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					These statutes were compiled in December 1999 from scanning
and editing of New Mexico statutes. Although much effort
went into the creation and checking of these files, mistakes may
exist. The statutes selected were ones thought to be important
to surveying. Other statutes related to surveying may exist.

Please use these files ONLY with the above caveats.

Dr. Steven M. Frank
Department of Surveying Engineering
New Mexico State University




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                                    CHAPTER 3 -- MUNICIPALITIES
                                     Article 19 -- Planning and Platting

Sec.                                                             Sec.
3-19-1.   Creation of p lanning commission.                     3-19-8. Appeal.
3-19-2.   Appointment, term, removal of co mmission.            3-19-9. Master plan; purposes.
3-19-3.   Chairman; regular meetings; records.                  3-19-10. Adoption of a master plan.
3-19-4.   Po wers of co mmission.                               3-19-11. Legal status of master plan.
3-19-5.   Planning and platting jurisdiction.                   3-19-12. Approval constitutes amendment to
3-19-6.   Subdivision regulations.                                       master plan.
3-19-7.   Platting of street lines by planning commission.

3-19-1. Creati on of pl anning commission.

A municipality is a p lanning authority and may, by ordinance:
  A. establish a planning co mmission;
  B. delegate to the planning commission:
   (1) the power, authority, jurisdiction and duty to enforce and carry out the provisions of law relating to
planning, platting and zoning; and
   (2) other power, authority, jurisdiction and duty incidental and necessary to carry out the purpose of
Sections 3-19-1 through 3-19-12 NM SA 1978;
  C. retain to the governing body as much of this power, authority, jurisdiction and duty as it desires; and
  D. adopt, amend, extend and carry out a general mun icipal or master plan wh ich may be referred to as the
general or master plan.

3.19-2. Appointment, term, removal of commission.

  A. A p lanning commission shall consist of not less than five members who shall be appointed by the
mayor with the consent of the governing body of the municipality. Ad min istrative officials of the
municipality may be appointed as ex-o fficio, nonvoting members of the planning commission.
  B. On the first planning co mmission a majority of the members shall be appointed for one -year terms and
the balance of the members shall be appointed for two-year terms. Each subsequent term of a member on a
planning commission shall be for t wo years or less in order to maintain the orig inal staggering of terms of
membership. A vacancy in the membership of the planning co mmission shall be filled for the remainder of
the unexpired term.
  C. After a public hearing and for cause stated in writing and made part of the public record, a mayor with
the approval of the governing body may remove a member of the planning commission.

3-19-3. Chairman; regular meetings; records.

A planning commission shall:
   A. elect one of its members chairman fo r a one-year term;
   B. create and fill other offices;
   C. hold at least one regular meeting each month;
   D. adopt rules for the transaction of business; and
   E. keep a public record of its transactions, findings, resolutions and determinations.

3-19-4. Powers of commission.

A. A planning co mmission shall have such powers as are necessary to:
    (1) fulfill and perform its functions;
    (2) pro mote municipal planning; and
    (3) carry out the purposes of Sections 3-19-1 through 3-19-12 NMSA 1978.
B. A planning co mmission may:
    (1) make reports and recommendations for the planning and development of the municipality to:
         (a) public officials and agencies;



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          (b ) public utility co mpanies;
          (c) civic, educational, professional and other organizations; and
          (d ) citizens; and
    (2) reco mmend to the administrative and governing officials of the municipality programs for public
improvements and their financing.
  C. Members and emp loyees of the planning commission, in the performance of its function, may :
    (1) enter upon any land;
    (2) make examinations and surveys; and
    (3) p lace and maintain necessary monuments and markers upon the land.
  D. Upon request, a public official shall furn ish within a reasonable time available information wh ich the
planning commission requires for its work.

3-19-5. Planning and pl atting jurisdiction.

  A. Each mun icipality shall have planning and platting jurisdiction within its municipal boundary. The
planning and platting jurisdiction of a municipality:
     (1) having a population of twenty-five thousand or more persons includes all territory with in five miles
of its boundary and not within the boundary of another munic ipality; or
     (2) having a population of less than twenty-five thousand persons includes all territory within three
miles of its boundary and not within the boundary of another municipality.
  B. If territory, not ly ing within the boundary of a munic ipality, is with in the planning and platting
jurisdiction of more than one municipality, the planning and platting jurisdiction of each municipality shall
terminate equidistant fro m the boundary of each municipality unless one municipality has a population of
less than two thousand five hundred persons and another municipality has a population of more than two
thousand five hundred persons according to the most recent census. Then the planning and platting
jurisdiction of the municipality having the greatest population extends to such territory.

3-19-6. Subdi vision regulations.

  A. The p lanning authority of a municipality shall adopt regulations governing the subdivision of land
within the planning and platting ju risdiction of the municipality. The s ubdivision regulations shall be
approved by the governing body before they become effective. The subdivision regulations may provide
for:
     (1) the harmonious development of the municipality and its environs;
     (2) the coordination of streets within the subdivision with existing or planned streets or other features
of the master plan or official map of the municipality;
     (3) adequate open space for traffic, recreat ion, drainage, light and air; and
     (4) the distribution of population and traffic which tend to create conditions favorable to the health,
safety, convenience, prosperity or general welfare of the residents of the municipality.
  B. Subdivision regulations may govern:
     (1) the width of streets;
     (2) the width, depth and arrangement of lots;
     (3) land use, including natural d rainage;
     (4) other matters necessary to carry out the purposes of the Municipal Code [Chapter 3 NMSA 1978];
and
     (5) the extent and manner in wh ich:
            (a) streets are graded and improved; and
            (b) water, sewer and other utility facilit ies are installed as a condition precedent to the approval
of a plat.
  C. The subdivision regulations or the practice of the planning commission may allo w tentative approval
of the plat previous to the completion of improvements and the installation of utility facilit ies but such
tentative approval shall not be entered on a plat. In lieu o f the comp letion of improvements and the
installation of utility facilities previous to the final approval of a plat, the subdivision regulations may
provide for:
        (1) assessment or other methods whereby the municipality makes the improvements and
installations at the cost of the owner of property within the su bdivision; or



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         (2) acceptance of a bond, in an amount and with surety and conditions satisfactory to the planning
commission, securing to the municipality the actual construction and installation of imp rovements and
utility facilities within a period of time specified by the planning commission and expressed in the bond. A
municipality may enforce such a bond by all appropriate and legal remed ies; or
         (3) in lieu of a bond, the municipality may enter into an agreement with a person se eking approval
of a subdivision whereby the person seeking approval shall, within two years following final approval of
the plat, comp lete the improvements and the installation of utility facilities provided for in the person’s
application for subdivision approval, except that the agreement set forth herein may provide that the person
seeking approval shall be permitted by the municipality to sell or otherwise dispose of, or improve any lot
within the subdivision, to which improvements and utility facilities have been provided by the person
seeking approval at any time within the two-year period; any such agreement shall be recorded with the
county clerk at the time of filing said plat.
  D. The governing body or planning commission of the municipality shall ho ld a public hearing on the
adoption of a subdivision regulation or an amendment to it. Notice of the time and place of the public
hearing shall be published once at least fifteen days prior to the date of the public hearing.
  E. If the requirement or restrict ion does not violate the zoning ordinance, the governing body or planning
commission of the municipality may agree with a person seeking approval of a subdivision upon the use,
height, area or bulk requirement or restriction governing buildings and premises within the subdivision.
The requirement or restriction shall:
          (1) acco mpany the plat before it is approved and recorded;
          (2) have the force of law;
          (3) be enforced; and
          (4) be subject to amend ment or repeal as the provisions of the zoning ordinance and map are
enforced, amended or repealed.

