New Mexico § 73-6-39 [Commissioners report; trial; judgment; costs.]

New Mexico Statutes

§ 73-6-39 — [Commissioners report; trial; judgment; costs.]

New Mexico·Ch. 73 Special Districts·Art. 6 Drainage Districts; Formation

All issues arising upon said preliminary report shall be tried by the court without a jury. If the court shall find in favor of the remonstrance, or if said report be that the proposed work will not promote the agricultural interests, or that the benefits from said proposed work will not exceed the damages and cost of construction, and no remonstrance against said report is filed, the petition shall be dismissed and the costs taxed against the petitioners, and judgment entered therefor, as in Section 73-7-12 NMSA 1978, hereinafter provided.

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All issues arising upon said preliminary report shall be tried by the court without a jury. If the court shall find in favor of the remonstrance, or if said report be that the proposed work will not promote the agricultural interests, or that the benefits from said proposed work will not exceed the damages and cost of construction, and no remonstrance against said report is filed, the petition shall be dismissed and the costs taxed against the petitioners, and judgment entered therefor, as in Section 73-7-12 NMSA 1978, hereinafter provided.

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