A. In case two or more districts have been organized in a territory which, in the opinion of the board of each of the districts, should constitute but one district, the boards of the districts may petition the court for an order uniting said districts into a single district; provided, however, if such districts are contiguous, such petition may be signed and presented by the board of any one of such contiguous districts. Such petition shall be filed in the office of the clerk of the district court in and for that county which has the greatest valuation of property within the districts sought to be included, as shown by the tax rolls of the respective counties. Said petition shall set forth facts showing that the purposes of this act would be subserved by the union of said districts, and that such union would promote the economical execution of the purposes for which the districts were organized.
B. Upon the filing of said petition the court shall by order fix a time and place of hearing; and thereupon the clerk shall give notice by publication or by personal service to the board or boards of the district or districts which it is desired to unite with the district of the petitioners, which notice shall contain the time and the place of the hearing and the purpose of the same.
C. Upon the hearing, should the court find that the averments of the petition are true and that the said districts, or any of them, should be united, it shall so order, and thereafter such districts shall be united into one district and proceed as such. The court shall designate the corporate name of such united district, and such further proceedings shall be taken as provided for in this act. The court shall in such order appoint the directors of such united district, who shall thereafter have such powers and be subject to such regulations as are provided for directors in districts created in the first instance.
D. All legal proceedings already instituted by or against any of such constituent districts may be revived and continued against such united district by an order of the court substituting the name of such united district for such constituent districts, and such proceedings shall then continue accordingly.
E. Instead of organizing a new district from such constituent districts, the court may, in its discretion, direct that one or more of such districts described in the petition be included in another of said districts, which other shall continue under its original corporate name and organization; or it may direct that the district or districts so absorbed shall be represented on the board of directors of the original district, designating what members of the board of directors of the original district shall be retired from the new board, and what members representing the included district or districts shall take their places; or it may direct that the included district or districts shall become subdistricts of the main district.
F. In case the districts sought to be united were organized in different judicial districts, then the court to determine the question involved shall consist of one judge from each of the judicial districts in which each of the districts was organized, and a majority shall be necessary to render a decision. From such a decision, or from a failure to decide, any interested property owner may appeal to the district court of the county in which a district was organized having the largest assessed valuation. No action under the provisions of this section shall operate to interrupt or delay any proceeding under this act until the questions involved are finally determined.
History: Laws 1927, ch. 45, § 602; C.S. 1929, § 30-602; 1941 Comp., § 77-3002; 1953 Comp., § 75-31-2.
ANNOTATIONSCompiler's notes. — For the meaning of "this act", see the compiler's notes to 73-17-1 NMSA 1978.
Cross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA.
For scope of review of the district court, see Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 52A C.J.S. Levees and Flood Control § 19; 94 C.J.S. Waters § 319.