Leyba v. Armijo

Citations

• 11 N.M. 437
• 68 P. 939

Syllabus

<p>SYLLABUS.</p> <p>1. Certiorari is the proper remedy to bring up for review all the proceedings before a justice on condemnation of land for ditch purposes under Comp. Laws 1897.</p> <p>2. Comp. Laws 1897, sections 25, 26 provide that when any public* ditch, or part thereof, shall be destroyed, and it shall be impossible to construct it where it ran before, the mayordomo of such ditch, with the consent of a majority of the common laborers thereof, may cut through the lands of any person, by first obtaining the consent of the owner and offering to pay such compensation as may be agreed upon, and that if the owner shall refuse to accept the compensation offered by those interested in the ditch, or demand exorbitant compensation, the mayordomo shall lay the case before the justice of the peace of the precinct, who shall appoint experts to fix a compensation to be paid. Held, that the justice has no jurisdiction to appoint experts unless the petition shows that all the conditions exist as set forth in section 25, and that the owner had notice of the application.</p>