3-19-7. Platting of street lines by planning commission.

  A. A p lanning commission which has adopted a master plan or a major street plan may :
       (1) survey for the exact location of the lines of new, extended, widened or narro wed streets within
the municipality or its planning and platting jurisdiction; and
       (2) cert ify to the governing body of the municipality a plat of the area su rveyed which indicates the
location of lines reco mmended for future streets, street extension, street widening or narrowing.
  B. The certificat ion of a plat by the planning co mmission does not constitute the opening of a street or the
taking or accepting of land for street purposes.

3-19-8. Appeal.

  A. Any person, in interest:
         (1) dissatisfied with any order or determination of the planning commission; and
         (2) after review of the order or determination by the governing body of the municipality may
commence an action in the district court to vacate and set aside the order or determination on the ground
that it is unlawfu l or unreasonable.
  B. The court shall determine the issue from the evidence introduced, but the plaintiff h as the burden of
establishing a prima facie case. The court may grant relief by injunction, mandamus or any other
extraordinary remedy. In any action the complaint shall be served with the summons. Appeal may be
taken fro m the judgment as in other civ il cases.
  C. The trial shall be de novo and shall be governed by the rules of civil procedure of the district court.
  D. Except as provided in this section, all processes shall be served and the practice and rules of evidence
shall be the same as in civil action.

3-19-9. Master plan; purposes.

  A. The p lanning commission shall prepare and adopt a master plan for the physical development of the
municipality and the area within the planning and platting Jurisdiction of the municipality wh ich in the
planning commission's judgment bears a relationship to the planning of the municipality. The p lanning
commission may amend, extend or add to the plan or carry any part or subject matter into greater detail. In



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preparing the master plan, the planning commis sion shall make carefu l and co mprehensive surveys and
studies of existing conditions and probable future growth of the municipality and its environs. The plan
shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and
harmonious development of the municipality which will, in accordance with existing and future needs, best
promote health, safety, morals, order, convenience, prosperity or the general welfare as well as efficiency
and economy in the process of development. A mong other things, the master plan with acco mpanying
maps, plats and charts; descriptive and explanatory matter; and reco mmendations of the planning
commission for the physical development of the municipality, and for its planning jurisdiction, may
include:
        (1) the general location, character and extent of streets, bridges, viaducts and parkways; parks and
playgrounds, floodways, waterways and waterfront development, airports and other ways, grounds, places
and spaces;
        (2) the general location of public schools, public buildings and other public property;
        (3) the general location and extent of public utilities and terminals, whether publicly or privately
owned;
        (4) the general location, character, layout and extent of co mmunity centers and neighborhood units
and the replanning of blighted districts and slum areas; and
        (5) the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment or
change of use of any of the foregoing public ways, grounds, places, spaces, buildings, properties, utilities or
terminals.
  C. Cop ies of the master plan shall be available at the office of the municipal clerk and may be purchased
at a reasonable price.

3-19-10. Adoption of a master pl an.

  A. The p lanning commission may adopt:
       (1) the master plan by a single resolution; or
       (2) part of the master plan as work progresses on the master plan; provided the part corresponds with
one of the functional subdivisions of the subject matter of the plan. Before adoption of the master plan or
any part thereof, the planning commission shall hold at least one public hearing. Notice of the time and
place of the hearing shall be published one time at least fifteen days before the day of the hearing. Prior to
the publication of the notice, copies of the master plan shall be made available to any cit izen in the office of
the municipal clerk.
  B. Adoption of the master plan or any part, amend ment or addition to the master plan sha ll be by a
resolution approved by a majority of the members of the planning commission. The resolution shall refer
expressly to the maps, descriptive matter and other matters which the planning co mmission intends to form
part or the whole of the master plan. The action taken by the planning co mmission shall be recorded on the
master plan or the part of the plan and shall be endorsed by the chairman and the secretary of the planning
commission. A certified copy of the master plan or any part thereof approv ed by the planning commission
shall be given to the governing body of the municipality.

3-19-11. Legal status of master pl an.

  A After a master plan or any part thereof has been approved and within the area of the master plan or any
part thereof so approved, the approval of the planning commission is necessary to construct, authorize,
accept, widen, narro w, remove, extend, relocate, vacate, abandon, acquire or change the use of any:
       (1) park, street or other public way, ground, place or space;
       (2) public building or structure; or
       (3) utility, whether publicly or privately o wned.
   B. The failu re of the planning co mmission to act within sixty-five days after the submission of a proposal
to it constitutes approval of the proposal unless the proponent agrees to an extension of time. If the
planning commission disapproves a proposal, it must state its reasons to the governing body. The
governing body may overrule the planning commission and approve the proposal by a two -thirds vote of all
its members.
   C. None of the provisions of Chapter 3, Art icle 19 NMSA 1978 shall apply to any existing build ing,
structure, plant or other equip ment owned or used by any public utility or the right to its continued use or



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its reasonable repair or alteration for the purpose for which it was used at the time the master plan or any
part thereof affecting the property takes effect. after the adoption of the master plan or any part thereof
affecting the property, all extensions, betterments or additions to buildings, structures, plants or other
equipment of any public utility shall be made in conformity with the master plan or any part thereof
affecting the property and upon the approval of the planning commission. After a public hearing, the sta te
corporation commission or the New Mexico public utility co mmission or the regulatory agency having
jurisdiction or their successors having jurisdiction, as the case may be, may order that the extensions,
betterments or additions to buildings, structures , plants or other equipment are reasonable and that the
extensions, betterments or additions may be made even though they conflict with the adopted master plan
or any part thereof affecting the property.
   D. Any public agency or official, not under the jurisdiction of the governing body of the municipality,
authorizing or financing a public way, ground, place, space, build ing, structure or utility shall submit the
proposal to the planning commission. If the planning co mmission disapproves the proposal, t he board of
the public agency by a two-thirds vote of all its members or the official may overru le the planning
commission and proceed with the proposal subject to the provisions of Subsection C of this section.

3-19-12. Approval constitutes amendment to master plan.

