reglab/housing_qa huggingface dataset:
NM Stat § 73-7-44 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-44 - [Outside lands; notice to owners.]

Upon filing of said report the court shall order the owners of such lands to be notified of the filing of said report and the contents thereof, and shall require such owners to show cause at a time and place fixed therein, not less than twenty days thereafter, why their said lands should not be brought into said district and assessed for said benefit. History: Laws 1912, ch. 84, § 70; Code 1915, § 1946; C.S. 1929, § 40-175; 1941 Comp., § 77-1944; 1953 Comp., § 75-20-44. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-7-45 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-45 - [Outside lands; remonstrance; hearing.]

At the time and place fixed for hearing said report any of said landowners may appear and remonstrate against the confirmation of said report. All remonstrances shall be in writing, verified and shall set forth the facts on which they are based. All issues arising on said report shall be tried by the court without a jury. History: Laws 1912, ch. 84, § 71; Code 1915, § 1947; C.S. 1929, § 40-176; 1941 Comp., § 77-1945; 1953 Comp., § 75-20-45. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-7-46 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-46 - [Outside lands; when annexed.]

If the court shall find that said lands or any of them are receiving the benefits of any such drain or ditch, the court shall so find in writing and shall order said lands to be annexed to and made a part of said district and benefits to be assessed against the same by the commissioners of said district. History: Laws 1912, ch. 84, § 72; Code 1915, § 1948; C.S. 1929, § 40-177; 1941 Comp., § 77-1946; 1953 Comp., § 75-20-46. 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 § 21. 28 C.J.S. Drains §§ 10 et seq.
NM Stat § 73-7-47 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-47 - [Outside lands; appeal.]

Said order shall be final and conclusive unless appealed to the supreme court within thirty days from the date of entry thereof. History: Laws 1912, ch. 84, § 73; Code 1915, § 1949; C.S. 1929, § 40-178; 1941 Comp., § 77-1947; 1953 Comp., § 75-20-47. 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 §§ 10, 11.
NM Stat § 73-7-48 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-48 - [Annexed lands; assessments.]

Said commissioners shall, after the time for appeal is passed, assess against each parcel, tract and easement of and in said annexed lands reasonable and just benefits, and shall assess against said lands for construction and repairs such sum as shall be just. History: Laws 1912, ch. 84, § 74; Code 1915, § 1950; C.S. 1929, § 40-179; 1941 Comp., § 77-1948; 1953 Comp., § 75-20-48. 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 § 37.
NM Stat § 73-7-49 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-49 - [Annexed lands; assessments; notice; hearing.]

The commissioners shall file their report of such assessments in court. The court shall by order require said owners to show cause at a time and place therein fixed not less than twenty days after service of said order, why said report of assessment should not be confirmed and on such hearing the court shall either amend, confirm or reject such report of assessments. History: Laws 1912, ch. 84, § 75; Code 1915, § 1951; C.S. 1929, § 40-180; 1941 Comp., § 77-1949; 1953 Comp., § 75-20-49. 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 § 10, 11.
NM Stat § 73-7-50 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-50 - [Courts to supervise commissioners; powers.]

The court shall at all times have supervision of said commissioners, and may at any time require them to make a report on any matter or matters connected with their duties as commissioners, and after due hearing may remove from office any or all of said commissioners for neglect of duty or malfeasance in office or for other good cause. The court may at any time require the commissioners to give new bonds and may fix the amount thereof, and said bonds shall be submitted to the court or the presiding judge thereof for approval. History: Laws 1912, ch. 84, § 76; Code 1915, § 1952; C.S. 1929, § 40-181; 1941 Comp., § 77-1950; 1953 Comp., § 75-20-50. 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 § 17.
NM Stat § 73-7-51 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-51 - [Bonds and obligations.]

