reglab/housing_qa huggingface dataset:
NM Stat § 73-16-22 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 16 - Conservancy Districts; Financial Administration|Section 73-16-22 - Special proceedings to enforce collections.

In the event of any default in the payment of the interest or principal of any bonds issued, and if the said district or its proper officers shall fail or neglect to enforce the payment of any unpaid assessment, the holder of such bonds may, for himself and for the benefit of all others similarly situated, enforce the said liens by suit or action against the land or lands, property or properties, on which such assessment has not been paid, and against the said district; or may apply for the appointment of a receiver to collect the assessment and enforce the liens aforesaid; and the proceeds of such assessments and collections shall be applied, after payment of costs, first to overdue interest, and then to payment pro rata of all bonds issued by the said board which are then due and payable; and the said receiver may be directed by suit to foreclose the lien of said assessments on said property and the suits so brought by the receiver shall be conducted in all matters as suits for the collection of debts and foreclosure of liens under mortgages and trust deeds, and the decrees in such suits and the deeds issued pursuant thereto, shall have the same presumption in their favor; provided, however, that when all such sums have been paid, the receiver shall be discharged, and the affairs of the district conducted by the board as hereinbefore provided. In any special proceeding commenced under the provisions of this section, the district, and all land and all property or properties on which assessments have not been paid, may be made joint defendants, but separate judgments shall be entered and enforced. History: Laws 1927, ch. 45, § 521; C.S. 1929, § 30-521; 1941 Comp., § 77-2921; 1953 Comp., § 75-30-21. ANNOTATIONSCross references. — For public lands not to be sold for assessments, see 73-17-14 NMSA 1978.
NM Stat § 73-16-23 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 16 - Conservancy Districts; Financial Administration|Section 73-16-23 - Assessment records prima facie evidence.

The records of assessments contained in the respective assessments [assessment] records of the district and of the respective counties thereof shall be prima facie evidence in all courts of all matters therein contained. History: Laws 1927, ch. 45, § 522; C.S. 1929, § 30-522; 1941 Comp., § 77-2922; 1953 Comp., § 75-30-22. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 337.
NM Stat § 73-16-24 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 16 - Conservancy Districts; Financial Administration|Section 73-16-24 - Remedy for defective assessments.

If any assessment made under the provisions of this act shall prove invalid, the board shall by subsequent or amended acts or proceedings promptly and without delay remedy all defects or irregularities, as the case may require, by making and providing for the collection of new assessments or otherwise. History: Laws 1927, ch. 45, § 523; C.S. 1929, § 30-523; 1941 Comp., § 77-2923; 1953 Comp., § 75-30-23. ANNOTATIONSCompiler's notes. — For the meaning of "this act", see compiler's notes to 73-16-2 NMSA 1978.
NM Stat § 73-16-25 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 16 - Conservancy Districts; Financial Administration|Section 73-16-25 - Ex-officio district treasurer.

The county treasurer of the county in which is located any portion of the lands of the district shall be and he is hereby constituted ex-officio district treasurer of the district extending into his county, and the said county treasurer shall be liable upon his official bonds to indictment and criminal prosecution for malfeasance, misfeasance or failure to perform any duty herein prescribed, as county treasurer or ex-officio treasurer, as provided by law in either case as county treasurer. History: Laws 1927, ch. 45, § 524; C.S. 1929, § 30-524; 1941 Comp., § 77-2924; 1953 Comp., § 75-30-24. ANNOTATIONSCross references. — For secretary of board of directors to serve as treasurer of district unless a treasurer is otherwise provided for by the board, see 73-14-35 NMSA 1978.
NM Stat § 73-16-26 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 16 - Conservancy Districts; Financial Administration|Section 73-16-26 - Bond of county treasurer.

Before receiving the assessment records, the treasurer of each county into which the district extends, shall furnish a corporate surety company bond, at the expense of the district, executed to the district, in a sum not less than the probable amount to be collected by him for the district during any one year, conditioned that said treasurer shall as hereinbefore provided pay over and account for all assessments so collected by him. Said bond after approval by the board shall be deposited with the clerk who shall produce the same for inspection and use as evidence whenever and wherever lawfully required so to do. History: Laws 1927, ch. 45, § 525; C.S. 1929, § 30-525; 1941 Comp., § 77-2925; 1953 Comp., § 75-30-25. ANNOTATIONSCross references. — For surety bonds and companies, see 46-6-1 to 46-6-9 NMSA 1978.
NM Stat § 73-16-27 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 16 - Conservancy Districts; Financial Administration|Section 73-16-27 - Duty of county treasurer to pay over tax; failure.