  Every p lat approved by the planning authority is an amendment, addit ion or a detail of the master plan or
any part thereof adopted by the planning commission.


                                   CHAPTER 3 -- MUNICIPALITIES
                             Article 20 -- Subdi visions; Pl anning and Platting

Sec.                                                   Sec.
3-20-1.  Definitions.                                  3-20-9. Subdivision within platting jurisdiction of a
3-20-2.  Subdivision; description.                                county and municipality; dual
3-20-3.  Contents of plat; acknowledg ment.                      approval.
3-204.   Streets and alleys.                           3-20-10. Filing in o ffice of county clerk; duties of
3-20-5.  County and municipal jurisdiction over                 county clerk.
         subdivision; concurrent jurisdiction;         3-20-11. Ded ication for public use.
         acceptance of unapproved streets;             3-20-12. Vacation or partial vacation of plat;
         exercise of jurisdiction.                                approval of govern ment having
3-20-6. Subdivision in unincorporated area;                       jurisdiction; duties of county clerk.
         approval of county commission.                3-20-13. Vacation; rights of utility.
3-20-7. Subdivision within the platting jurisdiction   3-20-14. Penalties for transferring lots in
         of a municipality; approval of the plan-                unapproved subdivisions
         planning authority; procedure; filing fee;    3-20-15. Approval necessary for utility protection
         notice of hearing.                            3-20-16. Validation of deeds.
3-20-8. A lternate summary procedure.

3.20-1. Definiti ons.

  A. "Subdivide” or "subdivision" for the purpose of approval by a municipal p lanning authority means:
  (1) for the area of land within the corporate boundaries of the municipality, the division of land into two
or more parts by platting or by metes and bounds description into
tracts for the purposes set forth in Subsection B of this section; and
  (2) for the area of land within the municipal extraterritorial subdivision and platting jurisdiction, the
division of land into two or more parts by platting or by metes and bounds description into tracts of less
than five acres in any one calendar year for the purposes set forth in Subsection B of this section.
  B. The division of land pursuant to Paragraph (1) or (2) of Subsection A of this section shall be for the
purpose of:
  (1) sale fo r building purposes;
     (2) lay ing out a municipality or any part thereof;
     (3) adding to a municipality;



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     (4) lay ing out suburban lots; or
     (5) resubdivision.
C. "Plat" means a map, chart, survey, plan or replat cert ified by a licensed land surveyor containing a
description of the subdivided land with ties to permanent monu ments.

3-20-2. Subdi vision; descri ption.

  Every person who desires to subdivide land shall furnish a plat of the proposed subdivision, prepared by a
registered, licensed surveyor of New Mexico; except that the resubdivision of platted tracts, which are less
than one acre and which are contiguous with each Other, for the purpose of increasing or reducing the size
of such contiguous tracts, but not less than the minimu m standard size required by the polit ica l subdivision,
shall not require the furn ishing of a plat of the proposed resubdivision, provided that a certificate of survey
setting forth the legal description of tracts resulting fro m such resubdivision shall be filed with the
municipal planning co mmis sion, the county clerk and the county assessor of that county in which the
resubdivision is situated, and such filing shall be considered as a rededication of said described lots in all
respects. The plat shall refer to permanent monu ments and shall accurately describe each lot, nu mber each
lot in progression, give its dimensions and the dimensions of all land dedicated for public use or for the use
of the owners of lots fronting or adjacent to the land. Descriptions of the lots by number and plat
designation are valid in conveyances and for the purpose of taxation.

3-20-3. Contents of plat; acknowledg ment.

  Every p lat shall contain a statement that the subdivision of, [insert a correct description of the land being
subdivided], appearing on the plat is with the free consent and in accordance with the desire of the
undersigned owner and proprietor of the land and shall be acknowledged by the owner and proprietor or Ms
authorized agent in the manner required for the acknowledg ment of deeds. If the plat is filed by a
corporation, the acknowledg ment shall be made by its president and secretary.

3-20-4. Streets and alleys.

Streets and alleys in any subdivision adjoining a municipality shall be continuous with and correspond in
direction and width to the streets and alleys of the municipality.

3-20-5. County and munici pal juris diction over subdi vision; concurrent jurisdiction; acceptance of
unapproved streets; exercise of jurisdicti on.

  A. For the purpose of approving the subdivision and platting of land:
   (1) the jurisdiction of a county includes all territory not within the boundary of a municipality;
   (2) the jurisdiction of a municipality having a population of twenty -five thousand or more persons
according to the most recent census includes all territory within five miles of the boundary of the
municipality and not within the boundary of another municipality; and
   (3) the jurisdiction of a municipality having a population of less than twenty -five thousand persons
according to the most recent census includes all territory within three miles of the municipal boundary and
not within the boundary of another municipality. Each mun icipality shall have jurisdiction over the
territory within its boundary.
  B. If territory, not ly ing within the boundary of a municipality, is with in the platting jurisdiction of more
than one municipality, the platting ju risdiction of each municipality shall terminate equidistant fro m the
boundary of each municipality unless one municipality has a population accord ing to the most recent
census of less than two thousand five hundred persons and another municipality has a population according
to the most recent census of more than two thousand five hundred persons. Then the platting jurisdiction of
the municipality having the greatest population extends to such territory.
  C. The county and a municipality shall exercise concurrent jurisdiction over territory within the platting
jurisdiction of both the county and the municipality.
  D. The governing body of a munic ipality or the board of county commissioners may not locate, construct
or accept any street dedication until the street dedication is first submitted to the planning authority for
approval or disapproval. If disapproved by the planning authority, the street dedication may be approved



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by a two-thirds vote of all the members of the governing body of the municipality having jurisdiction or of
the board of county commissioners having jurisdiction. A street dedication accepted by the planning
authority or by a two-thirds vote of all the members of the governing body of the municipality having
jurisdiction or of the board of county commissioners having jurisdiction shall have the same status as any
other public street.

3-20-6. Subdi vision in unincorporated are a; approval of county commission.

  Before a plat of any subdivision with in the jurisdiction of a county is filed in the office o f the county
clerk, the plat shall be approved by the board of county commissioners of the county wherein the proposed
subdivision lies. The board of county commissioners shall not approve and sign a plat unless the:
   A. proposed streets conform to adjoin ing streets;
   B. streets are defined by permanent monuments to the satisfaction of the board of county commissioners;
and
   C. boundary of the subdivision is defined by permanent monuments.

3-20-7. Subdi vision within the platting jurisdicti on of a munici pality; approval of the pl anning
authority; procedure; filing fee; notice of hearing.

