reglab/housing_qa huggingface dataset:
NM Stat § 73-6-35 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-35 - [Commissioners; hearing on report.]

Upon the filing of the preliminary report the court or the presiding judge thereof shall by order fix a time and place when and where the same shall be heard at some general or special term of said court, not less than thirty days from the filing of said report. Notice of the time and place of hearing upon said preliminary report shall be given to all interested persons by publishing a brief notice of the filing of said report, including a brief statement of the substance of said report in one or more newspapers published in each county in which any land in said proposed drainage district shall be situated (or if no newspaper is published in said county, in one or more newspapers of general circulation of the district) once in each week for three consecutive weeks prior to the day appointed for hearing thereon. Said notice shall describe all lands by said report included in said district, which were not included therein by the petition, and state that such lands are to be included in said district which were by the petition included therein and shall state that such lands are to be excluded from said district. History: Laws 1912, ch. 84, § 29; Code 1915, § 1905; C.S. 1929, § 40-135; 1941 Comp., § 77-1835; 1953 Comp., § 75-19-35. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For general provisions regarding publication of notice, see Chapter 14, Article 11 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts §§ 3, 4, 7, 10, 12, 22. 28 C.J.S. Drains § 41.
NM Stat § 73-6-36 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-36 - [Commissioners; report; hearing; adjournment.]

Upon the day fixed for hearing upon said report, said court may adjourn said hearing for good cause or may proceed to hear, try and determine all issues arising upon said report. History: Laws 1912, ch. 84, § 30; Code 1915, § 1906; C.S. 1929, § 40-136; 1941 Comp., § 77-1836; 1953 Comp., § 75-19-36. 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 § 41.
NM Stat § 73-6-37 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-37 - [Commissioners; report; remonstrance.]

Any interested party may appear and remonstrate against said report or any material part thereof. All remonstrances shall be in writing, be verified on oath, be filed at least five days before the day fixed for hearing and shall set forth the facts upon which they are based. History: Laws 1912, ch. 84, § 31; Code 1915, § 1907; C.S. 1929, § 40-137; 1941 Comp., § 77-1837; 1953 Comp., § 75-19-37. 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 § 40.
NM Stat § 73-6-38 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-38 - [Lands added to; notice to owners.]

When lands are added to the district the owners thereof shall be served with said notice as provided for serving of notice of hearing on the petition. History: Laws 1912, ch. 84, § 32; Code 1915, § 1908; C.S. 1929, § 40-138; 1941 Comp., § 77-1838; 1953 Comp., § 75-19-38. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For service of process in the district court, see 1-004 NMRA. For serving of notice of hearing on the petition, see 73-6-4 to 73-6-7 NMSA 1978.
NM Stat § 73-6-39 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-39 - [Commissioners report; trial; judgment; costs.]

All issues arising upon said preliminary report shall be tried by the court without a jury. If the court shall find in favor of the remonstrance, or if said report be that the proposed work will not promote the agricultural interests, or that the benefits from said proposed work will not exceed the damages and cost of construction, and no remonstrance against said report is filed, the petition shall be dismissed and the costs taxed against the petitioners, and judgment entered therefor, as in Section 73-7-12 NMSA 1978, hereinafter provided. History: Laws 1912, ch. 84, § 33; Code 1915, § 1909; C.S. 1929, § 40-139; 1941 Comp., § 77-1839; 1953 Comp., § 75-19-39. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-6-40 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-40 - [Commissioners report; trial; findings; confirmation.]

But if the preliminary report be that the benefits of said proposed work (or work by the commissioners proposed) will exceed the damages and the cost of construction and that the agricultural interests will be promoted thereby, and no remonstrance thereto is filed, or if on the trial of the issues made on said report the court finds that the benefits will exceed the damages and cost of construction, and that the agricultural interests will be promoted by said proposed work, the court shall make and file such findings in writing and make an order confirming said report or directing amendment of the report to conform to the findings of said court. And when so amended the court shall by order confirm the same and direct said commissioners to proceed with said work with all convenient speed. History: Laws 1912, ch. 84, § 34; Code 1915, § 1910; C.S. 1929, § 40-140; 1941 Comp., § 77-1840; 1953 Comp., § 75-19-40. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For findings and conclusions, see Rule 1-052 NMRA.
NM Stat § 73-6-41 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-41 - [Commissioners report; findings final; appeal to Supreme Court.]

