reglab/housing_qa huggingface dataset:
NM Stat § 4-49-19 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 49 - Bonds for Courthouses, Jails, Bridges, Hospitals and Libraries|Section 4-49-19 - [Redemption; notice; cancellation.]

It shall be the duty of the county treasurer to keep the interest and sinking fund account of the county separate and distinct, and when there are sufficient funds in his hands to the credit of the redemption fund to pay in full the principal and interest of any such bonds issued under this article by any such county, to immediately call in and pay as many of such bonds, with accrued interest thereon, as such funds in hand will liquidate, as hereinbefore provided. Such bonds shall be paid in the order of their number, and when it is desired to redeem any of such bonds the county treasurer shall cause to be published for thirty days in some newspaper at or nearest the county seat, a notice stating that certain county bonds by numbers and amounts will be paid on presentation, and that at the expiration of thirty days such bonds will cease to bear interest, and when any bonds or coupons issued under this article are redeemed, it shall be the duty of such treasurer to certify his action to the board of county commissioners, who shall cancel the bonds by punching holes through all the signatures of the bonds and coupons, so that they can be plainly identified, and cause record to be made of the same. History: Laws 1891, ch. 83, § 14; C.L. 1897, § 362; Code 1915, § 1169; C.S. 1929, § 33-3914; 1941 Comp., § 15-4615; 1953 Comp., § 15-49-18. ANNOTATIONSCross references. — For publication of notice generally, see 14-11-1 NMSA 1978 et seq.
NM Stat § 4-49-20 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 49 - Bonds for Courthouses, Jails, Bridges, Hospitals and Libraries|Section 4-49-20 - [Use of funds for specific purpose; misapplication; penalty.]

No bonds issued under this article, nor the proceeds thereof, shall be used for any other purpose than that for which they were issued. Any officer who shall apply the same to any other purpose shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than double the amount of the bonds so misapplied, and imprisoned not less than one year: provided, that the proceeds of such bonds may be applied for the redemption of the same. History: Laws 1891, ch. 83, § 15; C.L. 1897, § 363; Code 1915, § 1170; C.S. 1929, § 33-3915; 1941 Comp., § 15-4616; 1953 Comp., § 15-49-19. ANNOTATIONSCross references. — For purposes for which bonds issued, see 4-49-1 NMSA 1978. Interest from investments deemed part of proceeds. — General obligation bonds were issued by the county for the specific purpose of constructing and equipping a county detention facility. This is the purpose for which the voters approved the bonds. The interest from the investment of the proceeds may not be used for the construction of a juvenile detention home. State ex rel. Bd. of Cnty. Comm'rs v. Montoya, 1978-NMSC-013, 91 N.M. 421, 575 P.2d 605.
NM Stat § 4-49-21 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 49 - Bonds for Courthouses, Jails, Bridges, Hospitals and Libraries|Section 4-49-21 - [Failure to levy tax; mandamus.]

If for any cause the board of county commissioners or county clerk, or other authority of any county who is by law charged with the levying of taxes or placing the same upon the tax books, shall fail or neglect to make such levy or place the same in the tax books at the time herein provided, the holder or holders of any such bonds or coupons shall have the right by mandamus to compel the levy and collection of such taxes or the placing of the same on the said tax book. The writ of mandamus herein provided for may be granted either in term time or vacation, and the necessary jurisdiction for that purpose is hereby conferred. History: Laws 1891, ch. 83, § 16; C.L. 1897, § 364; Code 1915, § 1171; C.S. 1929, § 33-3916; 1941 Comp., § 15-4617; 1953 Comp., § 15-49-20. ANNOTATIONSCross references. — For mandamus generally, see 44-2-1 NMSA 1978.
NM Stat § 4-50-1 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 50 - Flood Control|Section 4-50-1 - County flood commissioner; appointment; salary.