  A. Before a p lat of any subdivision within the jurisdiction of a mun icipality is filed in the office of the
county clerk, the plat shall be submitted to the planning authority of the municipality having ju risdiction for
approval.
  B. The rules and regulations of the planning authority shall state:
   (1) the scale and manner in wh ich the plat is to be prepared;
   (2) the number of copies of the plat wh ich shall acco mpany the original plat;
   (3) what other info rmation shall acco mpany the plat; and
   (4) the standards and regulations for subdivisions to which the planning authority may require the
subdivider to conform.
  C. The person submitting the plat shall pay the necessary filing fee to the municipality and the planning
authority, after approval and endorsement, shall file the plat with the county clerk. If the plat is not
approved, the planning authority shall return the filing fee and the plat to the person submitting the plat.
  D. A p lat submitted for approval by the planning authority shall contain the name an d address of the
person to whom a notice of hearing shall be sent. Notice of the time and place of a hearing on a plat shall
be sent by mail to the address on the plat not less than five days before the day of the hearing. No plat shall
be acted upon without a public hearing unless the requirement that a public hearing be held is waived by
the person seeking approval of the plat.
  E. The planning authority of a mun icipality shall approve or d isapprove a plat within thirty -five days of
the day of final submission of the plat. If the planning authority does not act within thirty -five days, the
plat is deemed to be approved and upon demand the planning authority shall issue a certificate approving
the plat. The person seeking approval of the plat may waiv e this requirement and agree to an extension of
this time period. The reason for disapproval of a p lat shall be entered upon the recordings of the planning
authority.
F. No plat of territory within the planning and platting jurisdiction of a mun icipality shall be filed and
recorded unless it has been approved by:
      (1) the planning commission and endorsed by the chairman and secretary of the planning co mmission;
or
      (2) the governing body and endorsed by the mayor and clerk of the mun icipalit y if the governing body
has reserved this power in creating the planning co mmission or if there is no planning commission.




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3-20-8. Alternate summary procedure.

 A. The filing of a survey certified by any licensed, registered surveyor which contains a description of the
subdivided land with ties to permanent monuments satisfies the requirements of Section 3 -20-7 NM SA
1978.
  B. In lieu of the requirements of Section 3-20-7 NMSA 1978, the fo llo wing procedure may be followed:
      (1) the planning authority shall establish a summary procedure for approving:
          (a) subdivisions of not more than two parcels of land;
          (b) resubdivisions, where the combination or reco mbination of portions of previously platted lots
does not increase the total number of lots; or
          (c) subdivisions of two or mo re parcels of land in areas zoned for industrial use;
      (2) any subdivision approved as authorized in this section shall be in substantial conformity with the
subdivision regulations of the planning authority;
      (3) any admin istrative officer or p lanning commission member may be delegated the authority to
approve a subdivision by this section;
      (4) approval by this summary procedure shall be endorsed on the plat or on the instrument of
conveyance in lieu of a plat and such approval shall be conclusive evidence of the approval of the planning
authority. The county clerk shall accept the instrument of conveyance for filing or recording.

3.20-9. Subdi vision withi n pl atting jurisdiction of a county and munici pality; dual approval.

 Any person seeking the approval of a plat of a subdivision within the platting ju risdiction of both a
county and municipality shall secure an endorsement of approval fro m both the board of county
commissioners and the planning authority of the municipality before the plat is filed in the office of the
county clerk.

3-20-10. Filing in office of county clerk; duties of county clerk.

  When a plat is submitted for filing in the office of the county clerk, the county clerk shall determine if the
proposed subdivision is subject to the provisions of Sections 3-20-1 through 3-20-15 NMSA 1978 and if
the required endorsements are on the plat. A county clerk shall not accept for filing any plat which is
subject to the provisions of the Municipal Code [Chapter 3 NMSA 1978) and which has not been approved
by the planning authority of the municipality within whose jurisdiction the proposed subdivision lies. The
plat shall contain an affidavit stating that the proposed subdivision does or does not lie within the planning
or platting jurisdiction of any municipality.

3-20-11. Dedication for public use.

 The endorsement and filing of a plat is a dedication of the land designated on the plat for public use.
Such land is public property. Fee vests in the municipality if the dedicated land lies within the boundaries
of a municipality.

3-20-12. Vacation or partial vacation of plat; approval of g overnment havi ng jurisdiction; duties of
county clerk.

  A. Any plat filed in the office of the county clerk may be vacated or a portion of the plat may be vacated
provided:
      (1) the owners of the land in the territory proposed to be vacated sign a statement, duly
acknowledged, declaring the plat or a port ion of the plat to be vacated; and
      (2) the statement is endorsed 'Approved' by the planning authority of the mun icipality within whose
platting jurisdiction the subdivision lies.
  B. In approving the vacation or partial vacation of a plat, the planning authority of the municipality shall
consider if the vacation or partial vacation of a p lat will adversely affect the interests or rights of persons in
contiguous territory or within the subdivision being vacated. In approving the vacatio n or partial vacation
of a plat, the planning authority of the municipality may require that streets dedicated to the municipality in
the original p lat shall continue to be dedicated to the municipality. The owners of lots on the vacated plat



                                                         9
or on the portion of the plat being vacated may enclose in equal proportions the adjoining streets and alleys
which are authorized to be abandoned by the planning authority of the municipality.
  C. The statement declaring the vacation or partial vacation of a p lat and having the proper endorsements
shall be filed in the office of the county clerk wherein the orig inal p lat is filed. The county clerk shall mark
the applicable wo rds 'Vacated' or 'Part ially Vacated" across the plat and shall refer on the plat to the volume
and page on which the statement of vacation or partial vacation is recorded.

3.20-13. Vacati on; rights of utility.

 The rights of any utility already existing shall not be affected by any vacation or partial vacation of a p lat.

3-20-14. Penal ties for transferring lots in unapproved subdi visions.

  Any owner, or agent of the owner, of any land located within the platting jurisdiction of the planning
commission of any municipality who transfers, sells, agrees to sell, or negotiates to sell the lan d by
reference to or exh ibit ion of or by other use of a plat or subdivision of the land before the plat has been
approved as provided in the Municipal Code [Chapter 3 NMSA 1978] and recorded in the office of the
appropriate county recorder, shall be guilty of a misdemeanor. Upon conviction, the owner or his agent
shall pay a penalty of one hundred dollars ($100) for each lot transferred or sold, or agreed or negotiated to
be sold.
  The description by metes and bounds in the instrument of transfer or oth er document in the process of
selling or t ransferring shall not exempt the transaction fro m such penalties. Any municipality, through its
attorney or other official designated by its governing body may enjoin the transfer or sale or agreement by
action for injunction or may recover the penalty by civil act ion.

3-20-15. Approval necessary for utility protecti on.

  Until a plat has been approved by the planning authority, any official of a mun icipality or public utility
company who shall serve or connect the land within the subdivision and within the planning and platting
jurisdiction of a municipality with any public utility such as water, sewer, electric or gas is guilty of a
misdemeanor. A municipality may require any utility connected in violation of this section to be
disconnected.

3-20-16. Validati on of deeds.

