[Duty of state engineer to produce papers and data in case; certified copies.]

Checkout our iOS App for a better way to browser and research.

It shall be the duty of the state engineer, upon being served with notice of appeal as aforesaid, to forthwith transmit or produce before the district court to which appeal may be taken the papers, maps, plats, field notes and other data in his possession affecting the matter in controversy, or certified copies thereof, which copies shall be admitted in evidence as of equal validity with the originals.

History: Laws 1907, ch. 49, § 64; Code 1915, § 5722; Laws 1923, ch. 28, § 2; C.S. 1929, § 151-174; 1941 Comp., § 77-602; 1953 Comp., § 75-6-2.

ANNOTATIONS

Cross references. — For self-authentication of certified copies of public records, see Paragraph D of Rule 11-902 NMRA.

For proof of official records, see Rule 11-1005 NMRA.

For the state engineer, see 72-2-1 NMSA 1978.

Section is not jurisdictional. — The procedures found in this section in no way help to take an administrative case out of the administrative framework; rather, they direct the action of the state engineer after jurisdiction with the district court has already been established. United Nuclear Corp. v. State ex rel. Martinez, 1994-NMCA-031, 117 N.M. 232, 870 P.2d 1390.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 327 et seq.


Download our app to see the most-to-date content.