Upon the filing of said petition for exclusion or upon the adoption of such resolution for exclusion by the board of directors, the secretary of said board shall cause notice of such petition, or resolution to be published, once, in some newspaper published in the county where the office of the board of directors is situated, and, if any portion of said district lies within another county or counties, then said notice shall be published in a newspaper published within each of said counties. Said notice shall state the filing of such petition or the adoption of such resolution, the description of the lands mentioned in said petition or resolution and which it is desired be excluded from such district and it shall notify all persons interested to appear at the office of said board at a time named in said notice and show cause in writing, if any they have, why said petition or resolution should not be finally granted or adopted. The time and place of hearing on said petition or resolution shall be at any regular or special meeting of said board of directors and at the established office and place of business of said board and shall be upon a date not earlier than five days after the publication of said notice. If said exclusion proceedings be initiated by the landowners by petitions, said petitioners shall advance to the secretary sufficient money to pay the estimated cost of all proceedings on such petition before the secretary shall be required to give such notice. A copy of said notice as published shall be by the secretary of said board mailed to each and all of the then owners of the tracts or parcels of lands proposed to be excluded from said district where said owners and their addresses are known, and in the event the owners of said lands or their addresses are not known, said notice shall be mailed and addressed to any last known owner of said parcel or parcels of land so proposed to be excluded and said notice shall be so mailed not later than five days prior to the date set for hearing.
History: Laws 1919, ch. 41, § 42; C.S. 1929, § 73-242; Laws 1935, ch. 36, § 5; 1941 Comp., § 77-2146; 1953 Comp., § 75-22-46.
Cross references. — For notice by publication, see 14-11-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 319.
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