  All instruments conveying real property wh ich were voided solely under the provisions of Laws 1965,
Chapter 300, Section 14-19-13 [3-20-14 NM SA 1978], are validated. After the effective date of this
section, no court of this state has jurisdiction to entertain any question based upon the provisions of Laws
1965, Chapter 300, Section 14-19-13.


                                    CHAPTER 3 -- MUNICIPALITIES
                                      Article 29 -- S anitary Projects

Sec.
3-29-6. Board of directors; duties.

3-29-6. Board of directors; duties.

  The board of d irectors of each association shall be responsible for the acquiring or purchase of all
property, rights-of-way, equip ment and materials as may be necessary for the complet ion of the project, the
directors acting in behalf of the association and as its agents. The association, acting through its board of
directors, with the approval of the environmental imp rovement div ision, may exercise the right of eminent
domain to take and acquire the necessary property or rights-of-way for the construction, maintenance and
operation of water and sewer lines and related facilit ies, but such property and rights -of-way shall in all
cases be so located as to do the least damage to private and public property consistent with proper use and



                                                       10
economical construction. Such property or rights -of-way shall be acquired in the manner provided by the
Eminent Do main Code [42A-1-1 to 42A-1-33 NMSA 1978]. In accordance with Sect ions 42A-1-8 through
42A-1-12 NMSA 1978, engineers, surveyors and other persons under contract with the board for the
purposes of the project shall have the right to enter upon property of the state, its political subdivisions,
private persons and private and public corporations for the purpose of making necessary surveys and
examinations for selecting and locating suitable routes for water and sewer lines and facilit ies. Pay ments
for such services, purchases and other purposes as are necessary shall be made fro m the fund upon voucher
[vouchers] drawn by the secretary-treasurer of an association, approved by the division and supported by
warrant of the department of finance and administration drawn upon the state treasury.


                                   CHAPTER 3 -- MUNICIPALITIES
                                     Article 56 -- Regional Pl anning

Sec.                                                   Sec.
3-56-1. Short title.                                   3-56-6. Implementation of regional plans.
3-56-2. Creation of reg ional planning co mmission.    3-56-7. Termination of membership.
3-56-3. Membership and organization.                   3-56-8. Cooperation.
3-56-4. Staff.                                         3-56-9. Annual report of co mmission.
3-56-5. Powers and duties of regional p lanning
        co mmission.

3-56-1. Short title.

This act [3-56-1 to 3-56-9 NMSA 1978] may be cited as the 'Regional Planning Act."

3-56-2. Creati on of regional pl anni ng commission.

  A. A regional p lanning commission may be established as follows:
  (1) two or more mun icipalit ies, two or more ad jacent counties, or one or more counties and a
municipality or mun icipalit ies with in or adjacent to the county or counties may, by agreement among their
respective governing bodies, create a regional planning co mmission, if :
    (a) the municipality having the greatest population within the regional p lanning
area is a party to the agreement; and
    (b ) the number of counties and municipalities party to the agreement ,equals all of the total nu mber of
counties and municipalit ies within the region. The agreement shall
be effected through the adoption by each governing body concerned, acting individually, of
an appropriate resolution. A copy of the agreement shall be filed with the local government
division and the secretary of the department of finance and administration; or
  (2) any, municipality or county may, by legislative action of its governing body,
delegate any or all o f its planning powers and functions to a regional planning commission,
or a county and one or more municipalities may merge their respective planning powers and
functions into a planning commission in accordance with the provisions of the Regional
Planning Act [3-56-1 to 3-56-9 NMSA 1978].
  B. Any additional county, municipality or school district within the regional p lanning
area may become party to the agreement upon request of the regional planning co mmission.

3-56-3. Membership and organizati on.

  A. Membership of the regional p lanning commission shall consist of representatives fro m each
participating government, in nu mber and for terms specified in the agreement. Representatives are not
required to be members of the local governing body or district they represent but may be selected fro m
among residents of the area within its jurisdiction. A representative of the state government may be
designated by the governor to attend meetings of the commission.
  B. Members of the commission shall serve without compensation, but shall be reimbursed for expenses
incurred in pursuit of their duties on the commission pursuant to the Per Diem and Mileage Act [10 -8-1 to



                                                      11
10-8-8 NMSA 1978]. The co mmission shall elect its own chairman fro m among its members, and shall
establish its own rules and the committees it deems necessary to carry on its work. Co mmittees may have
as members persons other than members of the commission and other than elected officials. The
commission shall meet as often as necessary but no less than four times a year.
  C. The co mmission shall adopt an annual budget to be submitted to the participating governments which
shall each contribute to the financing of the commission according to a formu la specified in the agreement.
Subject to approval of the secretary of the department of finance and admin istration, a regional planning
commission may apply for, receive and utilize g rants or other aid fro m the federal govern ment or any of its
agencies or fro m any other source.

3-56-4. Staff.

  The regional planning co mmission shall appoint a director qualified by training and experienc e who
serves at the pleasure of the commission. The director is the chief ad ministrative and planning officer and
regular technical adviser of the commission, and shall appoint and remove the staff of the co mmission.
The director may make agreements with local planning agencies within the jurisdiction of the commission
for temporary transfer or jo int use of staff emp loyees and may contract for professional or consultant
services from other governmental and private agencies.

3-56-5. Powers and duties [of regional planning commission].

  The regional planning co mmission shall:
  A. prepare and fro m t ime to time revise, amend, extend or add to a plan or plans for the development of
the region. The plans shall be based on studies of physical, social, economic and governmental conditions
and trends, and shall aim at the coordinated development of the region in order to pro mote the general
health, welfare, convenience and prosperity of its people. The plans shall embody the policy
recommendations of the commission and shall include, but not be limited to:
  (1) a statement of the objectives, standards and principles sought to be expressed in the plan;
  (2) reco mmendations for the most desirable pattern and intensity of general land use within the regio n in
the light of the best available information concerning natural environ mental factors, the present and
prospective economic and demographic bases of the region, and the relation of land use within the reg ion to
land use in adjoining reg ions;
  (3) reco mmendations for the general circu lation pattern for the region, including land, water and air
transportation and communicat ion facilities whether used for movement within the region or to and fro m
adjoining areas;
   (4) reco mmendations concerning the need and proposed general location of public and private works and
facilit ies which, by reason of their function, size, extent or for any other cause, are of a regional, as
distinguished from purely local, concern;
  (5) reco mmendations for the long-range programming and financing of cap ital pro jects and facilities; and
  (6) other appropriate reco mmendations concerning current and impending problems wh ich may affect the
region;
  B. prepare studies of the region’s resources, both natural and human, with respect to existing and
emerging problems of industry, commerce, transportation, population, housing, agriculture, public service,
local govern ments and any other matters relevant to regional planning;
  C. collect, process and analyze at regular intervals social and economic statistics for the region necessary
to planning studies and make the results available to the public;
  D. part icipate with other government agencies, educational institutions and private organizations in the
coordination of regional research activities under Subsections B and C of this section;
  E. cooperate with, and provide planning assistance to, county, municipal o r other local governments,
instrumentalit ies or planning agencies within the reg ion and coordinate regional plannin g with the planning
activities of the state and of the counties, municipalit ies, special districts or other government units within
the regions, as well as neighboring regions, and the programs of federal depart ments and agencies;
  F. provide informat ion to officials of departments, agencies and instrumentalities of federal, state and
local govern ments, and to the public at large, in o rder to foster public awareness and understanding of the
objectives of the regional plan and the functions of regional and local p lanning, and to stimulate public
interest and participation in the orderly, integrated development of the region;



