A. At the time of making its order organizing the district or at any time thereafter, the court, or board of judges as the case may be, in the manner provided shall appoint three appraisers (herein described and referred to as appraisers or the board of appraisers), whose term of office shall be until the […]
No property shall be taken until just compensation has been paid according to law. But where a trial by jury is demanded under the preceding section [73-15-9 NMSA 1978], the board may pay into court, in money, the amount allowed by the appraisers, with the costs, and thereupon the court shall make an order admitting […]
A. Upon the entry of the order of the court approving the report of the appraisers, the clerk shall transmit to the secretary a certified copy of the said order, and of the appraisals as confirmed by the court. B. When any proceedings on a trial had in any other court have been finally determined, […]
A. The board at any time, when necessary to fulfill the objects for which the district was created, may alter or add to the official plan; and when such alterations or additions are formally approved by the board and by the court, and are filed with the secretary, they shall become parts of the official […]
If property in any district organized under this act is not liable to assessment at the time of the execution of the work, but afterwards, during the period when such work is being paid for, become [becomes] liable to assessment, such property shall thereupon be appraised and assessed. History: Laws 1927, ch. 45, § 413; […]
In case any property within or without any district is benefited, which for any reason was not appraised in the original proceedings or was not appraised to the extent of benefits received; or in case any person or public corporation shall make use of or profit by the works of any district to a degree […]
A. No fault in any notice or other proceeding shall affect the validity of any proceeding under this act, except to the extent to which it can be shown that such fault resulted in a material denial of justice to the property owner complaining of such fault. B. In case it be found upon a […]
A. During the preparation of the official plan, the appraisers shall examine and become acquainted with the nature of the plans for the improvement and of the lands and other property affected thereby, in order that they may be better prepared to make appraisals. B. When the official plan is filed with the secretary he […]
A. If the appraisers find that land not embraced within the boundaries of the district will be affected by the proposed improvement, or should be included in the district, they shall appraise the benefits and damages to such land, and shall file a special report in court regarding the land which, in their opinion should […]
A. If the special report of the appraisers includes recommendations that land be included in the district, or that land be excluded from the district, the court shall by order, fix a place and time for hearing thereon, and thereupon the clerk of the said court shall cause notice by publication (Schedule Form V) [73-17-24 […]
A. The appraisers shall prepare a tabulated report of all of their findings which shall be bound in book form and shall be known as the conservancy appraisal record. Such record (Schedule Form VI) [73-17-24 NMSA 1978] shall contain the names of the owners of property appraised as they may appear on the tax rolls […]
A. Upon the filing of the report of the appraisers, the court shall by order fix places and times not less than thirty (30) days nor more than sixty (60) days after the report of the appraisers is filed, for hearing thereon, and thereupon the clerk shall cause notice by publication (Schedule Form VII) [73-17-24 […]
A. Any property owner may accept the appraisals in his favor of benefits and of damages and of land to be taken, made by the appraisers, or may acquiesce in their failure to appraise damages in his favor, and shall be construed to have done so unless he shall within ten (10) days after the […]
A. If it appear to the satisfaction of the court, after having heard and determined all exceptions, that the estimated cost of constructing the improvements contemplated in the official plans [plan] is less than the benefits appraised, then the court shall by order approve and confirm the report of the appraisers as so modified and […]
Whenever provision is made in this act for trial of any controversy by a jury, it shall be taken and construed to mean only those controversies in which trial by jury is guaranteed by the constitution of the state of New Mexico. All other controversies provided herein to be heard by the court or jury […]
