reglab/housing_qa huggingface dataset:
NM Stat § 73-6-12 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-12 - [Hearing and determination.]

The court shall hear and determine whether or not the petition contains the signatures of twenty-five percent of the adult owners of lands within the said proposed district and who represent one-fourth in area of the lands proposed to be affected by said work and shall determine all questions of law arising on said contest. The district court in which such petition shall be filed or the judge thereof may adjourn the hearing from time to time for want of sufficient notice or to give time to prepare for trial or for other good cause. History: Laws 1912, ch. 84, § 12; Code 1915, § 1888; Laws 1921, ch. 166, § 2; C.S. 1929, § 40-112; 1941 Comp., § 77-1812; 1953 Comp., § 75-19-12. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For finality of findings and orders and appeal to supreme court, see 73-6-41 NMSA 1978. Right to withdraw name from petition. — Any person signing the petition has the right to withdraw his name at any time before the district court has finally acted upon the petition and determined that it is signed by the number required to create the drainage district. In re Bernalillo County Drainage Dist. No. 1, 1919-NMSC-004, 25 N.M. 171, 179 P. 233. Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts §§ 6, 12 et seq.; 45 Am. Jur. 2d Irrigation §§ 54, 55. 28 C.J.S. Drains §§ 28, 29.
NM Stat § 73-6-13 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-13 - [Proof of ownership.]

The affidavit of any three or more of the signers of said petition stating that they have examined it, and are acquainted with the locality of said district and that the signers of said petition are adult owners or reputed owners of lands in said district, to satisfy Section 73-6-1 NMSA 1978 may be taken as prima facie evidence of the facts therein stated. And the affidavit of any petitioner or other landowner before such court, or represented before the court, giving the name of affiant and his or her ownerships of the lands, described therein, shall be prima facie evidence to the court of such facts. History: Laws 1912, ch. 84, § 13; Code 1915, § 1889; C.S. 1929, § 40-113; 1941 Comp., § 77-1813; 1953 Comp., § 75-19-13. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-6-14 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-14 - [Petition; deed made to defeat.]

Any deed made for the purpose of establishing or defeating the prayer of said petition, and not made in good faith and for a valuable consideration shall be taken and held to be a fraud, and the grantee therein shall not be considered as the owner of the land described therein. History: Laws 1912, ch. 84, § 14; Code 1915, § 1890; C.S. 1929, § 40-114; 1941 Comp., § 77-1814; 1953 Comp., § 75-19-14. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-6-15 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-15 - [Petition; purchasers after notice of petition.]

All purchasers of land within any drainage district or proposed drainage district after notice of such petition or any other notice provided by this article, shall have been given, or after such petition as hereinbefore referred to has been filed, shall be deemed to have purchased the same with notice thereof and shall be bound thereby to the same extent as the vendor of such lands would have been bound. History: Laws 1912, ch. 84, § 15; Code 1915, § 1891; C.S. 1929, § 40-115; 1941 Comp., § 77-1815; 1953 Comp., § 75-19-15. 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." "This article" refers to chapter XXXI, Article 1, Code of 1915. For sections as presently compiled, see note catchlined "Meaning of 'this chapter' " in 73-6-10 NMSA 1978.
NM Stat § 73-6-16 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-16 - [Petition; insufficient signatures.]

If the court, or presiding judge thereof, after hearing any and all competent evidence that may be offered for and against the said petition, shall find that same has not been signed as herein required, the said petition shall be dismissed at the cost of the petitioners, and judgment shall be entered against said petitioners for the amount of said costs. History: Laws 1912, ch. 84, § 16; Code 1915, § 1892; C.S. 1929, § 40-116; 1941 Comp., § 77-1816; 1953 Comp., § 75-19-16. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts §§ 8, 9, 17, 19, 23. 94 C.J.S. Waters § 324.
NM Stat § 73-6-17 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-17 - [Finding sufficient number of signers; certificate; calling election for drainage commissioners.]