Such findings and order shall be final and conclusive unless appealed from, to the supreme court within thirty days after filing thereof. History: Laws 1912, ch. 84, § 35; Code 1915, § 1911; C.S. 1929, § 40-141; 1941 Comp., § 77-1841; 1953 Comp., § 75-19-41. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For appeals to the Supreme Court, see Rule 12-201 NMRA. Right of appeal from findings as to required signatures. — This section gives the right of appeal to the supreme court from the findings of the district court in regard to the required signatures of the petition within thirty days after the same are filed, and consequently cuts off the right to further question such findings. In re Dexter-Greenfield Drainage Dist., 1915-NMSC-097, 21 N.M. 286, 154 P. 382.
NM Stat § 73-6-42 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-42 - [Name; boundaries; corporation; powers.]

Upon entering of such order of confirmation of said preliminary report of record, such drainage district shall be, and is thereby declared to be organized as a drainage district by the name mentioned in said petition, or such other name as the court shall fix, with the boundaries fixed by the order confirming the report of said commissioners, to be a body corporate by said name fixed in said order, with the right to sue and be sued, to adopt and use a seal and to have perpetual succession. History: Laws 1912, ch. 84, § 36; Code 1915, § 1912; C.S. 1929, § 40-142; 1941 Comp., § 77-1842; 1953 Comp., § 75-19-42. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Court does not organize corporation, but merely sits in judgment as a judicial tribunal to ascertain that certain required facts and conditions exist, the statute thereupon organizes the corporation. In re Dexter-Greenfield Drainage Dist., 1915-NMSC-097, 21 N.M. 286, 154 P. 382. Municipal corporation may be sued at law and equity. — Municipal corporation, having capacity to sue and be sued, may be sued both at law and in equity whenever a cause of action exists against it. Roswell Drainage Dist. v. Parker, 53 F.2d 793 (10th Cir. 1931). Satisfaction of judgment impossible. — Fact that creditor may not be able to obtain satisfaction of his judgment against municipal corporation does not affect his right to sue and obtain judgment. Roswell Drainage Dist. v. Parker, 53 F.2d 793 (10th Cir. 1931). Am. Jur. 2d, A.L.R. and C.J.S. references. — Personal injuries, liability of drainage district for, 33 A.L.R. 77. 28 C.J.S. Drains § 42 et seq.
NM Stat § 73-6-43 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-43 - [Commissioners; powers.]

The commissioners appointed as aforesaid and their successors in office shall from the entry of such order of confirmation, constitute the corporate authority of said drainage district, and shall exercise the functions conferred on them by law, and do all things and perform all acts necessary to the construction and preservation of the proposed work. History: Laws 1912, ch. 84, § 37; Code 1915, § 1913; C.S. 1929, § 40-143; 1941 Comp., § 77-1843; 1953 Comp., § 75-19-43. 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 § 9 et seq.
NM Stat § 73-6-44 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-44 - [Conditions precedent to formation of drainage district.]

All proceedings herein required, prior to the entry of such order of confirmation of record, shall be deemed to be and are hereby declared to be necessary to the formation of said body corporate. History: Laws 1912, ch. 84, § 38; Code 1915, § 1914; C.S. 1929, § 40-144; 1941 Comp., § 77-1844; 1953 Comp., § 75-19-44. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-7-2 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-2 - [Commissioners; power over plans.]

The commissioners shall not be confined to the points of commencement, routes or termini of the drains or ditches, or the number, extent or size of the same or the location, plan or extent of any drain, ditch or other work, as proposed by the petitioners, but shall locate, design, lay out and plan the same in such manner as to them shall seem best, to promote the agricultural interests and to drain, or to protect the lands of the parties interested with the least damage and the greatest benefit to all lands affected thereby. And any plan proposed by the commissioners, may on the application of any person interested, on the hearing hereinafter provided for, or on the application of the commissioners, be altered by the court, by written order, in such manner as shall appear to the court to be just. History: Laws 1912, ch. 84, § 40; Code 1915, § 1916; C.S. 1929, § 40-146; 1941 Comp., § 77-1902; 1953 Comp., § 75-20-2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-7-3 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-3 - [Change of boundaries.]