                                                      12
   G. receive and review for co mpatib ility with reg ional plans all proposed comprehensive land use,
circulat ion and public facilities plans and projects, zoning and subdivision regulations, official maps and
building codes of local govern ments in the geographic area and any amend ments or revisions thereof, and
make reco mmendations for their modification where necessary to achieve compatibility;
   H. review participating local government applications for capital project financial assistance fro m state
and federal governments, and comment upon their consistency with the regional develop ment plan; and
review and comment upon state plans for highways and public works within the area to pro mote
coordination of all intergovernmental activ ities in the reg ion on a continuing basis;
  I. exercise all other powers necessary and proper for the discharge of its duties; and
  J. when deemed desirable, exercise its powers jo intly or in cooperation with agencies or political
subdivisions of this state or any other state, with agencies of the United States, or with Indian reservations,
tribes or Pueblos, subject to statutory provisions applicable to interjurisdictional agreements.

3-56-6. Implementation of regional plans.

  All co mprehensive regional plans, as well as subdivisions and platting regulations, shall be approved by
the regional planning co mmission after public hearing an d certified by the commission to all local
governments and special districts within the reg ion. Notice of the public hearing by the regional p lanning
commission shall be published in a newspaper or newspapers of general circulat ion within the region, not
more than fifteen nor less than ten days before the date set for the public hearing. Part ies to the agreement
shall be the constituent agencies for imp lementing the plan.

3-56-7. Termi nation of membership.

  Any governmental member of the co mmission may terminate its membership after giv ing not less than
ninety days' notice in writ ing of its intention to withdraw The notice shall be served upon the chairman of
the commission personally or by mail. The n inety-day period begins to run from the date the notice is
received by the chairman. The withdrawal of a member does not abrogate or impair any contract or
commit ment previously made by the withdrawing governmental agency for the fiscal year.

3-56-8. Cooperation.

  Any local government or special d istrict within the reg ion may, and all part icipating local govern ments
and special districts shall, file with the regional p lanning commission all current and proposed plans,
zoning ordinances, official maps, building codes, subdivision regulations and project plans for capital
facilit ies and amend ments and revisions of any of them as well as copies of their regular and special reports
dealing with planning matters. Each governmental unit within the geographic area over wh ich a reg ional
planning commission has jurisdiction shall give the commission a reasonable opportunity to comment upon
any proposed plans, zoning, subdivision and platting ordinances, regulations and capital facilit ies projects
and shall consider any comments prior to adopting the plan, ordinance, regulation or project. By
appropriate revision of an agreement, the parties may require that, as a condition precedent to their
adoption, any or all proposed plans, zoning, subdivision and platting ordinances, regulations and capital
facilit ies projects of their respective jurisdictions be determined by the regional p lanning commission to be
in conformity with the relevant plan of the co mmission. The sole power to adopt proposed plans,
ordinances, regulations or projects remains with the local governing body or special district proposing
them.

3-56-9. Annual report [of commission].

  The regional planning co mmission shall submit an annual report to the chief executive
officers, legislat ive bodies and planning agencies of all local governments within the region
and to the governor.




                                                      13
                                         CHAPTER 4 - COUNTIES
                                        Article 1 -- Bernalillo County

Sec.                                                    Sec.
4-1-1. Original county boundaries.                      4-1-2. Change in south boundary.

4-1-1. [Original county boundaries.]

The boundaries of the county of Berna lillo are as fo llo ws: drawing a d irect line toward the east toward the
Bosque de los Pinos, touching the Canon Inferno, and terminating with the boundaries of the territory,
drawing a d irect line fro m the Bosque de los Pinos, crossing the Rio del Norte in the direct ion of the
Quelites del Rio Puerco, and continuing in the direction of the canon of Juan Tafoya, until it terminates
with the boundaries of the territory; on the north by the boundaries of Santa Ana and San Miguel; on the
east and west by the boundaries of this territory.

Compiler's notes. - The county of Santa Ana, which is referred to in this section, was created by Act
of Jan. 9, 1852, p. 292 (C.L. 1865, ch. 42, 1 8), which read: "The boundaries of the county of Santa Ana are
as follows: on the east and north by the boundaries of the county of Santa Fe; on the south from a point
above the last houses of Bernalillo, where the lands previously known as those belonging to the Indiana of
Santa Ana are divided, drawing a direct line toward the east over the mountain until It reaches the parallel
dividing the counties of San Miguel and Santa Fe, fro m said dividing point of the lands of the Indians of
Santa Ana, drawing a line westward crossing the Rio del Norte, and terminating with the boundaries of the
territory, are the boundaries of this county."
  The county of Santa Ana was abolished by Laws 1876, ch. 8, I 1, which read: "The county of Santa Ana in
this territory is hereby abolished; and all that portion of the territory of New Mexico heretofore embraced
and included within the limits of the said county of Santa Ana, is hereby incorporated into and
made a part of the county of Bernalillo."
  Bernalillo county, which originally touched both the east and west borders of the territory, has been
greatly reduced in size since its creation.
  The present boundaries of Bernalillo county may be as follows: commencing at the southwest corner of
section 34, township 8 north, range 5 east; thence east (description from 4 -30-1 NMSA 1978] on the
township line between townships 7 and 8 north to the southeast corner of township 8 north, range 7 east;
thence north on the range line between ranges 7 and 8 east to the northeast corner of township 8 north,
range 7 east, on the second standard parallel north; thence west on said standard parallel to the southeast
corner of township 9 north, range 6 east; thence north on the range line between ranges 6 and 7 east
(description from 4-Ml NMSA 1978 and 4-26-1 NMSA 1978] to the northeast corner of township 11 north
of range 6 east; thence west [description from 4-23-1 NMSA 1978] on the township line between townships
11 and 12 north to the boundary line of Valencia county (described in 4 -1-1 NMSA 1978 as being on the
straight line running from the Quelites del Rio Puerco (an old community on the Rio Puerco just below Its
Junction with the Rio San Jose) in the direction of the Canon of Juan Tafoya; thence in a south -
southeasterly direction along said boundary line to Its Intersection with a line directly west from the
Bosque de los Pinoo (township line between townships 7 and 8 north); thence east along said township line
toward the Bosque de los Pinos to the center of the Rio Grande; thence following the thread of the river
upstream in a northeasterly direction to a point immediately west of a point [description from 4-1 -2 NMSA
1978] on the east bank of the Rio Grande where the southern foot of the Loma de Islets strikes the Rio
Grande; thence easterly to the Canon del Infierno; thence following up the Canon del Infierno to the point
where it crosses the section line between sections 27 and 28 in township 8 north of range 5 east; thence,
south along section line to the point of beginning. [The Bernalillo -Valencia line from the Canon del
Infierno (Hell canyon) to the old boundary between the two counties is not defined by law. The accepted
boundary seems to be that described in the last two clauses above.]
  A change in the boundary between Santa Fe and Bernalillo counties was also made by Laws 1891, ch.
55 (Code 1915, 1063; C.S. 1929, 33-102; 1941 Comp., 15-101, n.) which read: "After February 25,
1891, the dividing line between the counties of Santa Fe and Bernalillo shall be as follows: commencing at
the southeast corner of township 9 north, of range 11 east, on the second correction line north, according
to the United States public land surveys in New Mexico; thence running west along said correction line
between townships 8 and 9 north, to the southwest corner of township 9 north, range 7 east, and from