All collections of any assessments made by any county treasurer shall be paid to the treasurer of the proper district, on or before the tenth day of the next succeeding calendar month. If any county treasurer or other person entrusted with the collection of any assessment made under the provisions of this act, refuses, fails or neglects to make prompt payment of the assessments, or any part thereof, collected under this act to the treasurer of the district upon his presentation of a written demand for the board, then he shall pay a penalty of ten (10%) percent on the amount of his delinquency; such penalty shall at once become due and payable and both he and his sureties shall be liable therefor on his bond provided for in this act. History: Laws 1927, ch. 45, § 526; C.S. 1929, § 30-526; 1941 Comp., § 77-2926; 1953 Comp., § 75-30-26. ANNOTATIONSCompiler's notes. — For the meaning of "this act", see compiler's notes to 73-16-2 NMSA 1978.
NM Stat § 73-16-28 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 16 - Conservancy Districts; Financial Administration|Section 73-16-28 - Surplus funds and annual reports.

A. Any surplus funds in the treasury of the district may be used for retiring bonds, reducing the rate of assessment or for accomplishing any other of the legitimate objects of the district. B. At least once a year, or oftener if the court shall so order, the board shall make a report to the court of its proceedings and an accounting of receipts and disbursements to that date, which shall be filed with the clerk. Thereupon the court shall order the auditing of said accounts by competent public accountants, who shall file their reports thereon with the clerk, which audit shall be in lieu of and fulfill all purposes of any audit now required by law for any similar political subdivision of the state. History: Laws 1927, ch. 45, § 527; C.S. 1929, § 30-527; 1941 Comp., § 77-2927; 1953 Comp., § 75-30-27. ANNOTATIONSLegislative intent. — The intention of the legislature was to provide for an annual audit for the political subdivision, but did not exempt them from control of the state comptroller (now state auditor). 1953 Op. Att'y Gen. No. 53-5658. Annual reports, generally. — Conservancy districts should, as other political subdivisions of the state, make the required reports to the office of the state comptroller (now state auditor). 1937 Op. Att'y Gen. No. 37-1800. Audits, generally. — Any of the political subdivisions of the state has a right under the law to make independent audits or such audits may be made by the office of the state comptroller (now state auditor). It is an audit of this nature to which this section refers. 1937 Op. Att'y Gen. No. 37-1800. Reference to "any audit". — The exception in Subsection B regarding "any audit now required by law" only refers to former 7-107 NMSA 1941, which was in effect at the time Subsection B was enacted, and not to the Audit Act, which was not enacted until 1969. 1989 Op. Att'y Gen. No. 89-07.
NM Stat § 73-16-29 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 16 - Conservancy Districts; Financial Administration|Section 73-16-29 - Compensation of officials.

A. Each member of the board of directors shall receive five ($5.00) dollars per day and his necessary expenses for the time actually employed in the performance of his duties. B. Each appraiser shall receive ten ($10.00) dollars per day and his expenses for the time actually employed in the performance of his duties. C. Before any duties devolve upon the county treasurers under this act, the board shall consult them and agree upon the salaries for the extra clerical force, if any, required in their respective offices to carry out the requirements of the law by reason of the establishment of a district, and the said board shall provide for and pay said salaries to said clerk or clerks while engaged on the work of the district, which clerks shall be selected and appointed by each of said county officers for their respective offices. In case of disagreement as to the compensation of such extra clerical force, the matter shall be referred to the court for its determination. History: Laws 1927, ch. 45, § 528; C.S. 1929, § 30-528; 1941 Comp., § 77-2928; 1953 Comp., § 75-30-28. ANNOTATIONSCompiler's notes. — For the meaning of "this act", see compiler's notes to 73-16-2 NMSA 1978. Generally. — Appraisers receive compensation for their services upon a per diem basis for the time actually employed in the performance of their duties. Zamora v. Middle Rio Grande Conservancy Dist., 1940-NMSC-030, 44 N.M. 364, 102 P.2d 673. Board of appraisers and assistants. — The compensation paid to the board of appraisers comes from the money which is set aside by conservancy law for the operation of the conservancy district. The board of directors of the conservancy district does not exercise any control over the operation of the board of appraisers and their assistants. The control of the board of appraisers is actually exercised by the court. 1956 Op. Att'y Gen. No. 56-6529. Extra clerical help of assessor. — The county assessor of Socorro county cannot require that the Middle Rio Grande conservancy district enter into an agreement with such assessor whereby the conservancy district agrees to pay for extra clerical help needed by the assessor to help collect conservancy district assessments. No authorization for the assessor to enter into such an agreement is found in the statutes. The fact that the assessor must hire extra clerical help to properly assist in conservancy district assessment collections is of no consequence legally. Such an agreement between the assessor and the conservancy district is not authorized and, therefore, cannot be required. 1960 Op. Att'y Gen. No. 60-131. Am. Jur. 2d, A.L.R. and C.J.S. references. — Right of governmental unit other than flood control district, or officers thereof, to compensation for collecting or disbursing assessment, of levee or flood control districts, 114 A.L.R. 1098. 52A C.J.S. Levees and Flood Control § 21; 94 C.J.S. Waters § 320.
NM Stat § 73-16-30 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 16 - Conservancy Districts; Financial Administration|Section 73-16-30 - [Conservation and development of resources; assessments authorized.]

