Eccles v. Ditto

Citations

• 23 N.M. 235

Syllabus

<p>SYLABUS BY THE -COURT.</p> <p>1. Sections 265, 266, 267, and 268, Code 1915, which provide for the summary abatement of a public nuisance, viz., an artesian well which has been permitted by the owner to become and remain out of repair so that water is unnecessarily permitted to flow to waste, by the well supervisor created by the act, by entering upon the premises and repairing or plugging the well, is a valid exercise of the police power of the state, and is not violative of either the Constitution of the United States or of this stateé. P. 240</p> <p>2. Under such statute the lien imposed upon the well and land of the owner for the expense of such repair or plugging, where such well is permitted to become and remain out of repair, is not upon the theory of benefit to the owner, but is taxed as the cost and expense of abating a nuisance, and is fully justified by the authorities. P. 244</p> <p>3. Within reasonable limits there is no question but that the Legislature has the power to declare certain uses of property a nuisance, and such use thereupon becomes a nuisance per se. ' P. 244</p> <p>4.In the- exercise of the police power by the state, it may by statute provide that the cost of abating a nuisance shall be assessed against the property of the owner by whom it is maintained. P. 245</p> <p>5. Where a public officer is the representative of the public in that regard, and a public nuisance is maintained which injures the public, so represented by him, such officer may, wher'e authorized by statute, enter upon the lands and premises of the party guilty of maintaining such nuisance, provided he can do so in a peaceable manner, and remove or abate the nuisance, doing no greater injury than is necessary to accomplish the abatement of the nuisance. P. 247</p> <p>6. While the act in question authorized the well supervisor to repair or plug the well, if necessary, it is his duty to adopt the least expensive and most efficacious method,, and if such well can be plugg