, telephone and other public uses and purposes. History: Laws 1912, ch. 84, § 58; Code 1915, § 1934; C.S. 1929, § 40-163; 1941 Comp., § 77-1919; 1953 Comp., § 75-20-19. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For general eminent domain provision for drainage rights-of-way, see 73-7-56 NMSA 1978. For general provisions on taking private property for public uses, see Chapter 42A NMSA 1978. Canal owners could not prevent diversion of ditch water from canal. — Where drainage ditch emptied into a canal and the commissioners of the district sought by condemnation to acquire a right-of-way across the canal so that they might sell the water beyond, the owners of the canal, having no interest in the water, had no right to an injunction enjoining the commissioners from diverting the water which had been flowing into the canal from the ditch. Hagerman Irrigation Co. v. East Grand Plains Drainage Dist., 1920-NMSC-008, 25 N.M. 649, 187 P. 555. Am. Jur. 2d, A.L.R. and C.J.S. references. — 29A C.J.S. Eminent Domain § 44.
NM Stat § 73-7-20 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-20 - [Drains across railroads; construction.]

Upon receiving a thirty days' notice from the commissioners in writing, which notice shall be accompanied by the plans and specifications, of the size and character of such ditch or drain, any railway company, over whose right-of-way or yard such drain or ditch shall be laid out, may perform the work of constructing such ditch or drain across its said right-of-way according to such plans or specifications so furnished, and such railway so constructing such ditch or drain shall receive fair compensation therefor to be allowed by the commissioners of such drainage district and approved by the court; provided, that such railway company may be assessed for benefits derived from such drainage in the same manner and to the same extent as other landowners benefited in the immediate vicinity thereof, are assessed. If such railway company shall fail to commence and proceed with the construction of such ditch or drain as in this section provided, after the notice as herein provided, the commissioners may at any time after the expiration of said thirty days open or cause to be opened such right-of-way or yard along the line of such ditch or drain and construct the same in like manner as such ditch or drain is constructed through the property of individuals, provided, that such construction shall be carried on in such manner as will not interfere with the operation of said railway. History: Laws 1912, ch. 84, § 59; Code 1915, § 1935; C.S. 1929, § 40-164; 1941 Comp., § 77-1920; 1953 Comp., § 75-20-20. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts § 30; 45 Am. Jur. 2d Irrigation § 43. Construction of statutes requiring railroads to provide for the drainage or flow of waters, 19 A.L.R.2d 967. 74 C.J.S. Railroads § 186; 94 C.J.S. Waters § 333.
NM Stat § 73-7-21 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-21 - [Additional assessments; how made.]

If in the first assessment for construction the commissioners shall have reported to the court a smaller sum than is needed to complete the work of construction, or if in any year an additional sum is necessary to pay the interest on lawful indebtedness of said drainage district, further or additional assessments on the land and corporations benefited, apportioned upon the last assessment of benefit which has been approved by the court, shall be made by the commissioners of said drainage district under the order of the court or presiding judge thereof without notice, which further or additional assessment may be made payable in installments as specified in Section 73-7-15 NMSA 1978, and shall be treated and collected in the same manner as the original assessments for construction confirmed by the court in said drainage district. History: Laws 1912, ch. 84, § 60; Code 1915, § 1936; C.S. 1929, § 40-165; 1941 Comp., § 77-1921; 1953 Comp., § 75-20-21. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Interest payable on bonds and coupons after maturity. — Legislature intended that drainage districts should pay interest on their bonds and coupons after maturity. Roswell Drainage Dist. v. Parker, 53 F.2d 793 (10th Cir. 1931). Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts §§ 38, 44. Necessity that additional assessment in proceeding to establish drain precede incurring of liability in excess of original assessment, 63 A.L.R. 1179. 28 C.J.S. Drains §§ 114, 115.
NM Stat § 73-7-22 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-22 - [Omissions not jurisdictional.]

Omission to assess benefits, or to assess for cost of construction, or to make additional assessments, or to make assessment for repairs against, or to award damages to any one or more tracts of land or easements in a drainage district, or to assess benefits, or to assess for cost of construction, or to assess for repairs or to make additional assessments against any corporation which should have been assessed, shall neither affect the jurisdiction of the court to confirm any report nor to render the benefits assessed, or the assessments for cost of construction, or additional assessments or assessments for repairs against other lands, or assessments against any corporation voidable, but the commissioners of said drainage district shall thereafter, as soon as they discover the omission, or receive notice thereof, either agree with the omitted parties upon the proper assessments or damages or make such assessments against the omitted lands and corporations, and award such damages as shall be just, and report the fact, together with such assessments and awards, to the court. History: Laws 1912, ch. 84, § 61; Code 1915, § 1937; C.S. 1929, § 40-166; 1941 Comp., § 77-1922; 1953 Comp., § 75-20-22. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 C.J.S. Drains § 90 et seq.
NM Stat § 73-7-23 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-23 - [Assessments; contents of; presumption.]

