reglab/housing_qa huggingface dataset:
NM Stat § 72-18-2 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 18 - Flood Control Districts|Section 72-18-2 - Legislative declaration.

It is hereby declared as a matter of legislative determination that: A. the organization of the districts authorized to be created pursuant to the Flood Control District Act having the purposes, powers, duties, privileges, immunities, rights, liabilities and disabilities provided in that act will serve a public use and public purpose and will promote the health, safety, prosperity, security and general welfare of the inhabitants of the districts and of the state; B. the acquisition, improvement, equipment, maintenance and operation of any project authorized in the Flood Control District Act is in the public interest and constitutes a part of the established and permanent policy of the state; and C. any district authorized by the Flood Control District Act to be organized shall be a political subdivision of the state. History: Laws 1981, ch. 377, § 2.
NM Stat § 72-18-4 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 18 - Flood Control Districts|Section 72-18-4 - Organization of district; jurisdiction.

The district court for any county in the state may establish districts which may be entirely within or partly within and partly without the county in which the court is located; provided, any parts or parcel of the district lying in two or more counties shall be contiguous with one another. History: Laws 1981, ch. 377, § 4.
NM Stat § 72-18-5 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 18 - Flood Control Districts|Section 72-18-5 - Petition.

A. The organization of a district shall be initiated by a petition filed in the office of the clerk of the district court in a county in which all or a part of the real property in the proposed district is located. The petition shall be signed by qualified electors of the proposed district numbering not less than ten percent of those voting in the preceding general election in the state in voting precincts partially or wholly included in the area of the proposed district. The petition and all other instruments relating to the formation of the district shall be filed with the county clerk of the county in which there is the court that accepted the petition. Any municipality or county in which all or a portion of the proposed district is located may, upon proper action of its governing body alone, file the petition required by this section.B. The petition shall set forth:(1) the name of the proposed district, consisting of a chosen name preceding the words "flood control district";(2) a general description of the facilities to be acquired or improved within and for the district;(3) a general description of the boundaries of the district, with such certainty as to enable a property owner to determine whether the owner's property is within the proposed district; and(4) a prayer for the organization of the district.C. No petition with the requisite number of valid signatures shall be declared void on account of alleged defects, but the court may at any time permit the petition to be amended to conform to the facts by correcting any errors in the description of the territory or in any other particular. Similar petitions or duplicate copies of the same petition for the organization of the same district may be filed and shall together be regarded as one petition. All petitions filed before the hearing on the first petition filed shall be considered by the court the same as though filed with the first petition. History: Laws 1981, ch. 377, § 5; 2019, ch. 212, § 239. ANNOTATIONSThe 2019 amendment, effective April 3, 2019; in Subsection A, after "qualified", deleted "registered".
NM Stat § 72-18-6 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 18 - Flood Control Districts|Section 72-18-6 - Bond of petitioners.

At the time of filing the petition, or at any later time before the time of the hearing on the petition, a bond shall be filed with security approved by the court sufficient to pay all the expenses connected with the proceedings in case the organization of the district is not effected. If at any time during the proceeding the court is satisfied that the bond first executed is not sufficient, it may require the execution of an additional bond within a time to be fixed, which shall not be less than ten days from the date of the order. Upon failure of the petitioners to execute the additional bond, the petition shall be dismissed. History: Laws 1981, ch. 377, § 6.
NM Stat § 72-18-7 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 18 - Flood Control Districts|Section 72-18-7 - Notice of hearing on petition.

A. Immediately after the filing of the petition, the court shall by order fix a place and time for hearing not less than sixty days after the petition is filed, and the clerk of the court shall cause notice by publication to be made of the pendency of the petition and of the time and place of the hearing. B. The notice shall state: (1) in what court the petition is filed; (2) a general description of the facilities to be acquired or improved within and for the district; (3) a general description of the boundaries of the proposed district, with such certainty as to enable a property owner to determine whether or not his property is within the proposed district; (4) the name proposed for the district; and (5) the time and place fixed by the court for the hearing on the petition. History: Laws 1981, ch. 377, § 7.
NM Stat § 72-18-8 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 18 - Flood Control Districts|Section 72-18-8 - Hearing.