But if it shall appear that the petition has been so signed, the court or judge shall so find, and shall certify such fact to the board of county commissioners of the county or counties in which such district is situated, and said commissioners shall call an election for the election of commissioners of the said drainage district which said call for election shall be in the same form as proclamations for elections now provided by law, and such election shall be held within thirty days after the receipt of the certificate from the district court as provided for herein. History: Laws 1912, ch. 84, § 17; Code 1915, § 1893; Laws 1919, ch. 156, § 1; C.S. 1929, § 40-117; 1941 Comp., § 77-1817; 1953 Comp., § 75-19-17. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The 1919 amendment rewrote this section, which formerly provided for the appointment of commissioners by the court. The 1915 catchline was omitted from the 1919 amendment. Cross references. — For law regarding proclamations for elections, see 1-11-1 to 1-11-4 NMSA 1978.
NM Stat § 73-6-18 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-18 - [Qualifications of voters; application of general election laws.]

At such election and at all elections held under the provisions of this act [73-6-17 to 73-6-25, 73-6-33 NMSA 1978], all resident freeholders who are the owners of land within the proposed drainage district, or other evidences of title to such lands, who are qualified electors under the general election laws of the state, shall be entitled to vote, and none others. Insofar as applicable, the general election laws of the state, except requirements for registration, and except as in this act otherwise provided, shall govern all elections under this act. History: Laws 1919, ch. 156, § 2; C.S. 1929, § 40-118; 1941 Comp., § 77-1818; 1953 Comp., § 75-19-18. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — "This act" refers to Laws 1919, ch. 156, §§ 1-12, now compiled as 73-6-17 to 73-6-25 and 73-6-33 NMSA 1978. Cross references. — For definition of "resident freeholder," see 73-6-21 NMSA 1978. For general election laws, see Chapter 1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 319(2).
NM Stat § 73-6-19 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-19 - [Elected by plurality vote.]

At all elections held under the provisions of this act [73-6-17 to 73-6-25, 73-6-33 NMSA 1978], the commissioners or persons receiving the highest number of votes cast by the qualified electors of the district shall be declared to be elected. History: Laws 1919, ch. 156, § 3; C.S. 1929, § 40-119; 1941 Comp., § 77-1819; 1953 Comp., § 75-19-19. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-6-20 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-20 - [Ballots.]

For the first election to be held under the provisions of this act [73-6-17 to 73-6-25, 73-6-33 NMSA 1978], requisite ballots shall be provided under the direction of the board of county commissioners; and at all elections subsequent to the said first election, all such ballots shall be provided by the commissioners of the drainage district. History: Laws 1919, ch. 156, § 4; C.S. 1929, § 40-120; 1941 Comp., § 77-1820; 1953 Comp., § 75-19-20. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-6-21 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-21 - ["Resident freeholder" defined.]

Any person residing within any county in which any portion of a drainage or proposed drainage district shall lie, and who is the owner of agricultural land within the limits of the district, shall, for the purposes of this act [73-6-17 to 73-6-25, 73-6-33 NMSA 1978], be considered a resident freeholder. History: Laws 1919, ch. 156, § 5; C.S. 1929, § 40-121; 1941 Comp., § 77-1821; 1953 Comp., § 75-19-21. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-6-22 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-22 - [Determining and declaring result of election.]

On the second Monday next succeeding the first election provided for by this act [73-6-17 to 73-6-25, 73-6-33 NMSA 1978], the board of county commissioners shall meet and proceed to canvass the votes cast at such election and declare the result as by this act provided. History: Laws 1919, ch. 156, § 6; C.S. 1929, § 40-122; 1941 Comp., § 77-1822; 1953 Comp., § 75-19-22. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-6-23 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-23 - [Election precincts; polling places; election judges and clerks.]

For the purposes of the first election hereinbefore provided for, if, in the judgment of the board of county commissioners, it is necessary so to do, said board may establish election precincts and polling places in addition to the number of voting precincts provided by law, and define the boundaries thereof, and such precincts may thereafter be changed by the commissioners of such drainage district. In the event of additional election precincts and polling places being designated as aforesaid, judges of election for each such precinct shall be appointed, one of whom shall act as clerk of election. History: Laws 1919, ch. 156, § 7; C.S. 1929, § 40-123; 1941 Comp., § 77-1823; 1953 Comp., § 75-19-23. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-6-24 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-24 - [Time for holding second and subsequent elections; commissioners holding over.]

