New Mexico § 5-11-5 - Hearing on objections

§ 5-11-5. Hearing on objections

A. Any person claiming an interest in real property that the resolution discloses

is situated in the district may file a written objection with the clerk before 5:00

p.m. on the business day preceding the date and time set for the hearing. The objection may raise one or more of the following issues: (1) that the objector's property would not be substantially benefited, directly or

indirectly, from the public infrastructure improvements or enhanced services proposed

to be financed, as set forth in the general plan, and that the property should be

excluded from the district; (2) that the district should not be formed, stating the specific reasons; and (3) that the general plan should be modified, stating the reasons for modification. B. At the hearing, including any adjournments or continuances, the governing body

shall hear and pass on the written objections and the testimony and evidence presented

in support of or opposition to the objections. The hearing shall be either transcribed by a court reporter or recorded by a tape

recorder. The court reporter's transcript or a tape recording certified to be true and correct

by the clerk shall be filed or otherwise preserved in the official records of the

governing body. C. In furtherance of the hearing, the clerk, on written request being presented, shall

issue subpoenas or subpoenas duces tecum to compel the attendance and testimony of

any person or the submission of any documents at the hearing. Compliance with the subpoena shall be enforced as if the subpoena were issued by

a clerk of the state district court. D. Testimony at the hearing need not be under oath, unless requested by any owner

or required by the governing board. Requests by owners that the testimony be under oath must be made in writing and

be filed with, or served on, the clerk before the hearing begins or the request is

deemed waived. E. The minutes or a copy of a written transcript or a tape recording of the proceedings

of a hearing conducted pursuant to this section shall be open to public inspection

three working days after the conclusion of a hearing. Any person may request to examine or be furnished copies, printouts, photographs,

transcripts or recordings of a hearing during regular office hours of the governing

body. The custodian of the records shall furnish the copies, printouts, photographs, transcripts

or recordings and may charge a reasonable fee which does not exceed the actual cost

of reproducing the item requested.