Section 73-15-12 - Change of official plan. - New Mexico Statutes

73-15-12. Change of official plan.

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 plan for all purposes.   

B.     Where such alterations or additions in the judgment of the court neither materially modify the general character of the work, nor materially increase resulting damages, for which the board is not able to make amicable settlement, nor increase the total cost more than ten (10%) percent above the [that] estimated in the official plan, no action other than a resolution of the board shall be necessary for obtaining the approval of such alterations or additions by an order of the court.   

C.     In case the proposed alterations or additions materially modify the general character of the work; or materially modify the resulting damages; or materially reduce the benefits, for which the board is not able to make amicable settlement; or materially increase the benefits in such a manner as to require a new appraisal; or increase the total cost more than ten (10%) percent, above that estimated in the official plan; the court shall direct the appraisers (which may be the original board, or a new board appointed by the court on petition of the board of directors) to appraise the property to be taken, benefited or damaged by the proposed alterations or additions.   

D.     Upon the completion of the report of the appraisers, notice shall be given and a hearing had on their report in the same manner as in the case of the original report of the appraisers; provided, that where a few property owners are affected, the clerk may, on order of the court, if found to be more economical and convenient, give personal notice as provided in said order of the pendency of the report of said appraisers, instead of notice by publication; and provided further, that when the only question at issue is additional damages or reduction of benefits to property, due to modification in or additions to the official plan, the board may, if practicable, make settlement with the owners of the property damaged, instead of having appraisals made by appraisers. In case such settlements are made, notice and hearing need not be had.   

E.     After district bonds have been sold, as hereinafter provided, in order that their security may not be impaired, no reduction shall be made in the amount of uncontested benefits appraised or costs assessed against any property in the district; but in lieu of any reduction in assessment, if by reason of a modification in or addition to the official plan an excessive assessment is made under the provisions of Section 504 [73-16-4 NMSA 1978] hereof, the excess shall be paid to the property owner in cash. This provision shall apply to all changes in appraisals under this act.