                                                       14
thence north along the dividing line between ranges 6 and 7 east to a point due west of the northwest
corner of the tract of land known as the Mesita de Juana Lopez grant, as established by the surveys
made by the government of the United States; thence due east to said northwest corner; thence due north
1 mile to a point; thence due west to the said dividing line between ranges 6 and 7 east; thence north along
said dividing line to the northwest corner of the county of Sa;,ta Fe as at present established; it being
understood that all of the country adjacent to the above-described lines, from the point of
commencement on the south side and the west side thereof as far north as the present northern boundary
of the county of Bernalillo, shall hereafter be a part of the cou nty of Bernalillo."
  The sections in this article were compiled respectively in art. 1 and art. 25 of ch. 24 of the 1915
Code. They were not reenacted by their inclusion therein, but were compiled for convenience. See the
1915 Code, p. 1665.

4-1-2. [Change in south boundary.]

  All that portion of the county of Bernalillo situated south of a line co mmencing at a point
on the east bank of the Rio Grande where the southern foot of the Lo ma de Isleta strikes
the Rio Grande, and running thence to the Canon del Infierno, and then following the old
line of both counties to the east, shall be cut off fro m the county of Bernalillo, and included
within the county of Valencia. All the above-described land shall be annexed to and form
part of precinct nu mber fifteen of the county of Valencia.


                                         CHAPTER 4 - COUNTIES
                                         Article 2 -- Catron County

Sec.                                                     Sec.
4-2-1. County boundaries.                                4-2-3. Courthouse and jail bonds; repayment.
4-2-2. County seat; courthouse, jail and public          4-2-4. Road and bridge bonds.
       build ings.

4-2-1. [County boundaries.]

That the county of Catron is hereby created out of that portion of the state of New Mexico
lying and being situate within the following metes and bounds:
  beginning at the corner marking the southeast corner of township 9 south, range 9 west and the southwest
corner of township 9 south, range 8 west, New Mexico principal meridian and base lines, as shown by the
United States survey, and located on the north boundary of Sierra county; thence north on the range line
between range 8 west and range 9 west through townships 9, 8, 7 and 6 south, New Mexico principal
merid ian and base lines to the United States first standard parallel south line; thence west on said first
standard parallel south to the southeast corner of township 5 south, range 9 west, and the southwest corner
of township 5 south, range 8 west, New Mexico principal merid ian and base lines; thence n orth on the
range line between range 8 west and range 9 west, New Mexico principal merid ian and base lines, through
townships 5, 4, 3, 2 and 1 south to the New Mexico base line, United States survey; thence west on said
New Mexico base line to the southeas t corner of township 1 north, range 9 west and the southwest corner
of township 1 north, range 8 west, New Mexico principal merid ian and base lines; thence north on the
range line between range 8 west and range 9 west, New Mexico principal merid ian and bas e line through
townships 1, 2, 3 and 4 north, to the south boundary line of Valencia county; thence westerly along the
south boundary line of Valencia county to the boundary line between the states of New Mexico and
Arizona; thence southerly along said boundary line between the states of New Mexico and Arizona to a
point where the north boundary line of Grant county intersection said state boundary lines; thence easterly
along said north boundary line of Grant county to the western boundary line of Sierra c ounty; thence
northerly along the western boundary line of Sierra county to the northwest corner of Sierra county, and
thence easterly along the north [boundary] line of Sierra county to the place of beginning.




                                                       15
Compiler's notes. - Catron county was created out of the western portion of Socorro county.
  The boundary line between Catron and Valencia counties is in reality the section line 2 miles south of the
first standard parallel north.

4-2-2. [County seat; courthouse, jail and public buil dings.]

The county seat of said county of Catron shall be established at Reserve, in said county, and the board of
county commissioners of said county shall select and designate suitable and convenient places at said
county seat for the sites for the erection of a courthouse, jail and other public build ings of said county.

4-2-3. [Courthouse and jail bonds; repayment.]

The county of Catron may issue bonds for courthouse and jail purposes to an amount not exceeding fifteen
thousand ($15,000) dollars, which bonds shall be issued in the manner as provided by the constitution of
New Mexico, payable absolutely thirty years fro m their date and at the option of said county twenty years
fro m their date. (This section may be inoperative).

4.2-4. [Road and bri dge bonds.]

The county of Catron may issue bonds for the purpose of constructing and repairing public roads and
bridges in an amount not exceeding twenty-five thousand ($25,000) dollars, which bonds shall be issued in
the manner as provided by the constitution of New Mexico, payable absolutely thirty years fro m their date,
and at the option of said county twenty years fro m their date. (This section may be inoperative).


                                        CHAPTER 4 - COUNTIES
                                        Article 3 -- Chaves County

Sec.                                                    Sec.
4-3-1. Orig inal county boundaries.                     4-3-3. Addition to Chaves county.
4-3-2. Divid ing line between Chaves and Eddy.         4-3-4. County seats.

4-3-1. [Original county boundaries.]

  That the counties of Chaves and Eddy are hereby created out of all that portion of Lincoln county, lying
eastward of a line drawn through said county as follows, to wit: co mmencing at the northern boundary line
of the county of Lincoln on the line between, ranges nineteen and twenty east; thence so uth on said line to
the base line; thence south along the range line between ranges nineteen and twenty east to the first
standard parallel south; thence east to the point where the range line between ranges twenty and twenty -one
east, south of said first standard parallel intersects said parallel; thence south on the line between said
ranges twenty and twenty-one to the second standard parallel south; thence south to the southeast corner of
township eleven, south of range twenty. east; thence west to the line between ranges twenty and twenty-one
south of the second standard parallel, south; thence south to the third standard parallel south along the
range line between ranges twenty and twenty-one to intersect the third standard parallel, south; thence east
along said parallel to where the line fro m the south side of same between ranges twenty -one and twenty-
two intersect said parallel; thence along said range line between ranges twenty -one and twenty-two to the
fourth standard parallel south; thence west along said parallel to the point where the line between ranges
twenty-one and twenty-two south of said parallel intersects said parallel, and thence south on said line to
the north boundary of the state of Texas.