Subject to the approval of the board of county commissioners, there is created the office of county flood commissioner in each county through which runs any river or stream which is subject to flood conditions destructive to property or dangerous to human life. County flood commissioners shall be appointed by the governor to serve for a term of two years, or until their successors are appointed and qualify, and they shall each receive a salary of one dollar ($1.00) a year payable from the county flood fund. History: Laws 1921, ch. 163, § 1; C.S. 1929, § 33-5001; 1941 Comp., § 15-4701; 1953 Comp., § 15-50-1; Laws 1967, ch. 238, § 8. ANNOTATIONSCross references. — For powers relating to flood and mud-slide hazard areas, see 3-18-7 NMSA 1978. For flood control in municipalities, see 3-41-1 NMSA 1978 et seq. For disaster relief emergency funds, see 6-7-1 to 6-7-3 NMSA 1978. For oath and bond of county officers, see 10-1-13 NMSA 1978. For the Arroyo Flood Control Act, see 72-16-1 NMSA 1978 et seq. For the Las Cruces Arroyo Flood Control Act, see 72-17-1 NMSA 1978 et seq. For the Flood Control District Act, see 72-18-1 NMSA 1978 et seq. For the Southern Sandoval County Arroyo Flood Control Act, see 72-19-1 NMSA 1978 et seq. Appointment of commissioner. — Appointment of a county flood commissioner is not subject to the approval of the county commissioners. The sole authority of the county commissioners in this regard is to approve the establishment of the office of county flood commissioner. Once such commissioners have exercised their discretion in approving the establishment of such an office, the sole power of appointment of a person to such office is then vested with the governor. 1960 Op. Att'y Gen. No. 60-134. Cooperation with cities and federal government proper. — A county and a city can enter into an agreement to cooperate in sponsoring a flood control project, and counties and cities can cooperate with the federal government and seek aid under the Watershed Protection and Flood Prevention Act (16 U.S.C. § 1001 et seq.). 1963 Op. Att'y Gen. No. 63-82 (opinion rendered under former law). Law reviews. — For article, "Existing Legislation and Proposed Model Flood Plain Ordinance for New Mexico Municipalities," see 9 Nat. Resources J. 629 (1969). Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability of municipality or other governmental subdivision in connection with flood-protection measures. 5 A.L.R.2d 57. 52A C.J.S. Levees and Flood Control § 21.
NM Stat § 4-50-3 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 50 - Flood Control|Section 4-50-3 - Inspection of rivers; construction of works; personnel; contracts for financing.

County flood commissioners may inspect rivers and streams in their respective counties where flood waters are liable to cause damage to property or life and in their discretion cause to be constructed and maintained dikes, embankments, dams, ditches or other structures or excavations necessary to control such flood water and protect life and property in their counties against loss and damage. County flood commissioners may employ engineering and other personnel, directly supervise or contract for the construction and maintenance of flood control works and do all other acts necessary to carry into effect the provisions of Sections 4-50-1 through 4-50-9 NMSA 1978. If the money in the county flood fund is insufficient to finance flood control projects and provide for maintenance, the board of county commissioners, upon the recommendation of the county flood commissioner, may contract with any federal or state agency for grants or loans for the purpose of construction and maintenance of dikes, dams, embankments, ditches and other structures and excavations. Any contract for borrowing funds from state or federal agencies may provide that annual installments of principal and interest on the debt shall be paid out of the appropriate account within the county flood fund. The provisions of Sections 6-6-11 through 6-6-18 NMSA 1978 shall not apply to contracts entered into with state or federal agencies for flood control projects under the provisions of this section. History: Laws 1921, ch. 163, § 3; C.S. 1929, § 33-5003; 1941 Comp., § 15-4703; 1953 Comp., § 15-50-3; Laws 1969, ch. 72, § 2. ANNOTATIONSCross references. — For limitation upon and payment of indebtedness and expenses, see 4-50-6 NMSA 1978. For county debt limit, see N.M. Const., art. IX, § 13. For finances of counties, municipalities and school districts generally, see 6-6-7 NMSA 1978 et seq. Powers of commissioners as to employment of personnel. — The county flood commissioner may do all acts necessary to carry into effect the terms of 4-50-1 to 4-50-9 NMSA 1978 and if employment of an attorney or an engineer or others for varied purposes to initiate or to carry through a program of flood control is reasonably necessary, such employment is authorized. 1952 Op. Att'y Gen. No. 52-5535. Power of commissioners to incur long-term indebtedness. — There is no prohibition against county flood commissioners incurring a long-term indebtedness for flood control purposes if such contract is entered into in good faith and pursuant to the county flood commissioners' statutory powers. 1968 Op. Att'y Gen. No. 68-78. So long as the county flood commissioners do not bind the county in a long-term lease under this section, to a debt for which the installment due during any one year cannot be paid in that year, the debt is binding and does not violate 4-50-6 NMSA 1978. 1968 Op. Att'y Gen. No. 68-78.
NM Stat § 4-50-4 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 50 - Flood Control|Section 4-50-4 - [Entry upon lands; damages; interference; misdemeanor; objections.]