A. Upon the hearing, if the court finds that no petition has been signed and presented in conformity with the Flood Control District Act or that the material facts are not as set forth in the petition filed, it shall dismiss the proceedings and adjudge the costs against the signers of the petition in the proportion as it deems just and equitable.B. Upon the hearing, if it appears that a valid petition for the organization of the district has been signed and presented in conformity with the requirements of the Flood Control District Act and that the allegations of the petition are true, the court shall order that the question of the organization of the district be submitted to the qualified electors of the proposed district at an election to be held for that purpose pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. History: Laws 1981, ch. 377, § 8; 2019, ch. 212, § 240. ANNOTATIONSThe 2019 amendment, effective April 3, 2019, required that an election on the question of the organization of a district be held pursuant to the Local Election Act; in Subsection B, after "held for that purpose.", deleted "The order shall designate one or more polling places within the district and for each polling place so designated shall appoint three qualified registered electors of the district as judges of the election and two qualified registered electors of the district as clerks of the election. The order shall also designate the clerk of the court or a qualified registered elector of the proposed district to receive applications for and to disburse and collect absentee ballots" and added "pursuant to the provisions of the Local Election Act".
NM Stat § 72-18-9 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 18 - Flood Control Districts|Section 72-18-9 - Nominations for initial board.

A nomination for director may be made by petition signed by not less than five qualified electors and filed with the district court having jurisdiction not less than ninety days before the date of the organizational election. Any petition so filed shall designate the name of each nominee and shall state that the petitioners and the nominee or nominees designated in the petition are qualified electors of the proposed district. No qualified elector shall nominate more than one person for director. The name of each nominee so designated shall appear on the organizational ballot. History: Laws 1981, ch. 377, § 9; 2019, ch. 212, § 241. ANNOTATIONSThe 2019 amendment, effective April 3, 2019, changed the timing for filing a petition nominating a director, and made certain technical amendments; after "not less than", deleted "twenty-five" and added "ninety", and deleted "registered" after each occurrence of "qualified" throughout the section.
NM Stat § 72-18-10 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 18 - Flood Control Districts|Section 72-18-10 - Organizational election.

A. At the election, the qualified electors may vote for or against the organization of the district and for up to five qualified electors of the district who shall constitute the board of directors of the district.B. If a majority of the votes cast at the election are in favor of the organization, the district court shall declare the district organized and give it a corporate name by which in all proceedings it shall thereafter be known and shall designate the first board of directors elected, and thereupon the district shall be a political subdivision of the state. The certificate shall be conclusively presumed correct as to the facts stated therein. History: Laws 1981, ch. 377, § 10; 2019, ch. 212, § 242.ANNOTATIONSThe 2019 amendment, effective April 3, 2019, revised the election procedures for an election on the organization of a flood control district; deleted former Subsection A and redesignated former Subsection B as Subsection A; in Subsection A, after each occurrence of "qualified", deleted "registered"; deleted Subsection C and added new subsection designation "B.".
NM Stat § 72-18-11 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 18 - Flood Control Districts|Section 72-18-11 - Filing decree.

Within thirty days after the district has been declared a corporation by the court, the clerk of the court shall file the certificate in the same manner as articles of incorporation are required to be filed under the general laws concerning corporations. History: Laws 1981, ch. 377, § 11.
NM Stat § 72-18-12 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 18 - Flood Control Districts|Section 72-18-12 - Board of directors; qualification; bond.

Whenever a district has been declared duly organized, the members of the board shall qualify by filing with the clerk of the court their oaths of office, and corporate surety bonds at the expense of the district in an amount not to exceed one thousand dollars ($1,000) each, the form to be fixed and approved by the court and conditioned for the faithful performance of their duties as directors. History: Laws 1981, ch. 377, § 12.
NM Stat § 72-18-13 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 18 - Flood Control Districts|Section 72-18-13 - Organization of board; initial terms of directors.

