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Home » US Law » 2021 New Mexico Statutes » Chapter 73 - Special Districts » Article 7 - Drainage Districts; Construction, Operation and Maintenance » Section 73-7-25 – [Due date of assessments fixed by court order; collection; lien on lands.]

All drainage assessments and installments thereof with interest thereon heretofore or hereafter confirmed and made payable under and pursuant to 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, 73-7-40 to 73-7-56 NMSA 1978, shall be paid at the time and to the official as fixed by the order of the court which confirmed such assessments, and the collection and enforcement thereof shall be made by the drainage commissioners, their officers, agents and attorneys, but subject to and in accordance with the provisions of this act [73-7-25 to 73-7-35 NMSA 1978]. If such assessments against lands, or any installments thereof, with interest thereon, are not paid within thirty days from the date when due, such assessments shall thereafter bear interest at the rate of one percent per month on the amount then due. All drainage assessments and installments thereof with the interest thereon shall be a lien upon the lands assessed until paid or satisfied under the provisions of this act, and such lien shall not be affected by any sale of said lands for state and county taxes.

History: Laws 1927, ch. 131, § 1; C.S. 1929, § 40-401; 1941 Comp., § 77-1925; 1953 Comp., § 75-20-25.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Compiler’s notes. — “This act” refers to Laws 1927, ch. 131, § 1 to 11, now compiled as 73-7-25 to 73-7-35 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Superiority of special or local assessment lien for drains over earlier private lien or mortgage, where statute creating such special lien is silent as to superiority, 75 A.L.R.2d 1121.

94 C.J.S. Waters §§ 321, 343.