No bond or other money obligations issued by any drainage district shall be adversely affected by any subsequent change in assessments of benefits. History: Laws 1912, ch. 84, § 77; Code 1915, § 1953; C.S. 1929, § 40-182; 1941 Comp., § 77-1951; 1953 Comp., § 75-20-51. 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 §§ 48, 49. 28 C.J.S. Drains § 15 et seq.
NM Stat § 73-7-52 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-52 - [Commissioners are public officers; presumptions.]

Commissioners of drainage districts are hereby declared to be public officers. The presumption shall be in favor of the regularity and validity of all their official acts. Whenever any report of the commissioners of any drainage district or any part of said report is contested, remonstrated against or called in question, the burden of proof shall rest upon the contestant, remonstrant or questioner. History: Laws 1912, ch. 84, § 78; Code 1915, § 1954; C.S. 1929, § 40-183; 1941 Comp., § 77-1952; 1953 Comp., § 75-20-52. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-7-53 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-53 - [Owners of land; rights to use of drains; eminent domain.]

The owner of any land that has been assessed for the cost of the construction of any ditch, drain or watercourse, as herein provided, shall have the right to use the ditch, drain or watercourse as an outlet for lateral drains from said land; and if said land is separated from the ditch, drain or watercourse by the land of another or others, and the owner thereof shall be unable to agree with said other or others as to the terms and conditions on which he may enter their lands and construct said drain or ditch, and [then] he may acquire a right-of-way therefor by condemnation as hereinafter provided by the provisions of Section 73-7-56 NMSA 1978. History: Laws 1912, ch. 84, § 79; Code 1915, § 1955; C.S. 1929, § 40-184; 1941 Comp., § 77-1953; 1953 Comp., § 75-20-53. 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 § 33. 28 C.J.S. Drains § 59; 94 C.J.S. Waters §§ 349, 350.
NM Stat § 73-7-54 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-54 - [Assessments; confirmation conclusive of regularity.]

The collection of any assessments made by the commissioners for construction and confirmed by the court, shall not be restrained or obstructed by reason of any omission, imperfection or defect in the organization of any district or in the proceedings occurring prior to the order confirming the assessments of benefits, but such order shall be conclusive as to the regularity of all proceedings relating to the assessments of benefits unless appealed from within thirty days after the entry of such order. History: Laws 1912, ch. 84, § 80; Code 1915, § 1956; C.S. 1929, § 40-185; 1941 Comp., § 77-1954; 1953 Comp., § 75-20-54. 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 §§ 39, 46. 28 C.J.S. Drains § 102.
NM Stat § 73-7-55 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-55 - [Obstruction of drains; bridges.]

No person, firm, county or corporation, or other municipal corporation, shall sink, set or drive any post, pillars or piling in any of the drains or ditches constructed under the provisions of this article for the purpose of erecting any bridge, trestle or covering over or across any such drain or ditch. All supports for any such bridges shall be entered or placed on the banks of such drain or watercourse so as not to obstruct the flow of water therein. No person taking water for any purpose, from any drain or ditch, constructed under the provisions of this article, shall take said water in such manner as to obstruct the flow of water in, or in any way diminish the efficiency of, said drain or ditch. Any person who shall violate any of the foregoing provisions of this section or who shall place logs, brush or any other like substances, or fell trees into them, which will obstruct the flow of water in any of the drains or watercourses constructed in whole or in part under the provisions of this article, or in any stream which will flow through such improvement, and any public officer or any employe [employee] who shall fail or refuse to perform any of the duties required by this article, shall be deemed guilty of a misdemeanor, and shall be liable for all damages caused thereby. History: Laws 1912, ch. 84, § 81; Code 1915, § 1957; C.S. 1929, § 40-186; 1941 Comp., § 77-1955; 1953 Comp., § 75-20-55. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The 1915 Code substituted "this article" for "this act." Laws 1912, ch. 84. § 81 was codified as Code 1915, ch. 31, art. 1, now compiled as 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 and 73-7-40 to 73-7-56 NMSA 1978. Cross references. — For general prohibition of interference with use of water, see 72-8-3 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts § 33. Obstruction or diversion of, or other interference with, flow of surface water as taking or damaging property within constitutional provision against taking or damaging without compensation, 128 A.L.R. 1195. Liability for damages from obstruction of stream by debris or waste, 29 A.L.R.2d 447. Municipality's liability for damage resulting from obstruction or clogging of drains or sewers, 59 A.L.R.2d 281. 28 C.J.S. Drains § 78; 93 C.J.S. Waters §§ 15, 20.
NM Stat § 73-7-56 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-56 - Rights-of-way; eminent domain by individuals; eminent domain for construction.

