reglab/housing_qa huggingface dataset:
NM Stat § 73-7-27 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-27 - [Foreclosure proceedings for collection of delinquent assessments.]

Drainage districts organized under the provisions of Sections 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, may enforce the collection of delinquent drainage assessments heretofore or hereafter becoming delinquent as an additional and alternative remedy by proceedings in the district court of the county where the lands upon which the assessments are delinquent, or some part thereof, are situated, for foreclosure of the lien herein referred to and a sale of the land upon which the assessments or installments thereof and/or interest thereon are delinquent in the manner hereinafter provided. History: Laws 1927, ch. 131, § 3; C.S. 1929, § 40-403; 1941 Comp., § 77-1927; 1953 Comp., § 75-20-27. 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; 45 Am. Jur. 2d Irrigation § 66. 28 C.J.S. Drains § 126 et seq.; 94 C.J.S. Waters §§ 321, 336.
NM Stat § 73-7-28 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-28 - [Petition in foreclosure proceedings.]

Such foreclosure proceedings shall be by petition in equity as an action in rem filed by or in the name of the drainage district, and such petition shall aver the nonpayment of assessments or installments thereof and/or interest thereon with a description of the tracts or parcels of land upon which a lien or liens is claimed, the names of the owners and the amount of the delinquencies against the respective lands, indicating the amount of each such assessment, installment and/or interest then due, as to each tract or parcel of land, and shall pray for a judgment against each of said tracts or parcels of land and the foreclosure of the lien against the same by sale thereof. Any number of tracts or parcels of land upon which assessments, installments and/or interest may be claimed as a lien, may be included in the same petition. No error or insufficiency in said petition not going to the justice of the lien sought to be foreclosed shall invalidate the proceedings; and said petition may be amended at any time prior to entering of decree as equity shall require. History: Laws 1927, ch. 131, § 4; C.S. 1929, § 40-404; 1941 Comp., § 77-1928; 1953 Comp., § 75-20-28. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-7-29 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-29 - [Notice; publication; mailing; form.]

Upon the filing of said petition, notice of the pendency of such suit in the name of the clerk of the court in which said petition is filed shall be given by publication once a week for four consecutive weeks and by mailing a copy of such notice by registered prepaid postage addressed to each record owner of the lands described in the petition at the last known post-office address of such owner, and the affidavit of the attorney or agent of plaintiff shall be filed in said cause indicating the addresses of the record owners to whom such notice has been so mailed, or that any such address upon diligent inquiry could not be ascertained and is unknown, which affidavit shall be prima facie evidence of the facts therein stated. The last publication shall be not less than 30 days before application for judgment shall be made and said notice shall be given in some newspaper published in the county wherein the lands are situated, and if such lands are in more than one county, then in each of such counties, and may be in substantially the following terms: "____________________ Drainage District, vs. Delinquent Lands. All persons having or claiming an interest in any of the following described lands are hereby notified that suit is pending in the district court of _____ to enforce collection of certain drainage assessments on the lands herein described, which lands together with the amounts severally due are as follows, to wit: (Then should follow a list of delinquent lands and the total amounts due thereon respectively as aforesaid, and the names of the respective owners.) All persons or corporations interested in said lands are hereby notified that they are required by law to appear on or before the ___ day of ____ A.D __ at the place fixed by law for such court to convene, and make defense to said suit or the same will be taken as confessed and final judgment will be entered directing the sale of said lands for the purpose of collecting said assessments together with the interest and costs allowed by law. _________________________ Clerk of said Court." Such notice when published and served as aforesaid shall be equivalent to service of summons and shall confer jurisdiction upon the court to hear and determine said cause and to adjudicate the interests of all persons having any right or title in or to the land described therein. History: Laws 1927, ch. 131, § 5; C.S. 1929, § 40-405; 1941 Comp., § 77-1929; 1953 Comp., § 75-20-29. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For the procedures required for providing notice in the district court, see Rule 1-004 NMRA and commentary. For provisions on publication of notice, see Chapter 14, Article 11 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 66.
NM Stat § 73-7-30 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-30 - [Trial; equity procedure; costs and fees; time of payment of judgment.]

