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Home » US Law » 2021 New Mexico Statutes » Chapter 76 - Agriculture » Article 7 - Noxious Weed Control

Section 76-7-1 – Short title.

This act [76-7-1 to 76-7-22 NMSA 1978] may be cited as the “Noxious Weed Control Act.” History: 1953 Comp., § 45-10-2, enacted by Laws 1959, ch. 243, § 1. ANNOTATIONS Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 51. Liability of private landowner for vegetation obscuring view at highway […]

Section 76-7-10 – Form of ballots.

The ballots for the creation of a weed control district shall be printed in the following form: BALLOT On the Question of Formation of ___________ Noxious Weed Control District.(Place “X” in one of the boxes below)For Noxious Weed Control District [ ]Against Noxious Weed Control District [ ]Signature of voter ___________________________________. History: 1953 Comp., § […]

Section 76-7-11 – Conduct of election; declaration of results.

A. The board of county commissioners having jurisdiction over the election shall create and define, by order, the voting precincts in the proposed district, and shall name the polling places within each district. The board of county commissioners shall also select and appoint the judges and other necessary officers for the conduct of the election. […]

Section 76-7-12 – District governing body.

The governing body of the noxious weed control districts shall be governed by [sic] the board of county commissioners of the county wherein the largest area of the proposed district is situated. History: 1953 Comp., § 45-0-13, enacted by Laws 1959, ch. 243, § 12. ANNOTATIONS Bracketed material. — The bracketed material was inserted by […]

Section 76-7-13 – Powers of district governing body.

The district governing body shall have the following powers: A. to determine, with the advice of the county agent, which noxious weeds shall be subject to control; B. to determine the method of control, either by spraying, cutting, burning, tillage or any other appropriate method; C. to prescribe the specific areas within the district on […]

Section 76-7-14 – Rules and regulations of district; penalty.

A. The district governing body is specifically authorized to promulgate rules and regulations requiring the cleaning of farm implements and machinery which are brought into the district or which are moved from one location to another within the district and to prescribe the method of disposition of materials taken from farm implements and machinery. B. […]

Section 76-7-17 – Enforcement of assessments.

Assessments by local district assessors shall be subject to the same delinquency period, discounts, penalties and interest as are applied to the collection of ad valorem taxes. The district governing body shall refer a delinquent assessment to a district attorney in the county of the land occupier’s residence. It shall be the duty of the […]

Section 76-7-18 – District expenses; employees.

The governing body of the district may incur all necessary expenses, within the limitations of the district assessment collections, which are in keeping with the purposes of the Noxious Weed Control Act [76-7-1 to 76-7-22 NMSA 1978]. The board may employ one or more inspectors, if it deems necessary, for the purpose of inspecting the […]

Section 76-7-19 – Addition or exclusion of lands of district.

A. Upon petition to the district governing body, by one or more landowners residing outside the district, asking for inclusion into the district of specified lands, the governing body of the district shall examine the petition, and after appropriate public hearings make a determination upon whether the petition shall be granted. The district governing body […]

Section 76-7-2 – Definitions.

As used in the Noxious Weed Control Act [76-7-1 to 76-7-22 NMSA 1978]: A. “noxious weed” means any weed or plant which the board of county commissioners acting as the governing body of the district, and with the advice of the county agent, declares to be harmful or to possess noxious characteristics; B. “landowner” means […]

Section 76-7-22 – Termination of the affairs of the district.

If the results of the election require the dissolution of the district and there is not on hand sufficient money to pay off all claims against the district and if the annual assessments already levied will not provide sufficient funds for the payment of claims, the board shall have the authority to levy and cause […]

Section 76-7-23 – Short title.

This act [76-7-23 to 76-7-30 NMSA 1978] may be cited as the “Noxious Weed Act of 1963.” History: 1953 Comp., § 45-10-24, enacted by Laws 1963, ch. 203, § 1. ANNOTATIONS Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 C.J.S. Agriculture § 70.

Section 76-7-24 – Definitions.

As used in the Noxious Weed Act of 1963 [76-7-23 to 76-7-30 NMSA 1978]: A. “board” means the board of regents of New Mexico state university; B. “noxious weed” means any species of plant which is liable to be detrimental or destructive, and difficult to control or eradicate; C. “seed” means any part of a […]

Section 76-7-25 – Administration and enforcement.

The Noxious Weed Act of 1963 [76-7-23 to 76-7-30 NMSA 1978] shall be administered and enforced by the board through the state department of agriculture. History: 1953 Comp., § 45-10-26, enacted by Laws 1963, ch. 203, § 3. ANNOTATIONS Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture §§ 21, 22. […]

Section 76-7-26 – Inspections.

The board or its agent may inspect any facility or ground where noxious weed seeds are sold, stored, transported or planted. History: 1953 Comp., § 45-10-27, enacted by Laws 1963, ch. 203, § 4. ANNOTATIONS Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture §§ 44, 45, 50. 3 C.J.S. Agriculture […]

Section 76-7-27 – Declaration of certain weed seeds as noxious.

Whenever the board receives a petition signed by twenty-five New Mexico landowners requesting that certain weeds be declared noxious, it shall hold a public hearing. At least ten days prior to the hearing, notice shall be published in at least one newspaper of general circulation in the state listing all the weeds alleged to be […]