If the commissioners find that the proposed district as described in the petition filed, will not embrace all of the lands that will be benefited by the proposed work, or that it will include lands that will not be benefited and are not necessary to be included in said district for any purpose, they shall extend or contract the boundaries of the proposed district so as to include or exclude all such lands, as the case may be; and the boundaries adopted and reported by them, may, upon the hearing of their report, as hereinafter provided, upon their application, or that of any person interested, be altered by the court in such manner as shall appear to be just; provided, that the alteration of boundaries as aforesaid shall not have the effect of so far enlarging or contracting the proposed district as to render such petition void or dismissable. Said report shall be filed with the clerk of the court. History: Laws 1912, ch. 84, § 41; Code 1915, § 1917; C.S. 1929, § 40-147; 1941 Comp., § 77-1903; 1953 Comp., § 75-20-3. 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 § 40. 28 C.J.S. Drains §§ 10, 11; 94 C.J.S. Waters § 319(2), (3).
NM Stat § 73-7-4 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-4 - [Report; notice of hearing.]

Upon the filing of said report, the court shall make and enter an order fixing the time and place when and where all persons interested may appear and remonstrate against the confirmations thereof, and the clerk of said court shall cause notice of the time and place of such hearing to be given to all parties interested, which notice shall contain a brief description of the lands benefited and damaged, together with the net damage awarded to the several tracts, parcels, easements and corporations to which damages are awarded and the sum in each case assessed for construction against said several benefited parcels, tracts, easements and corporations. History: Laws 1912, ch. 84, § 42; Code 1915, § 1918; C.S. 1929, § 40-148; 1941 Comp., § 77-1904; 1953 Comp., § 75-20-4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For service of process, see Rule 1-004 NMRA. For notice of hearings in the district court, see Rules 1-005, 1-005.1 and 1-005.2 NMRA. Not proper for delinquent landowner to change basis of assessment. — Where a report discloses that the basis of an assessment is the benefits to be derived to each tract of land, a landowner cannot, in defending collection of interest due upon the assessment, urge that the amount assessed against a given tract exceeds the sum actually expended thereon, since that would change the basis of the assessment. State ex rel. Hagerman Drainage Dist. v. Stanley, 1923-NMSC-025, 28 N.M. 420, 213 P. 770. Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 C.J.S. Drains § 40.
NM Stat § 73-7-5 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-5 - [Publication of report; notice; service of.]

Said notice shall be published for at least three successive weeks, prior to the day set for the hearing in one newspaper published in each county in which said lands, or any part thereof within said district are situated (and if no newspaper is published in said county, in some newspaper of general circulation in the district), and by serving a copy of such notice on each of the persons, or corporations, by said report recommended to be assessed, or whose lands are by said report recommended to be included in said district, and who reside in any of the counties out of which the proposed district is formed, at least 20 days before the day of hearing in the same manner that a summons is required to be served, provided, absence from the county of such person or corporation shall excuse personal service, whereupon due publication of such notice shall be sufficient service. History: Laws 1912, ch. 84, § 43; Code 1915, § 1919; C.S. 1929, § 40-149; 1941 Comp., § 77-1905; 1953 Comp., § 75-20-5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For service of summons in the district court, see Rule 1-004 NMRA and commentary. For provisions as to publication of notice, see 14-11-1 to 14-11-13 NMSA 1978. For manner of service of summons, see Rule 1-004 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts §§ 6, 10, 12, 13, 14, 19. 28 C.J.S. Drains § 10 et seq.
NM Stat § 73-7-6 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-6 - [Report; notice; land in several counties.]

In case the lands are situated in more than one county the notice published in the county wherein the court having jurisdiction is situated shall contain a description of all the lands in said proposed district, the damages awarded to the several parcels thereof and amounts assessed for construction against the several parcels thereof, but the notice published in any other county or counties may contain a description of only the lands situate in said county for which said publication is made, together with the damages awarded to and assessments for construction against the several tracts, parcels, easements and interests situate in said county for which publication is made. History: Laws 1912, ch. 84, § 44; Code 1915, § 1920; C.S. 1929, § 40-150; 1941 Comp., § 77-1906; 1953 Comp., § 75-20-6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For publication of notice, see Rule 1-004 NMRA and commentary. Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 C.J.S. Drains § 10 et seq.
NM Stat § 73-7-7 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-7 - [Report; notice; personal service.]