That conservancy districts heretofore or hereafter created under New Mexico statutes be and hereby are authorized to levy an assessment of not to exceed 10% of the special benefits confirmed and approved for the purpose of conserving and developing the resources thereof, servicing outstanding bonds or obligations of such districts and for other purposes under the terms and conditions herein specified. History: Laws 1935, ch. 37, § 1; 1941 Comp., § 77-2929; 1953 Comp., § 75-30-29. ANNOTATIONSEmergency clauses. — Laws 1935, ch. 37, § 12, made the act effective February 16, 1935. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-16-31 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 16 - Conservancy Districts; Financial Administration|Section 73-16-31 - [Conservation and development fund assessment; levy; records; payment.]

Said special assessment shall be known as the "conservation and development fund assessment"; [it] shall be made by resolution of the board and duly extended on the proper district and tax records in like manner and in accordance with the same procedure as the construction fund assessment under the provisions of the Conservancy Act of New Mexico [73-14-3 NMSA 1978]. A complete record in duplicate shall be kept of the conservation and development fund assessment similar to the records and extension thereof required to be made for the construction fund assessment, and said conservation and development fund assessment may, by sufficient columns provided therefor, be recorded on the same books as the construction fund assessment record, or in such manner as shall be most convenient for the proper recording thereof. Under the terms of a resolution levying and extending said conservation and development fund assessment, principal payments thereon by the property owners shall commence to be paid within five years from the date thereof, and be apportioned over the remainder of the life of the conservancy bonds theretofore issued, but like opportunity shall be given the property owners to pay said assessment in cash as provided for in the case of the construction fund assessment under the Conservancy Act; and nothing herein contained shall impair the right of said districts in the making of annual levies for construction fund and maintenance fund assessments to levy sufficient amounts as may be necessary to service all of the outstanding obligations of said district, including interest and principal as needed to pay and discharge those authorized under the provisions hereof, at the time and in the manner prescribed for annual levies under Section 514 [73-16-15 NMSA 1978] of the Conservancy Act. History: Laws 1935, ch. 37, § 2; 1941 Comp., § 77-2930; 1953 Comp., § 75-30-30. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — For the meaning of "Conservancy Act", see compiler's notes following 73-14-1 NMSA 1978. Cross references. — For construction fund assessment, see 73-16-4, 73-16-6 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation §§ 70 to 72. 52A C.J.S. Levees and Flood Control §§ 28 to 39; 94 C.J.S. Waters §§ 332 to 337.
NM Stat § 73-16-32 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 16 - Conservancy Districts; Financial Administration|Section 73-16-32 - [Conservation and development fund created; legislative finding.]

In addition to the separate funds provided for under Section 501, Subsection 1 [73-16-1 A NMSA 1978] of Article V of the Conservancy Act [of New Mexico], there is hereby created a separate fund to be known as the "conservation and development fund," by which shall be meant the proceeds of a special levy hereby authorized to be made against the special benefits appraised, equalized and confirmed; and legislative finding is hereby made that for the purpose of conserving and developing the resources of any conservancy district heretofore or hereafter created under the Conservancy Act of New Mexico, the lands and properties therein have and will be benefited by the construction of the official plan and the conserving and developing of the resources thereof to the extent of the benefits confirmed and approved, and that the same have and will be further benefited and improved by conserving and developing the resources thereof in the manner provided hereunder. History: Laws 1935, ch. 37, § 3; 1941 Comp., § 77-2931; 1953 Comp., § 75-30-31. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — For the meaning of "Conservancy Act", see compiler's notes following 73-14-1 NMSA 1978.
NM Stat § 73-16-33 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 16 - Conservancy Districts; Financial Administration|Section 73-16-33 - [Conservancy bonds; conservation and development issue.]

That conservancy districts heretofore or hereafter organized under the provisions of the Conservancy Act of New Mexico, subsequent to the passage of a resolution authorizing the conservation and development fund assessment, may issue additional bonds to be known as "conservancy bonds - conservation and development issue" which bonds shall be in similar or like form to the bonds provided for under Section 506 [73-16-7 NMSA 1978] of the Conservancy Act, save and except that they shall have printed thereon the following words: "Conservancy Bonds - Conservation and Development Issue," and made otherwise to conform to the provisions of this act [73-16-30 through 73-16-40 NMSA 1978]. History: Laws 1935, ch. 37, § 4; 1941 Comp., § 77-2932; 1953 Comp., § 75-30-32. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — For the meaning of "Conservancy Act", see compiler's notes following 73-14-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation §§ 67 to 69. 52A C.J.S. Levees and Flood Control § 40; 94 C.J.S. Waters §§ 322 to 337.
NM Stat § 73-16-34 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 16 - Conservancy Districts; Financial Administration|Section 73-16-34 - [Interest rate; sale to governmental agencies without advertisement.]