Such county flood commissioners, their agents and employes [employees] shall have free and unobstructed ingress and egress to any and all lands and premises where such ingress and egress are necessary to the performance of the duties by this act [4-50-1 to 4-50-9 NMSA 1978] imposed, and shall not be liable for damages because of any such entry, except for wanton and malicious injury, and any person or persons obstructing such ingress or egress shall, upon conviction thereof, be found guilty of a misdemeanor. Provided, however, that no such dikes, embankments, dams and ditches, or other structures or excavations shall be constructed, built or maintained where written objection to such construction, building and maintaining are filed by the state engineer with any commissioner in charge thereof, and except in the manner as, after such objection, shall be approved by said state engineer. History: Laws 1921, ch. 163, § 4; C.S. 1929, § 33-5004; 1941 Comp., § 15-4704; 1953 Comp., § 15-50-4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For the Tort Claims Act, see 41-4-1 NMSA 1978 et seq. For state engineer generally, see 72-2-1 NMSA 1978 et seq.
NM Stat § 4-50-5 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 50 - Flood Control|Section 4-50-5 - Condemnation of property.

The county flood commissioners shall have the power to condemn property for the purpose of carrying Sections 4-50-1 through 4-50-17 NMSA 1978 into effect, upon petition to the district courts, and in the manner provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978]. History: Laws 1921, ch. 163, § 5; C.S. 1929, § 33-5005; 1941 Comp., § 15-4705; 1953 Comp., § 15-50-5; 1981, ch. 125, § 44. ANNOTATIONSCross references. — For eminent domain and condemnation generally, see N.M. Const., art. II, § 20, and 42A-1-1 NMSA 1978 et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 27 Am. Jur. 2d Eminent Domain § 81.
NM Stat § 4-50-6 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 50 - Flood Control|Section 4-50-6 - Limit on indebtedness; payment of expenses.

A. No expense or indebtedness shall be incurred by any county flood commissioner in excess of the amount of any annual levy, excepting where there may be remaining on hand funds arising from previous similar levies; provided, however, that where a board of county commissioners, upon the recommendation of the county flood commissioner, contracts to borrow funds from a state or federal agency or from the New Mexico finance authority for flood control projects and pledges the proceeds of the annual levies for their repayment, the amount which may be borrowed shall be limited by the terms of repayment so that no annual installment of principal and interest shall exceed eighty percent of the amount produced by the annual levy in the year preceding the signing of the loan agreement. B. All expenses and indebtedness incurred by any county flood commissioner under the provisions of Sections 4-50-1 through 4-50-9 NMSA 1978 shall be subject to the approval of the board of county commissioners. Upon the approval of the board, the expenses and indebtedness incurred shall be paid upon warrant drawn by the board of county commissioners, upon the filing by the county flood commissioner of vouchers for the expenditures and indebtedness with the board of county commissioners. The warrants shall be paid by the county treasurer out of the appropriate separate account within the county flood fund. The county clerk shall file and keep a record of all vouchers filed with the board of county commissioners by the county flood commissioner. History: Laws 1921, ch. 163, § 6; C.S. 1929, § 33-5006; 1941 Comp., § 15-4706; 1953 Comp., § 15-50-6; Laws 1961, ch. 72, § 1; 1969, ch. 72, § 3; 1997, ch. 79, § 2. ANNOTATIONSCross references. — For power of commissioners to contract for financing, see 4-50-3 NMSA 1978. For county debt limit, see N.M. Const., art. IX, § 13. For finances of counties, municipalities and school districts generally, see 6-6-7 NMSA 1978 et seq. For powers of flood commissioners to incur long-term indebtedness, see notes under 4-50-3 NMSA 1978. The 1997 amendment, effective June 20, 1997, in Subsection A, inserted "or from the New Mexico finance authority" near the middle and, in Subsection B, substituted "4-50-1 through 4-50-9 NMSA 1978" for "15-50-1 through 15-50-9 NMSA 1953" in the first sentence and deleted "or warrants" following "upon warrant" in the second sentence. Disbursement of flood moneys. — The county flood commissioner and not the board of county commissioners is under this section empowered to disburse county flood moneys. 1942 Op. Att'y Gen. No. 42-3986 (rendered under prior law).
NM Stat § 4-50-7 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 50 - Flood Control|Section 4-50-7 - [Report to county commissioners.]

