[Commissioners report; trial; findings; confirmation.]

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But if the preliminary report be that the benefits of said proposed work (or work by the commissioners proposed) will exceed the damages and the cost of construction and that the agricultural interests will be promoted thereby, and no remonstrance thereto is filed, or if on the trial of the issues made on said report the court finds that the benefits will exceed the damages and cost of construction, and that the agricultural interests will be promoted by said proposed work, the court shall make and file such findings in writing and make an order confirming said report or directing amendment of the report to conform to the findings of said court. And when so amended the court shall by order confirm the same and direct said commissioners to proceed with said work with all convenient speed.

History: Laws 1912, ch. 84, § 34; Code 1915, § 1910; C.S. 1929, § 40-140; 1941 Comp., § 77-1840; 1953 Comp., § 75-19-40.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For findings and conclusions, see Rule 1-052 NMRA.


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