The suit shall stand for trial at the day named in such notice or as soon thereafter as the business of the court will permit. Such proceedings shall in all respects be conducted as provided by law for suits in equity and the court shall hear the cause as in other cases and enter its decree in accordance with the law and the practice of courts of equity. In all cases where notice has been properly given as aforesaid and where no answer has been filed, or if filed and the cause shall be decided for the plaintiff upon the hearing thereof, then the court by its decree shall enter judgment against each tract or parcel of land for the amount found due, together with all costs of the proceedings, which shall include a reasonable attorney's fee to be fixed by the court and taxed as a part of the costs, and such costs shall be apportioned among the several tracts or parcels of land which may be involved in one proceeding as the court may deem just and equitable. The court shall further fix a time not less than thirty nor more than ninety days from entry of such decree wherein the amount of such judgment against any such tract or parcel of land may be paid by any party interested and said decree shall provide that upon default of such payment the lien of such assessments shall be foreclosed by a sale of all lands upon which the judgment has not been paid. The court by its decree shall appoint a special master to carry out the decree, to whom the judgments shall be paid, and who in default of such payment shall advertise and sell such lands as herein provided, and shall fix the compensation of such special master as a part of the costs. The said decree shall be a joint and several decree as to each and all the several tracts or parcels of land against which the same is entered, and shall provide for interest at the rate of one percent per month on the amount found to be due until the date of sale. Provided, however, that no tract or parcel of land included in said decree shall be held liable for more than the amount due as assessed against that particular tract or parcel of land, including costs and interest as hereinbefore provided. History: Laws 1927, ch. 131, § 6; C.S. 1929, § 40-406; 1941 Comp., § 77-1930; 1953 Comp., § 75-20-30. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-7-32 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-32 - [Proceedings brought by bondholders; liability for costs and fees.]

In case the drainage commissioners shall consent thereto, or shall fail to commence proceedings to foreclose as aforesaid within twelve months after any assesments [assessments], installments and/or interest shall have become delinquent, then the holder of any bond or coupon issued by the drainage district against such assessment which shall have been in default six months shall have the right to bring and thereafter control such suits for the collection of delinquent assessments, installments and/or interest in the name of the drainage district, and for such purpose may recall from the county officers having charge of the same any assessments theretofore certified by the commissioners, and the proceedings in such suit brought by the holder of any such bond or coupon shall in all respects be governed by the provisions herein contained; provided however, that the drainage district shall not be made liable by virtue of such proceedings for any costs or attorney's fees, and no action shall be commenced by the holder of any bond or coupon, without the consent of the commissioners, until thirty days after demand made upon them to institute the same and then only upon leave of the court obtained after such notice to the commissioners as the court shall prescribe. History: Laws 1927, ch. 131, § 8; C.S. 1929, § 40-408; 1941 Comp., § 77-1932; 1953 Comp., § 75-20-32. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-7-33 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-33 - [Disposition of unsold lands.]

In any case where the lands are offered for sale, pursuant to such foreclosure proceedings, and there is no bid upon any tract or parcel of land, such unsold lands may be disposed of by the drainage commissioners at public or private sale at such price and upon such terms as the court may direct, subject to the right of redemption as herein provided. History: Laws 1927, ch. 131, § 9; C.S. 1929, § 40-409; 1941 Comp., § 77-1933; 1953 Comp., § 75-20-33. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-7-34 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-34 - Lands worth less than accumulated taxes and assessments; sale for best obtainable price; redemption; disposition of proceeds.

If it shall appear at any time that any tract or parcel of land covered by a certificate of sale held by any county acquired by it at general tax sale for taxes and/or drainage assessments cannot be sold for the amount of the accumulated taxes and assessments against the same, an action may be instituted upon petition to the district court by such district to inquire as to the value of such lands, and a copy of such petition shall be served upon the property tax division of the taxation and revenue department and upon the collector and treasurer of the county in which such lands are situated. If it shall appear upon the hearing of such petition that the lands cannot be sold for the amount of all accumulated general taxes and assessments against such lands, then the court shall order such lands sold as the court may direct at public sale after four weeks' notice by publication, for the best price obtainable, free and clear of all such taxes and assessments, but the owner or anyone interested in the title may redeem from such sale as provided in Section 73-7-31 NMSA 1978. The proceeds of such sale shall be divided pro rata between the county treasurer and the treasurer of said district in discharge of such taxes and assessments. History: Laws 1927, ch. 131, § 10; C.S. 1929, § 40-410; 1941 Comp., § 77-1934; 1953 Comp., § 75-20-34; Laws 1977, ch. 249, § 65. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For provisions on publication of notice, see Chapter 14, Article 11 NMSA 1978. The 1977 amendment substituted "property tax division of the taxation and revenue department" for "state tax commission" near the end of the first sentence and the specific statutory reference for "section 7 of this act" at the end of the second sentence.
NM Stat § 73-7-35 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-35 - [Lands sold at general tax sale; assignment of certificate to district for payment of taxes.]