Any owner of land, or any interest in land, within a drainage district, who claims that his land in said district is exempt from liability for, or lien of any assessment for cost of construction or repairs, or any additional assessment by said commissioners levied against the same whether said assessments be the first or any subsequent assessment or questions the legality of such assessment, may at any time within thirty days after such assessment shall have been made and on ten days' notice to such drainage commissioners appear before the court having jurisdiction and show cause why said land should not be bound by all drainage assessments in any report or reports of the commissioners of said district assessed against the same. The presumption shall be in favor of the regularity of such assessments, and they shall stand as valid assessments unless the owner of such land, or some interest therein shall show that said assessment is inequitable, or is void because the lands were not subject to assessment in the first instance. History: Laws 1912, ch. 84, § 62; Code 1915, § 1938; C.S. 1929, § 40-167; 1941 Comp., § 77-1923; 1953 Comp., § 75-20-23. ANNOTATIONSComplainant must follow statutory procedures. — Complaint to exonerate land from lien of drainage assessment on alleged ground that drain constructed was not that designated in survey was demurrable for failure to show that plaintiff availed himself of opportunities afforded by the drainage statute to protect his interests in the drainage proceeding. Strickland v. Elliott, 1921-NMSC-056, 27 N.M. 238, 199 P. 1016. Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts § 44 et seq. Loss of right to contest assessment in drainage proceedings by waiver, estoppel or the like, 9 A.L.R. 842. Exemption of religious body or society from tax as exempting it from special assessment for drain, 17 A.L.R. 1060, 168 A.L.R. 1222. Remedy provided by statute or ordinance, failure of property owner to avail himself of, as precluding attack based on improper inclusion of property in, or exclusion of property from, assessment, 100 A.L.R. 1296. 28 C.J.S. Drains § 102.
NM Stat § 73-7-24 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-24 - [Additional levy to cover void assessments.]

In the case the court decides that such lands should not, at the time said assessments were made be assessed for drainage purposes, and that said assessment or assessments, are void, the commissioner may levy an additional assessment on all of the assessable land and corporations in said district based on the last assessment of benefits approved by the court, to realize the sum lost to the district by reasons of the void assessment. History: Laws 1912, ch. 84, § 63; Code 1915, § 1939; C.S. 1929, § 40-168; 1941 Comp., § 77-1924; 1953 Comp., § 75-20-24. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters §§ 334, 335.
NM Stat § 73-7-25 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-25 - [Due date of assessments fixed by court order; collection; lien on lands.]

All drainage assessments and installments thereof with interest thereon heretofore or hereafter confirmed and made payable under and pursuant to the provisions of Sections 73-6-1 to 73-6-17, 73-6-25 to 73-6-44, 73-7-1 to 73-7-24, 73-7-37, 73-7-38, 73-7-40 to 73-7-56 NMSA 1978, shall be paid at the time and to the official as fixed by the order of the court which confirmed such assessments, and the collection and enforcement thereof shall be made by the drainage commissioners, their officers, agents and attorneys, but subject to and in accordance with the provisions of this act [73-7-25 to 73-7-35 NMSA 1978]. If such assessments against lands, or any installments thereof, with interest thereon, are not paid within thirty days from the date when due, such assessments shall thereafter bear interest at the rate of one percent per month on the amount then due. All drainage assessments and installments thereof with the interest thereon shall be a lien upon the lands assessed until paid or satisfied under the provisions of this act, and such lien shall not be affected by any sale of said lands for state and county taxes. History: Laws 1927, ch. 131, § 1; C.S. 1929, § 40-401; 1941 Comp., § 77-1925; 1953 Comp., § 75-20-25. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — "This act" refers to Laws 1927, ch. 131, § 1 to 11, now compiled as 73-7-25 to 73-7-35 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Superiority of special or local assessment lien for drains over earlier private lien or mortgage, where statute creating such special lien is silent as to superiority, 75 A.L.R.2d 1121. 94 C.J.S. Waters §§ 321, 343.
NM Stat § 73-7-26 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-26 - [Assessments certified as delinquent entered on tax roll; collection.]

Drainage commissioners may at any time certify any such delinquent assessments, installments and/or interest to be due and unpaid, indicating the amount of each such assessment, installment and/or interest then due, as to each tract or parcel of land, to the official whose duty it is to collect general state and county taxes, of any county in which any delinquent lands are situated, and such official shall enter the same in the tax roll of such county next thereafter to be made against the lands so certified as delinquent, but in a separate column thereof, and the same shall be collected in the same manner in which state, county and town taxes are collected, except only that personal property, and all lands other than those against which the assessment shall have been made, shall not be liable to seizure and sale therefor; and except further that if any of said lands be not sold at general tax sale for the full amount of all taxes, including drainage assessments, then contained on the tax roll of the county, or if, prior to such general tax sale, the drainage commissioners shall elect to recall their certificate of delinquencies by notice to the county official receiving the same, then and in either such event such lands may be certified back to the drainage commissioners upon their demand as unsold without prejudice to any future action for the collection and enforcement and without prejudice to the lien of such assessments, installments and interest upon said lands by reason thereof. History: Laws 1927, ch. 131, § 2; C.S. 1929, § 40-402; 1941 Comp., § 77-1926; 1953 Comp., § 75-20-26. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Specific assessment not a tax. — Specific assessment on property for improvements, based upon benefits, the cost of which is assessed against the property, is not a tax within the sense of N.M. Const., art. VIII, § 3, which exempts from taxation property of state. Lake Arthur Drainage Dist. v. Field, 1921-NMSC-043, 27 N.M. 183, 199 P. 112. Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 C.J.S. Drains § 96 et seq.; 94 C.J.S. Waters § 337.