The bonds authorized under the provisions hereof shall bear a rate of interest not exceeding 6%, and the same may be sold to the United States government, the reconstruction finance corporation or any federal or state governmental agency without advertisement. History: Laws 1935, ch. 37, § 5; 1941 Comp., § 77-2933; 1953 Comp., § 75-30-33. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — For the meaning of "Conservancy Act", see compiler's notes following 73-14-1 NMSA 1978. The reconstruction finance corporation was abolished by the 1957 Reorganization Plan No. 1 and its functions transferred to the Housing and Home Finance Administration.
NM Stat § 73-16-35 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 16 - Conservancy Districts; Financial Administration|Section 73-16-35 - [Bonds tax exempt; investment of state funds.]

The bonds herein authorized shall be entitled to all the privileges of tax exemption and be eligible for the investment of state funds in like manner as provided for conservancy bonds under the provisions of Sections 507 and 508 [73-16-8, 73-16-9 NMSA 1978] of the Conservancy Act [of New Mexico]. History: Laws 1935, ch. 37, § 6; 1941 Comp., § 77-2934; 1953 Comp., § 75-30-34. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — For the meaning of "Conservancy Act", see compiler's notes following 73-14-1 NMSA 1978.
NM Stat § 73-16-36 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 16 - Conservancy Districts; Financial Administration|Section 73-16-36 - [Amount of bonds; use of proceeds; exemptions from assessment.]

Securities authorized to be issued under provisions hereof may be issued in an amount not exceeding 10% of the benefits confirmed and approved in accordance with Articles IV and V of the Conservancy Act [of New Mexico] and the proceeds upon the sale, exchange or delivery thereof shall be devoted to conserving and developing the resources of said conservancy district, the servicing of outstanding obligations thereof or any other expenses and carrying charges of said district, but no property which has paid in full its construction fund assessment prior to the issuance of said securities shall be subject to the conservation and development fund assessment. History: Laws 1935, ch. 37, § 7; 1941 Comp., § 77-2935; 1953 Comp., § 75-30-35. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The provisions of Articles IV and V of the Conservancy Act of New Mexico are presently compiled as 73-15-1 to 73-15-15 and 73-16-1 to 73-16-4, 73-16-6 to 73-16-29 NMSA 1978 respectively.
NM Stat § 73-16-37 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 16 - Conservancy Districts; Financial Administration|Section 73-16-37 - [Application of other laws.]

All of the provisions of Article V of the Conservancy Act of New Mexico relating to the manner of filing, extension on district or tax records, issuance, payment, financial administration and other clauses of the Conservancy Act pertaining to the construction fund assessment or the issuance of bonds and the payments therefor and thereon; the duties of public officers in connection therewith; the annual levies therefor and the lien of construction fund assessment shall be applicable to and apply with like force to conservation and development fund assessments save and except the negotiable securities authorized to be sold under the provisions hereof may be disposed of or pledged to the United States government, the reconstruction finance corporation or any federal or other governmental agency without advertisement on sale, pledge or other disposition thereof, and said "conservation and development issue" or bonds shall otherwise be made to conform to the provisions of this act [73-16-30 to 73-16-40 NMSA 1978]. History: Laws 1935, ch. 37, § 8; 1941 Comp., § 77-2936; 1953 Comp., § 75-30-36. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The provisions of Article V of the Conservancy Act are presently compiled as 73-16-1 to 73-16-4, 73-16-6 to 73-16-29 NMSA 1978. The reconstruction finance corporation was abolished by the 1957 Reorganization Plan No. 1 and its functions transferred to the Housing and Home Finance Administration.
NM Stat § 73-16-38 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 16 - Conservancy Districts; Financial Administration|Section 73-16-38 - [Bonds in serial form; maturity dates.]

The securities authorized to be issued hereunder shall be serial in form and the entire issue of said conservation and development fund bonds so serially to be issued shall begin to mature within five years after the issuance thereof and a like amount as near as may be of principal and interest shall fall due and mature annually thereafter as in the case of other conservancy bonds, save that the life of the bonds authorized under the terms of this act [73-16-30 to 73-16-40 NMSA 1978] shall be so adjusted serially that all of the principal and interest thereof shall fall due and be payable within the life of the original construction fund bonds. History: Laws 1935, ch. 37, § 9; 1941 Comp., § 77-2937; 1953 Comp., § 75-30-37. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.