Where lands have been heretofore sold at general tax sale for taxes and drainage assessments and the certificate is held by the county, such lands as to drainage assessments thereon shall be certified back to the drainage commissioners upon their demand, together with all penalties and interest accrued thereon, for collection and enforcement of all drainage assessments as provided by this act [73-7-25 to 73-7-35 NMSA 1978], but such certificate shall remain intact as to general taxes; and in cases where lands have been sold to the county as above stated, the district may if it desires pay the general taxes with interest and penalties and shall thereupon be entitled to an assignment of the certificate of sale and at the expiration of the time allowed by law for redemption shall be entitled to deed therefor if unredeemed. History: Laws 1927, ch. 131, § 11; C.S. 1929, § 40-411; 1941 Comp., § 77-1935; 1953 Comp., § 75-20-35. 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 § 126 et seq.
NM Stat § 73-7-36 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-36 - [Lands eliminated from drainage districts; private sale for best obtainable price; disposition of proceeds.]

In all cases where lands in such drainage districts have been sold or may hereafter be sold to satisfy delinquent drainage assessments and the interest or penalties thereon as provided by Sections 73-7-25 through 73-7-35 of said statutes [NMSA 1978] and have been bought in [sic] by the drainage districts as provided by Section 73-7-31 of said statutes [NMSA 1978] as amended by Chapter 26 of the Laws of 1933 if such lands are not worth the amount of the assessments accumulated against them, together with delinquent taxes and/or future assessments thereon, and in the opinion of the commissioners cannot be sold for sufficient to satisfy such sums, upon order of the district court of the county wherein such districts or any part thereof is situated, based upon a petition of the commissioners by and with the consent of the holder or holders of any bonds issued by the district, such lands may be eliminated from the drainage district and all assessments cancelled against the same and they may be sold by the commissioners at private sale for the best price obtainable, and the proceeds derived from such sale shall be divided pro rata between the county treasurer and the treasurer of said drainage districts in discharge of all such taxes and assessments. History: Laws 1934 (S.S.), ch. 3, § 2; 1941 Comp., § 77-1936; 1953 Comp., § 75-20-36. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-7-38 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-38 - [Refunding indebtedness.]

And the court may, on the petition of the commissioners authorize them to refund any lawful indebtedness of the district by taking up and cancelling all of its outstanding notes and bonds, as fast as they become due, or before, if the holders thereof will surrender the same, and issuing in lieu thereof new notes, or bonds of such district, payable in such longer time as the court shall deem proper, not to exceed in the aggregate the amount of all notes and bonds of the district then outstanding, and the unpaid, accrued interest thereon, and bearing interest not exceeding eight percent per annum. History: Laws 1912, ch. 84, § 65; Code 1915, § 1941; C.S. 1929, § 40-170; 1941 Comp., § 77-1938; 1953 Comp., § 75-20-38. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Districts to pay interest on matured bonds and coupons. — Legislature intended that drainage districts should pay interest on their bonds and coupons after maturity. Roswell Drainage Dist. v. Parker, 53 F.2d 793 (10th Cir. 1931). Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters §§ 327, 345.
NM Stat § 73-7-39 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-39 - [Authority to refund indebtedness of any kind; borrowing money; issuance of new bonds and notes.]