Any person, firm, corporation or association may exercise the right of eminent domain to take and acquire property and [a] right-of-way for the construction, maintenance and operation of a drainage ditch, which shall be located as to do the least damage to private property consistent with its proper use and construction, such property and right-of-way shall be acquired in the manner provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978]. History: Laws 1912, ch. 84, § 82; Code 1915, § 1958; C.S. 1929, § 40-187; 1941 Comp., § 77-1956; 1953 Comp., § 75-20-56; Laws 1981, ch. 125, § 57. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The 1981 amendment revised the section heading, substituted "property and" for "land" following "acquire" near the beginning of the section, substituted "property" for "land" following "such" near the end of the section and substituted "the Eminent Domain Code" for "law for the condemnation and taking of private property in the state of New Mexico for railroads, telegraph and telephone and other public uses and purposes" at the end of the section. Section is limited in its application to such persons as have been assessed for the cost of construction of works of a drainage district and does not violate N.M. Const., art. IV, § 16, which prohibits more than one subject to be embraced in a bill. In re Dexter-Greenfield Drainage Dist., 1915-NMSC-097, 21 N.M. 286, 154 P. 382. Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts § 5. Right of owner of land not originally taken or purchased as part of adjacent project to recover, on enlargement of project to include adjacent land, enhanced value of property by reason of proximity to original land, 95 A.L.R.3d 752. 28 C.J.S. Drains §§ 56, 78.
NM Stat § 73-8-1 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 8 - Drainage Districts Within Federal Reclamation Projects|Section 73-8-1 - [Organization of districts.]

Whenever a majority of the resident freeholders owning one-third in area of the lands, or evidence of title to lands so owned, within the limits of any federal reclamation project in the state of New Mexico shall desire to provide for the drainage of such lands or of any portion thereof, they may propose the organization of a drainage district under the provisions of this act [73-8-1 to 73-8-60 NMSA 1978]. Such drainage districts may be formed in order to cooperate with the United States government in effecting and carrying out the purposes of this act through the construction of drainage works necessary to maintain the irrigability of lands within any such district, or for the purchase, extension, operation or maintenance of constructed works necessary for such purposes or for the assumption as principal or guarantor of indebtedness to the United States on account of the drainage of such district lands. Districts so organized shall be empowered to take any and all action necessary to effectuate the purposes of this act. History: Laws 1917, ch. 22, § 1; C.S. 1929, § 40-201; 1941 Comp., § 77-2001; 1953 Comp., § 75-21-1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The words "this act" in this section refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978, which was enacted to further New Mexico landowners' participation in federal projects authorized by 43 U.S.C. § 371 et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts § 34; 45 Am. Jur. 2d Irrigation §§ 86 to 91. Right of owner of land within reclamation project in respect of which a water right was allowed upon application pursuant to Reclamation Act to a perpetual right beyond the control of the federal government for a sufficient amount beneficially to irrigate the land, 115 A.L.R. 1320, 67 A.L.R.3d 914. 28 C.J.S. Drains § 8; 94 C.J.S. Waters § 333.
NM Stat § 73-8-2 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 8 - Drainage Districts Within Federal Reclamation Projects|Section 73-8-2 - [Petition; filing; contents; publication of notice.]