Regular elections of any such district shall be held on the first Tuesday after the first Monday of December of each second calendar year following the first election hereinbefore provided for, and the commissioners so elected at each of said elections shall hold their offices until their successors are elected and have qualified in accordance with the provisions of this act [73-6-17 to 73-6-25, 73-6-33 NMSA 1978]. History: Laws 1919, ch. 156, § 8; C.S. 1929, § 40-124; 1941 Comp., § 77-1824; 1953 Comp., § 75-19-24. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — For meaning of "this act", see the compiler's note following 73-6-18 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 C.J.S. Drains § 14.
NM Stat § 73-6-25 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-25 - [Commissioners; oath; bond; quorum; concurrence of majority.]

Before entering upon their duties, such commissioners shall take and subscribe an oath to support the constitution of the United States and the constitution of the state of New Mexico, to faithfully and impartially discharge their duties as such commissioners and to render a true account of their duties to the district court within whose district the said drainage district is located, whenever required by law or the order of the said court, and shall execute a bond running to the state of New Mexico to be filed with said clerk for the benefit of the parties interested, in an amount to be fixed by the said district court or presiding judge thereof, with sureties to be approved by the court or presiding judge, conditioned for the faithful discharge of their duties as such commissioners, and the faithful accounting for and application of all moneys which shall come into their hands as such commissioners. A majority shall constitute a quorum, and a concurrence of a majority in any matter within their duties shall be sufficient for its determination. History: Laws 1912, ch. 84, § 18; Code 1915, § 1894; Laws 1919, ch. 156, § 9; C.S. 1929, § 40-125; 1941 Comp., § 77-1825; 1953 Comp., § 75-19-25. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For annual report of commissioners, see 73-6-29 NMSA 1978. For report on necessity benefits and boundaries (preliminary report), see 73-6-33 and 73-6-34 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 C.J.S. Drains § 14 et seq.; 93 C.J.S. Waters § 128; 94 C.J.S. Waters § 345.
NM Stat § 73-6-26 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-26 - [Appointments to fill expired terms; time; notice.]

Appointments to fill expired terms in the office of drainage commissioners shall be made by the presiding judge of the district court of the county having jurisdiction of the drainage district at the courthouse therein, during the first ten days of September, or as soon thereafter as possible, on a day fixed by the court at least thirty days before such appointment is to be made and a written notice of the time fixed, mailed under direction of the court to each landowner of the district in each district in which such terms expire. History: Laws 1912, ch. 84, § 20; Code 1915, § 1896; C.S. 1929, § 40-126; 1941 Comp., § 77-1826; 1953 Comp., § 75-19-26. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — Laws 1919, ch. 156, provided for the election of drainage district commissioners and is presently compiled as 73-6-17 to 73-6-25 and 73-6-33 NMSA 1978. Section 73-6-24 NMSA 1978 provided for the regular election of commissioners. Laws 1919, ch. 156, § 11, repealed all provisions in conflict with that act. Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 C.J.S. Drains § 14.
NM Stat § 73-6-27 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-27 - [Commissioners; vacancies.]

Vacancies in the board may be filled by such judge at any time, the commissioners appointed to hold [office] for the residue of the unexpired term. The removal of any commissioner from the county or counties in which lands of such district are situated shall render his office vacant. History: Laws 1912, ch. 84, § 21; Code 1915, § 1897; C.S. 1929, § 40-127; 1941 Comp., § 77-1827; 1953 Comp., § 75-19-27. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For authority of court to remove commissioners, see 73-7-50 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 C.J.S. Drains § 14.
NM Stat § 73-6-28 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-28 - [Commissioners; accounts; records; vouchers.]