A. After taking oath and filing bonds, the board shall choose one of its members as chair of the board and shall choose a secretary and a treasurer of the board and of the district. The secretary and treasurer may be one person. B. The terms of the members of the initial board of directors shall be determined by lot at their organizational meeting. Two members shall serve an initial term of two years following organization of the district, two members shall serve an initial term of four years following organization of the district and one member shall serve an initial term of six years following organization of the district. History: Laws 1981, ch. 377, § 13; 2018, ch. 79, § 121. ANNOTATIONSThe 2018 amendment, effective July 1, 2018, provided the length of terms for members of the Flood Control District board, and made technical and conforming changes; in Subsection B, after "Two members shall serve", deleted "until January 1 following the first general election in the state" and added "an initial term of two years", after "two members shall serve", deleted "until January 1 following the second general election in the state" and added "an initial term of four years", and after "one member shall serve", deleted "until January 1 following the third general election in the state" and added "an initial term of six years".
NM Stat § 72-18-14 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 18 - Flood Control Districts|Section 72-18-14 - Election of directors.

Flood control district elections shall be held pursuant to the Local Election Act. At each local election after organization of the district, there shall be elected by the qualified electors of the district one or two members of the board to serve for a term of six years. Except for the initial board of directors and except for any director chosen to fill an unexpired term, the term of each director runs for six years. Each director shall serve until a successor has been duly chosen and qualified.History: Laws 1981, ch. 377, § 14; 2018, ch. 79, § 122; 2019, ch. 212, § 243. ANNOTATIONSThe 2019 amendment, effective April 3, 2019, after "qualified", deleted "registered".The 2018 amendment, effective July 1, 2018, provided that Flood Control District elections shall be held pursuant to the Local Election Act, and made technical and conforming changes; in the section heading, deleted "nominations", deleted subsection designation "A." and added "Flood control district elections shall be held pursuant to the Local Election Act.", after "the term of each director", deleted "commences on January 1 following the general election in the state and", and after "runs for six years", deleted "Each director, subject to such exceptions, shall serve a six-year term ending on January 1 next following a general election."; and deleted former Subsection B.
NM Stat § 72-18-15 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 18 - Flood Control Districts|Section 72-18-15 - Vacancies on the board.

Any vacancy on the board shall be filled by appointment by a majority of the remaining members of the board. The appointee shall serve until the next local election pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978] when the vacancy shall be filled by election. If the board fails to fill any vacancy within thirty days after it occurs, the court declaring the organization of the district shall fill the vacancy. History: Laws 1981, ch. 377, § 15; 2018, ch. 79, § 123. ANNOTATIONSThe 2018 amendment, effective July 1, 2018, provided that vacancies on the Flood Control District board shall be filled pursuant to the provisions of the Local Election Act; replaced "general" and added "local" preceding "election", and added "pursuant to the Local Election Act".
NM Stat § 72-18-16 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 18 - Flood Control Districts|Section 72-18-16 - Meetings of board.

All meetings of the board shall be held within the district. No business of the board shall be transacted except at a regular or special meeting at which at least three directors are present. Any action of the board requires the affirmative vote of a majority of the directors present and voting. History: Laws 1981, ch. 377, § 16.
NM Stat § 72-18-17 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 18 - Flood Control Districts|Section 72-18-17 - Compensation of directors.

Directors shall receive no compensation for their services as a director, officer, engineer, attorney, employee or other agent of the district. Directors may be reimbursed for expenses incurred by them on district business with approval of the board. History: Laws 1981, ch. 377, § 17.
NM Stat § 72-18-18 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 18 - Flood Control Districts|Section 72-18-18 - Interest in contracts and property disqualifications.

No director or officer, employee or agent of the district may be interested in any contract or transaction with the district except in his official representative capacity and except for any contract of employment with the district. History: Laws 1981, ch. 377, § 18.
NM Stat § 72-18-19 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 18 - Flood Control Districts|Section 72-18-19 - Board's administrative powers.