Drainage districts organized under the provisions of Sections 73-6-1 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 may refund all outstanding indebtedness whether evidenced by notes, bonds, coupons, judgments or other evidences of indebtedness in the manner provided by Section 73-7-38 NMSA 1978 of said statutes, and for such purpose may borrow the money necessary from any person or corporation willing to advance the same, or from the reconstruction finance corporation, or under the National Industrial Recovery Act [repealed] or any agency authorized by acts of congress to loan money for such purpose, and may issue new notes or bonds to evidence such indebtedness. History: Laws 1934 (S.S.), ch. 3, § 1; 1941 Comp., § 77-1939; 1953 Comp., § 75-20-39. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The National Industrial Recovery Act comprises the Act of June 16, 1933, 48 Stat. 195, ch. 90, and the Act of June 29, 1956, 70 Stat. 384, ch. 462, title I, § 113 (d). It was compiled as 15 U.S.C. § 701 et seq. and 40 U.S.C. § 401 et seq. Those sections have since been repealed. Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 345.
NM Stat § 73-7-40 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-40 - [Letting contracts; bids; notice.]

In all cases where the estimated cost of the work to be done at any one time under the direction of the commissioners shall exceed five hundred dollars [($500)], the same shall be let to the lowest responsible bidder, and the commissioners shall advertise for sealed bids, by notice published in some newspaper published in the county in which the petition is filed, and may advertise in one or more newspapers published elsewhere. If there be no newspaper published in the county in which the petition is filed, they shall advertise in some newspaper of general circulation in the district, which said notice shall particularly set forth the time and place when and where the bids advertised for will be opened, the kind of work to be let and the terms of payment. Said commissioners may continue the letting from time to time, if in their judgment the same shall be necessary, and shall reserve the right to reject any and all bids. History: Laws 1912, ch. 84, § 66; Code 1915, § 1942; C.S. 1929, § 40-171; 1941 Comp., § 77-1940; 1953 Comp., § 75-20-40. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For provisions on publication of notice, see Chapter 14, Article 11 NMSA 1978. Sufficient to publish notice for reasonable time. — The notice required need not be published for four weeks; publication for a reasonable length of time is sufficient. Stanley v. Wixon, 1918-NMSC-082, 24 N.M. 499, 174 P. 200. Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 C.J.S. Drains § 60 et seq.; 94 C.J.S. Waters § 350.
NM Stat § 73-7-41 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-41 - [Commissioners not to be interested in contracts.]

And they shall not during their term of office, be interested directly or indirectly in any contract for the construction of any drain, ditch or other work in such drainage district, or in the sale of materials therefor or in the wages of or supplies for men or teams employed on any such work in said district. History: Laws 1912, ch. 84, § 67; Code 1915, § 1943; C.S. 1929, § 40-172; 1941 Comp., § 77-1941; 1953 Comp., § 75-20-41. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 73-7-42 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-42 - [Damages; how paid.]

The damages allowed to the owners of lands shall be paid or tendered before the commissioners shall be authorized to enter upon such lands, for the construction of any drains or ditches proposed thereon. If the owner is unknown or there shall be a contest in regard to the ownership of the lands, or the owner will not receive payment, or there exists a mortgage or other lien against the same or the commissioners cannot for any other reason pay him, they may deposit the said damages with the clerk of the court, for the benefit of the owner, or parties interested, to be paid or distributed as the court shall direct and such payment shall have the same effect as the tender to and the acceptance of the damages awarded by the true owner of the land. This section shall not, however, prevent said commissioners, their agents, servants and employes [employees] going upon said lands to do any and all work found necessary prior to making their report thereof. History: Laws 1912, ch. 84, § 68; Code 1915, § 1944; C.S. 1929, § 40-173; 1941 Comp., § 77-1942; 1953 Comp., § 75-20-42. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Section provides for just compensation for such property as may be taken or damaged in the construction of a drainage system. In re Dexter-Greenfield Drainage Dist., 1915-NMSC-097, 21 N.M. 286, 154 P. 382.
NM Stat § 73-7-43 (2021)
2021 New Mexico Statutes|Chapter 73 - Special Districts|Article 7 - Drainage Districts; Construction, Operation and Maintenance|Section 73-7-43 - [Outside lands; when included.]

Whenever any lands outside a drainage district are receiving the benefits of the drains of said district, by direct or indirect, natural or artificial connection therewith, or are damaging those in the district, the commissioners of said district may report said facts to the court and ask that said lands, describing them, be brought into said district and assessed for the benefit by them received from the drains or ditches of said district, or damages inflicted. History: Laws 1912, ch. 84, § 69; Code 1915, § 1945; C.S. 1929, § 40-174; 1941 Comp., § 77-1943; 1953 Comp., § 75-20-43. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.