For the purpose of establishing a drainage district under this act [73-8-1 to 73-8-60 NMSA 1978] a petition shall be filed with the board of county commissioners of the county wherein is embraced the largest acreage of the proposed district; such petition shall state the purposes of the proposed organization, shall contain a general description of the boundaries of the proposed drainage district, the name proposed for such district, and shall designate a committee composed of three of the petitioners to present such petition to such board of county commissioners, shall contain a prayer that said board shall define and establish the boundaries of the proposed drainage district and submit the question of the organization of same to a vote of the qualified electors resident within the proposed district; such petition shall be signed by a majority of the resident freeholders within the proposed district, who shall be the owners in the aggregate of one-third of the total area of lands within the proposed district belonging to the resident freeholders within such district. Notice of the filing of such petition with the board of county commissioners shall be published once each week for four successive weeks in some newspaper of general circulation printed and published in each county wherein shall be situate any lands proposed to be embraced in any such district, which notice shall set forth the substance of such petition and the time and place when the same will be acted upon by said board of county commissioners, which time may be at any regular meeting or at any special meeting of such board called for such purpose. History: Laws 1917, ch. 22, § 2; C.S. 1929, § 40-202; 1941 Comp., § 77-2002; 1953 Comp., § 75-21-2. ANNOTATIONSCompiler's notes. — The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978. Cross references. — For provisions on 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 § 37.
NM Stat § 73-8-3 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 8 - Drainage Districts Within Federal Reclamation Projects|Section 73-8-3 - [Publications; language; time and manner.]

The publication required by the preceding section [73-8-2 NMSA 1978] and all publications required by this act [73-8-1 to 73-8-60 NMSA 1978] shall be made in both English and Spanish and in every instance the last publication shall be made not less than three days before the time fixed by such publications for the taking of action therein mentioned; and all publications shall be made for the time and in the manner prescribed in said preceding section. History: Laws 1917, ch. 22, § 3; C.S. 1929, § 40-203; 1941 Comp., § 77-2003; 1953 Comp., § 75-21-3. ANNOTATIONSCompiler's notes. — The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
NM Stat § 73-8-5 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 8 - Drainage Districts Within Federal Reclamation Projects|Section 73-8-5 - [District officers.]

The officers of any such district shall consist of the directors, a secretary and a treasurer. A member of the board of directors shall be elected by such board as president. History: Laws 1917, ch. 22, § 5; C.S. 1929, § 40-205; 1941 Comp., § 77-2005; 1953 Comp., § 75-21-5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-8-6 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 8 - Drainage Districts Within Federal Reclamation Projects|Section 73-8-6 - [Number of directors and election divisions.]

The directors and divisions of drainage districts under this act [73-8-1 to 73-8-60 NMSA 1978] shall be in number, for districts having an area of twenty-five thousand acres or less, 3; for districts having an area of more than twenty-five thousand acres and less than fifty thousand acres, 5; for districts having an area of more than fifty thousand acres and less than seventy-five thousand acres, 7; and for districts having an area of seventy-five thousand acres or more, 9. History: Laws 1917, ch. 22, § 6; C.S. 1929, § 40-206; 1941 Comp., § 77-2006; 1953 Comp., § 75-21-6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The words "this act" refers to Laws 1917, ch. 22, §§ 1 to 60, now compiled as 73-8-1 to 73-8-60 NMSA 1978.
NM Stat § 73-8-7 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 8 - Drainage Districts Within Federal Reclamation Projects|Section 73-8-7 - [Notice of election; publication.]

Upon entry of the orders aforesaid the board of county commissioners shall thereupon cause to be published as by this act [73-8-1 to 73-8-60 NMSA 1978] provided, a notice embodying the substance of such orders, fixing the time and place for such election and setting forth the matters to be submitted to a vote of the electors, which notice shall be signed by the chairman of such board and attested by the county clerk. History: Laws 1917, ch. 22, § 7; C.S. 1929, § 40-207; 1941 Comp., § 77-2007; 1953 Comp., § 75-21-7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For method of publication provided by this act, see 73-8-2 and 73-8-3 NMSA 1978.