The commissioners shall keep an accurate record of all moneys collected on account of the work under their charge, and of all payments made by them, and shall take vouchers for such payments and shall keep full, accurate and true minutes of all their proceedings. History: Laws 1912, ch. 84, § 22; Code 1915, § 1898; C.S. 1929, § 40-128; 1941 Comp., § 77-1828; 1953 Comp., § 75-19-28. 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 § 15 et seq.
NM Stat § 73-6-29 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-29 - [Commissioners; annual report.]

On the first Tuesday of September of each year they shall file in the office of the clerk of the court having jurisdiction in the matter an itemized statement of all their receipts and disbursements and leave said report in such office for examination by parties interested at all times. History: Laws 1912, ch. 84, § 23; Code 1915, § 1899; C.S. 1929, § 40-129; 1941 Comp., § 77-1829; 1953 Comp., § 75-19-29. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-6-30 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-30 - [Commissioners; compensation; expenses.]

They shall receive for their services such compensation as the court or presiding judge thereof may determine. They shall also receive their actual reasonable expenses. History: Laws 1912, ch. 84, § 24; Code 1915, § 1900; C.S. 1929, § 40-130; 1941 Comp., § 77-1830; 1953 Comp., § 75-19-30. 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 § 15 et seq.
NM Stat § 73-6-31 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-31 - [Commissioners; court to control; contempt.]

They shall at all times be under the control and direction of the court or presiding judge, and shall obey its or his directions; failure [failing] so to do they shall forfeit their compensation and be dealt with summarily as for contempt. History: Laws 1912, ch. 84, § 25; Code 1915, § 1901; C.S. 1929, § 40-131; 1941 Comp., § 77-1831; 1953 Comp., § 75-19-31. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For punishment for contempt, see 34-1-2 NMSA 1978.
NM Stat § 73-6-32 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-32 - [Commissioners; bonds; liability.]

Suit may also be brought upon their bonds, in the name of the state and the amount recovered shall be applied to the construction of the work or to the party injured, as justice may require. History: Laws 1912, ch. 84, § 26; Code 1915, § 1902; C.S. 1929, § 40-132; 1941 Comp., § 77-1832; 1953 Comp., § 75-19-32. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For requirement that commissioners post bond, see 73-6-25 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 55. 28 C.J.S. Drains § 14.
NM Stat § 73-6-33 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-33 - [Commissioners; organization; examination of lands; report.]

Within ten days after said commissioner [commissioners] shall be elected and qualified they shall meet and organize by electing one of their number president and one secretary, and as soon as may be thereafter, they shall personally examine the lands in said district and make a preliminary report to the court, which report shall state: A. whether said proposed work is necessary, or would be of utility in carrying out the purposes of the petition; B. whether the proposed work would promote agricultural interests, and whether there are any lands described in said petition which would not be benefitted by such improvement; C. whether the total benefits from said proposed work will exceed the cost thereof together with the damages resulting therefrom; and in arriving at this they shall include all benefits and all damages resulting therefrom both within and without said district; D. said commissioners shall in said report fix as near as may be and report to the court the boundaries of said proposed drainage district. Said boundaries shall not be so changed from those in the petition as to deprive the court of jurisdiction by reason of not having on the petition the required number of signers owning land within said changed boundaries. History: Laws 1912, ch. 84, § 27; Code 1915, § 1903; Laws 1919, ch. 156, § 10; C.S. 1929, § 40-133; 1941 Comp., § 77-1833; 1953 Comp., § 75-19-33. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For commissioners' right of entry on lands, see 73-7-18 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Effect of incidental private benefit of eminent domain for drainage, 53 A.L.R. 21. 28 C.J.S. Drains § 37 et seq.
NM Stat § 73-6-34 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 6 - Drainage Districts; Formation|Section 73-6-34 - [Commissioners to report.]

If said proposed work as in the petition described, is not best suited to carry out the purposes of the petition the commissioners shall consider and base their report upon some other plan best suited to carry out those purposes and propose to the court the plan by them recommended. History: Laws 1912, ch. 84, § 28; Code 1915, § 1904; C.S. 1929, § 40-134; 1941 Comp., § 77-1834; 1953 Comp., § 75-19-34. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.