Between the 15th day of December of each year and the succeeding first day of January each county flood commissioner shall make full and detailed report to the county commissioners of their respective counties, giving a detailed description of all work constructed, built or maintained by them during the current year, together with a full and true account of all expenditures made by such county flood commissioner. A copy of the report by this act [4-50-1 to 4-50-9 NMSA 1978] required shall be filed in the office of the state engineer. History: Laws 1921, ch. 163, § 7; C.S. 1929, § 33-5007; 1941 Comp., § 15-4707; 1953 Comp., § 15-50-7. ANNOTATIONSCross references. — For filing with county clerk of monthly statements of public moneys received and disbursed by county and precinct officers, see 10-17-4 NMSA 1978.
NM Stat § 4-50-8 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 50 - Flood Control|Section 4-50-8 - [Work in adjoining counties.]

The county flood commissioners are hereby authorized and empowered to jointly expend money with the county flood commissioners of adjoining counties, or to locate dikes, dams, embankments, ditches and other structures and excavations without their counties when such location is deemed necessary for the purpose of protecting property and lives in their counties. History: Laws 1921, ch. 163, § 8; C.S. 1929, § 33-5008; 1941 Comp., § 15-4708; 1953 Comp., § 15-50-8.
NM Stat § 4-50-9 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 50 - Flood Control|Section 4-50-9 - [Expenditure of funds raised under prior law.]

All county flood funds now on hand shall be held and disbursed subject to the provisions of this act [4-50-1 to 4-50-9 NMSA 1978]. All moneys in the county flood fund of the respective counties affected by this act, levied under the provisions of Section 1308 of the Compiled Laws of 1915, of the state of New Mexico, shall be held, applied and expended in accordance with the terms and provisions of this act. History: Laws 1921, ch. 163, § 9; C.S. 1929, § 33-5009; 1941 Comp., § 15-4709; 1953 Comp., § 15-50-9. ANNOTATIONSCompiler's notes. — Code 1915, § 1308, referred to in this section, is deemed to have been superseded by 4-50-2 NMSA 1978. Cross references. — For county flood fund, see 4-50-2 NMSA 1978.
NM Stat § 4-50-10 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 50 - Flood Control|Section 4-50-10 - [Emergency flood districts; establishment.]

Each county of the state through which runs any river, stream or arroyo subject to flood conditions destructive to property or dangerous to human life shall be by the board of county commissioners, within thirty days after the passage and approval of this act [4-50-10 to 4-50-17 NMSA 1978], divided into emergency flood districts, and said board shall set out the limits and boundaries of each said district, and cause the same to be properly numbered so that the same may be known and identified. History: Laws 1921, ch. 169, § 1; C.S. 1929, § 151-301; 1941 Comp., § 15-4710; 1953 Comp., § 15-50-10. ANNOTATIONSPower of county commissioners to redefine district boundaries. — The 30-day specification in this section should not be regarded as a limitation on the authority of county commissioners to redefine emergency flood district boundaries. 1973 Op. Att'y Gen. No. 73-36.
NM Stat § 4-50-11 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 50 - Flood Control|Section 4-50-11 - [Emergency flood superintendent; appointment; qualifications.]