The board of the district may exercise the following administrative powers: A. fix the time and place at which its regular meetings will be held within the district and provide for the calling and holding of special meetings; B. adopt and amend or otherwise modify bylaws and rules for procedure; C. prescribe by resolution a system of business administration and create all necessary offices and establish and reestablish the powers, duties and compensation of all officers and employees; D. require and fix the amount of all official bonds necessary or desirable and convenient in the opinion of the board for the protection of the funds and property of the district, subject to the provisions of Section 12 [72-18-12 NMSA 1978] of the Flood Control District Act; E. prescribe a method of auditing and allowing or rejecting claims and demands; and F. make and pass resolutions and orders on behalf of the district pursuant to the provisions of the Flood Control District Act which are necessary or useful for the government and management of the affairs of the district, for the execution of the powers vested in the district and for carrying into effect the provisions of that act. History: Laws 1981, ch. 377, § 19.
NM Stat § 72-18-21 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 18 - Flood Control Districts|Section 72-18-21 - Levy and collection of taxes.

To levy and collect property taxes as provided in Section 20 [72-18-20 NMSA 1978] of the Flood Control District Act, the board shall determine each year the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district. The board shall fix a rate of levy, which, when levied upon every dollar of assessed valuation of taxable property within the district, together with other revenues, shall raise the amount required by the district annually to supply funds for paying expenses of organization and the costs of acquiring, improving, equipping, operating and maintaining any project or facility of the district, and promptly to pay in full, when due, all interest on and principal of bonds and other securities of the district. This tax shall be assessed and collected in the same manner, at the same time and with the same penalties as other property taxes. History: Laws 1981, ch. 377, § 21. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 52A C.J.S. Levees and Flood Control §§ 28 to 39.
NM Stat § 72-18-22 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 18 - Flood Control Districts|Section 72-18-22 - Reserve fund.

It shall be lawful for the board to assess benefit assessments and to collect revenue for the purpose of creating a reserve fund in such amount as the board may determine which may be used to meet the obligations of the district, for maintenance and operating charges and to provide improvements for the district. History: Laws 1981, ch. 377, § 22.
NM Stat § 72-18-23 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 18 - Flood Control Districts|Section 72-18-23 - Delinquent taxes.

If the property tax is not paid, then delinquent real property shall be sold at the regular tax sale for the payment of the tax, interest and penalties in the manner provided by law for selling property for the nonpayment of general taxes. The board may purchase in the name of the district any property which may be sold for delinquent taxes within the boundaries of the district and the board may take title to the lands in the name of the district and sell and convey the lands at a price not less than the tax, penalties and interest accrued thereon. Delinquent personal property shall be distrained and sold as provided by law. History: Laws 1981, ch. 377, § 23.
NM Stat § 72-18-24 (2021)
2021 New Mexico Statutes|Chapter 72 - Water Law|Article 18 - Flood Control Districts|Section 72-18-24 - Inclusion of additional property.

The boundaries of any district organized under the provisions of the Flood Control District Act may be changed in the manner prescribed in this section and Section 25 [72-18-25 NMSA 1978] of that act but the change of boundaries of the district shall not impair or affect its organization or its rights in or to property or any of its rights or privileges, nor shall it affect or impair or discharge any contract, obligation, lien or charge for or upon which it might be liable or chargeable had any such change of boundaries not been made. The owners of real property may file with the board a petition, in writing, praying that such real property be included in the district. The petition shall prescribe the property owned by the petitioners, and the petition shall be deemed to give assent of the petitioners to the inclusion in the district of the property described in the petition. The petition shall be acknowledged in the same manner that conveyances of land are required to be acknowledged. The secretary shall cause notice of filing of the petition to be given and published in the county in which the property or the major portion thereof is located, which notice shall state the filing of the petition, the names of the petitioners, descriptions of lands mentioned, the prayer of the petitioners and that all persons interested may appear at the office of the board at the time stated in the notice and show cause in writing why the petition should not be granted. The board shall, at the time and place mentioned or at such time or times at which the hearing may be adjourned, proceed to hear the petition and all objections presented in writing by any person showing cause why the petition should not be granted. The failure of any interested person to show cause in writing shall be deemed and held as an assent on his part to the inclusion of the lands in the district as prayed for in the petition. If the petition is granted, the board shall make an order to that effect and file it with the clerk of the court declaring the organization of the district, and upon order of the court the property shall be included in the district. History: Laws 1981, ch. 377, § 24.