Section 3-33-13 - Improvement district; provisional order; protest; appeal to district court. - New Mexico Statutes

3-33-13. Improvement district; provisional order; protest; appeal to district court.

A.     At the hearing of the governing body on the provisional order creating an improvement district, an interested person or owner of property to be assessed for the improvement may file a written protest or objection questioning the:   

(1)     propriety and advisability of constructing the improvement;   

(2)     estimated cost of the improvement;   

(3)     manner of paying for the improvement; or   

(4)     estimated maximum benefit to each individual tract or parcel of land.   

B.     The governing body may recess the hearing from time to time so that all protestants may be heard.   

C.     Within thirty days after the governing body has, by adoption of a resolution:   

(1)     concluded the hearing;   

(2)     determined:   

(a)     the advisability of constructing the improvement; and   

(b)     the type and character of the improvement; and   

(3)     created the improvement district, a person who during the hearing filed a written protest with the governing body protesting the construction of the improvement may appeal the determination of the governing body pursuant to the provisions of Section 39-3-1.1 NMSA 1978.   

D.     Where no person has filed a written protest during the hearing and all owners of property to be assessed, upon conclusion of the hearing, submit to the governing body written statements in favor of the creation of the improvement district for the types and character of improvements indicated in the provisional order, those owners shall be deemed to have waived their right to bring any action challenging the validity of the proceedings or the amount of benefit to be derived from the improvements.