It shall be the duty of the board of county commissioners to appoint an emergency flood superintendent for each of said districts. Each emergency flood superintendent shall be a citizen of the United States, and of the state of New Mexico, and shall have resided in the district for which he is appointed not less than two years. The term "superintendent" wherever used in this act [4-50-10 to 4-50-17 NMSA 1978] shall be construed to mean "emergency flood superintendent." History: Laws 1921, ch. 169, § 2; C.S. 1929, § 151-302; 1941 Comp., § 15-4711; 1953 Comp., § 15-50-11.
NM Stat § 4-50-12 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 50 - Flood Control|Section 4-50-12 - [Term, oath and bond of superintendent.]

The term of office of such superintendent shall be for a period of two years, and until his successor is appointed and qualified, and the board of county commissioners shall have power to remove such officer for any cause they shall deem sufficient. Within thirty days from the date of appointment each superintendent shall qualify by taking and filing with the county clerk an oath to faithfully perform his duties as such superintendent, and shall furnish a bond to the county to faithfully perform his duties and to account for all moneys collected by him, which bond shall be in the sum of two thousand dollars [($2,000)], with at least two good and sufficient sureties, to be approved by the board of county commissioners, and filed with the county clerk. History: Laws 1921, ch. 169, § 3; C.S. 1929, § 151-303; 1941 Comp., § 15-4712; 1953 Comp., § 15-50-12. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For bonds of public officers generally, see 10-2-1 NMSA 1978 et seq.
NM Stat § 4-50-13 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 50 - Flood Control|Section 4-50-13 - Emergency flood workers.

The superintendent, in all cases where property or life is threatened by flood waters, may, with the consent of the county commissioners, summon all or any part of the able-bodied male persons under the age of sixty years residing within his district and within five miles on each side of the flood river or stream, and require the persons summoned to work in the control and diversion of the flood waters not to exceed five days during any current year, as their services may be needed. All persons having teams may be required to appear and work with their teams for the required number of days as above provided. The services may be rendered in person, or by substitution, or the person summoned may pay in cash the sum of two dollars ($2.00) per day for each day's services required of him, and the sum of three dollars ($3.00) per day for each day's service required of any team belonging to him and summoned hereunder; however, no person or team summoned shall be required to work for more than one day until all of the persons and teams residing in the district have been required to either work or pay. History: Laws 1921, ch. 169, § 4; C.S. 1929, § 151-304; 1941 Comp., § 15-4713; 1953 Comp., § 15-50-13; Laws 1969, ch. 219, § 15.
NM Stat § 4-50-14 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 50 - Flood Control|Section 4-50-14 - [Service of notice, summons or calls for work; filing list.]

Said superintendent shall have the right to serve notice, summons or calls for work upon persons summoned and called hereunder. Such notice shall state time and place where such work is required, and the number of days' work required, and the teams required, and he shall make a correct list of the names of all persons and teams summoned and file the same with the county clerk. History: Laws 1921, ch. 169, § 5; C.S. 1929, § 151-305; 1941 Comp., § 15-4714; 1953 Comp., § 15-50-14.
NM Stat § 4-50-15 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 50 - Flood Control|Section 4-50-15 - [Failure to work or pay; penalty; use of fine money.]

Any person summoned and called to do work hereunder as above provided, who shall fail to appear and do said work or to furnish a substitute who shall appear and do said work, or pay to the superintendent the sum or sums herein provided in lieu of said work, shall be guilty of a misdemeanor and upon conviction therefor before any justice of the peace [magistrate] shall be fined in a sum not more than fifty dollars [($50.00)], or imprisoned in the county jail not more than thirty days, or suffer both such fine and imprisonment. All fines collected hereunder shall be deposited in the emergency district flood fund. History: Laws 1921, ch. 169, § 6; C.S. 1929, § 151-306; 1941 Comp., § 15-4715; 1953 Comp., § 15-50-15. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The office of justice of the peace has been abolished and all jurisdiction, powers and duties conferred by law upon justices of the peace have been transferred to magistrate courts. See N.M. Const., art. VI, § 31 and 35-1-38 NMSA 1978. Cross references. — For emergency district flood fund, see 4-50-16 NMSA 1978.