In case of service of said notice personally, or the acceptance and waiver thereof on all the owners of the lands within the district, said service shall be sufficient and give the court jurisdiction without said publication. History: Laws 1912, ch. 84, § 45; Code 1915, § 1921; C.S. 1929, § 40-151; 1941 Comp., § 77-1907; 1953 Comp., § 75-20-7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For publication of service of process in the district court, see Rule 1-004 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts § 13.
NM Stat § 73-7-8 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-8 - [Report; how modified.]

If the court finds that the report requires modification the same may by order of the court be referred back to the commissioners, who may be required to modify it in any respect. History: Laws 1912, ch. 84, § 46; Code 1915, § 1922; C.S. 1929, § 40-152; 1941 Comp., § 77-1908; 1953 Comp., § 75-20-8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-7-9 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-9 - [Report; assessments; confirmation; appeal.]

If there be no remonstrance, or if the finding be in favor of the validity of the proceedings or after the report shall have been modified to conform to the findings, the court shall confirm the report and order of confirmation shall be final and conclusive, the proposed work shall be established and authorized and the proposed assessments approved and confirmed, which approval and confirmation shall be final, unless within thirty days an appeal be taken to the supreme court. History: Laws 1912, ch. 84, § 47; Code 1915, § 1923; C.S. 1929, § 40-153; 1941 Comp., § 77-1909; 1953 Comp., § 75-20-9. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Timely appeal is sole remedy. — Since decrees rendered under drainage district law are not subject to collateral attack, the only remedy permitted to an owner aggrieved by such decree is by appeal seasonably taken to the supreme court. Strickland v. Elliott, 1921-NMSC-056, 27 N.M. 238, 199 P. 1016. Landowners adequately protected. — Law regarding drainage districts furnishes a complete and comprehensive system of judicial procedure with respect to drainage, and affords adequate protection of owners of land in district. Lake Arthur Drainage Dist. v. Board of Comm'rs, 1924-NMSC-002, 29 N.M. 219, 222 P. 389; State ex rel. Hagerman Drainage Dist. v. Stanley, 1923-NMSC-025, 28 N.M. 420, 213 P. 770. Landowner cannot protest assessment on ground that lesser amount expended. — A landowner cannot, in defense to suit to collect interest due upon assessment, defend on the ground that amount assessed against a given tract exceeds the sum actually expended. State ex rel. Hagerman Drainage Dist. v. Stanley, 1923-NMSC-025, 28 N.M. 420, 213 P. 770.
NM Stat § 73-7-10 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-10 - [Report; confirmation; modification.]

Said order of confirmation may, at the same or at any subsequent term of said court, be revised, modified or changed, in whole or in part, on petition of the commissioners, after such notice as the court may require, to parties adversely interested. History: Laws 1912, ch. 84, § 48; Code 1915, § 1924; C.S. 1929, § 40-154; 1941 Comp., § 77-1910; 1953 Comp., § 75-20-10. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Court's powers unaffected by stipulation on which order based. — The fact that the order approving assessments and the findings was made upon a stipulation between remonstrants and commissioners does not change the nature of the order nor the powers of the court. Stanley v. Wixon, 1918-NMSC-082, 24 N.M. 499, 174 P. 200.
NM Stat § 73-7-11 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-11 - [Commissioners; supplemental report; amendments.]

At any time prior to making the order confirming said report or thereafter the court may permit the commissioners to present and file a supplemental report, or amend their report as to any matter which, pursuant to the provisions hereof, was or might have been included in the original report presented by them, and after reasonable notice given to all parties interested, in such manner as the court shall direct, the court may, upon the hearing in said matter make such order as the case may require. History: Laws 1912, ch. 84, § 49; Code 1915, § 1925; C.S. 1929, § 40-155; 1941 Comp., § 77-1911; 1953 Comp., § 75-20-11. 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 §§ 37, 38.