On such petition being filed the court or judge thereof shall make an order fixing a time and place of hearing thereon and ordering notice; thereupon the clerk of said court, for the county in which the proceedings are instituted, shall cause twenty days' notice of the filings of such petition to be given:

1. A. by posting notice thereof in at least five public places in the district in which said work is to be done;
2. B. by serving or causing to be served a copy of such notice on each owner or reputed owner of land within proposed district, residing in any county in which any lands in said proposed district are situated either personally or by leaving a copy thereof at his last usual place of abode, with a person of suitable age and discretion, to whom its contents shall be explained; and

3. C. by publishing a copy thereof at least once a week for three successive weeks in some newspaper published in each county from which any part of the district is proposed to be taken. If there be no newspaper in any such county, such notice may be published in a newspaper of general circulation in the district.

   Such notice shall state:

4. A. in what court said petition is filed;
5. B. state briefly the starting points, routes and termini of said drains or ditches;
6. C. give a general description of the proposed work;
7. D. give the proposed boundaries of said district (or a general description of all the lands in said proposed district);
8. E. give the name proposed for said drainage district; and
9. F. shall also state the time and place by the court fixed when and where the petitioners will ask a hearing on said petition.

History: Laws 1912, ch. 84, § 4; Code 1915, § 1880; C.S. 1929, § 40-104; 1941 Comp., § 77-1804; 1953 Comp., § 75-19-4.

ANNOTATIONS

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

Cross references. — For service in the district court, see Rule 1-004 NMRA.

For posting, publication and mailing of notice unnecessary, see 73-6-7 NMSA 1978.

For general provisions regarding publication of notice, see Chapter 14, Article 11 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Sufficiency of statutory provision for notice and hearing, 84 A.L.R. 1098, 145 A.L.R. 1196.

28 C.J.S. Drains § 32 et seq.