The court shall hear and determine whether or not the petition contains the signatures of twenty-five percent of the adult owners of lands within the said proposed district and who represent one-fourth in area of the lands proposed to be affected by said work and shall determine all questions of law arising on said contest. The district court in which such petition shall be filed or the judge thereof may adjourn the hearing from time to time for want of sufficient notice or to give time to prepare for trial or for other good cause.
History: Laws 1912, ch. 84, § 12; Code 1915, § 1888; Laws 1921, ch. 166, § 2; C.S. 1929, § 40-112; 1941 Comp., § 77-1812; 1953 Comp., § 75-19-12.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For finality of findings and orders and appeal to supreme court, see 73-6-41 NMSA 1978.
Right to withdraw name from petition. — Any person signing the petition has the right to withdraw his name at any time before the district court has finally acted upon the petition and determined that it is signed by the number required to create the drainage district. In re Bernalillo County Drainage Dist. No. 1, 1919-NMSC-004, 25 N.M. 171, 179 P. 233.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drains and Drainage Districts §§ 6, 12 et seq.; 45 Am. Jur. 2d Irrigation §§ 54, 55.
28 C.J.S. Drains §§ 28, 29.
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