Compiler's notes. - This section is also compiled as 4-&l NMSA 1978 as it relates to Eddy county.
 The boundary lines of Chaves and Eddy counties have been changed since the counties were created. De
Baca and Roosevelt counties were created out of northern and eastern portions of Chaves county, a nd
Lea county was created out of the eastern portions of both Chaves and Eddy counties. The western bound -
aries of these counties were changed by 4-3-3 and 4-8-3 NMSA 1978. The boundary line between Chaves
and Eddy counties remains the third standard parallel south as provided in 4-3-2 NMSA 1978.



                                                      16
  The present boundary of Chaves county would seem to be as follows: commencing with the northwest
corner of township 3 south of range 20 east; thence east [description from 4 -&l NMSA 1978] on the
township line to the northeast corner of township 3 south of range 20 east; thence south on the range line
to the southeast corner of township 3 south of range 20 east; thence east on the township line to the
southwest corner of township 3 south of range 27 east; thence north on the range line between ranges 26
and 27 east to the northwest corner of township 3 south of range 27 east; thence east on the township line
to the northeast corner of township 3 south of range 29 east [description from 4 -22-1 NMSA 1978]; thence
south on the range line between ranges 29 and 30 east to the southeast corner of of township 5 south of
range 29 east [description from 4-22-1 NMSA 1978]; thence east on the said township line which is also
the first standard parallel south the northeast corner of township 6 south of range 31 east; thence south on
the range line to the southeast corner of township 7 south of range 31 east; thence east on the township line
to the northeast corner of township 8 south of range 33 east; thence south on the rang e line between ranges
33 and 34 east to the southeast corner of township 8 south of range 33 east; thence west [description from
4-13-1 NMSA 1978) on the township line between townships 8 and 9 south to the northeast corner of
township 9 south of range 31 east; thence south between ranges 31 and 32 east to the second standard
parallel south; thence west on said standard parallel to the northeast corner of township 11 south of range
31 east; thence south between ranges 31 and 32 east to the third standard pa rallel south; thence west on
the third standard parallel south [description from 4-3-2 NMSA 1978] to the range line between ranges 20
and 21 east, south of the third standard parallel south; thence south [description from 4 -8-3 NMSA 1978]
on said range line to the fourth standard parallel south; thence west [description from 4 -3-3 NMSA 1978]
on said standard parallel to the range line between ranges 15 and 16 east; thence north on said range line
to the third standard parallel south; thence east on said standard parallel to the range line between ranges
16 and 17 east, north of the third standard parallel south; thence north on said range line to the township
line between townships 13 and 14 south; thence east on said township line to the range line between ranges
20 and 21 east; thence north [description from 4-3-1 NMSA 1978] on said range line to the northwest
corner of township 12 south of range 21 east; thence east on the township line between townships 11 and
12 south to the southwest corner of township 11 south of range 21 east; thence north on the range line
between ranges 20 and 21 east to the second standard parallel south; thence north on the range line
between ranges 20 and 21 east to the first standard parallel south; thence west on said standard p arallel to
the range line between ranges 19 and 20 east, north of the first standard parallel south; thence north on
said range line to the point of beginning.
  The sections in this article comprised art. 2 of ch. 24 of the 1915 Code. They were not reen acted by the
inclusion therein, but were compiled for convenience. See the 1915 Code, p. 1665.
  Section 2 of Laws 1889, ch. 87, read: "All that part of Lincoln county on the west side of the line
described in the preceding section [compiled as 4-3-1 and 4-8-l NMSA 1978] shall be and remain in the
county of Lincoln.

4-3-2. [Di vi ding line between Chaves and Eddy.]

  All that part of the territory of Lincoln county east of said line and north of the third standard parallel
south shall be and constitute the county of Chaves, and the remaining territory east of said line and south of
said third standard parallel south, shall be and constitute the county of Eddy.

4-3-3. [Addi tion to Chaves county.]

  The western boundary of the county of Chaves is hereby changed so as to include within said county of
Chaves all that portion of Lincoln county, lying south of the line between townships thirteen and fourteen
south, of the second standard parallel south on the north, and the fourth standard parallel south on the south,
and the range line between ranges between and sixteen east, south of the third standard parallel south and
sixteen and seventeen east south of the second standard parallel south on the west and the western boundary
line of the county of Eddy on the east.

4-3-4. [County seats.]

  The county seat of the county of Chaves shall be in the town of Roswell in said county and the county
seat of Eddy shall be in the town of Carlsbad in said county.



                                                      17
                                         CHAPTER 4 - COUNTIES
                                         Article 3A -- Ci bola County

Sec.                                                    Sec.
4-3A-1. Cibola county created.                          4-3A-2. County seat.

4-3A-1. Ci bol a county created.

   The county of Cibola is hereby created out of that part of Valencia county lying westerly of the
following described line:
   begin on the southerly boundary fine of Valencia county at its intersection with the line co mmon to
ranges 3 and 4 west, N.M.RM.; then northerly along the line between ranges 3 and 4 we st to the
intersection with the line co mmon to townships 8 and 9 north; then easterly along the line between
townships 8 and 9 north and along the easterly prolongation of this line to its intersection with the westerly
boundary line of Bemahllo county, the point of termination.

4-3A-2. County seat.

  The county seat of Cibola county shall be established at the municipality of Grants. The board of county
commissioners of Cibola county after their appointment as provided in this act [4 -3A- 1 to 4-3A - 14 NMSA
1978], shall select, designate and acquire a tract of land within that city as a place upon which shall be built
the courthouse and public buildings of the county of Cibola.


                                         CHAPTER 4 - COUNTIES
                                         Article 4 -- Colfax County

Sec.                                                    Sec.
4-4-1. Original county boundaries.                      4-4-3. Change in part of southern boundary
4-4-2. Southern boundary.

4-4-1. [Original county boundaries.]

 All that part of the territory co mprised within the fo llo wing limits, to wit : to the north and east by the
boundaries of the territory of New Mexico; to the south the boundaries of the grant made to Carlos
Beaubien and Guadalupe Miranda, and known as the Rayado grant, and on the west the boundaries of the
county of Taos, shall form and constitute a new county to be kn own as, and called, Colfax county.

Compiler's notes. - Colfax county was formed fro m the northern part of Mora county.
  The boundary with Taos county is described in 4-18-2 NMSA 1978 and the compiler's notes under
4-29-1 NMSA 1978.
  The north boundary is the state line.
  The southern and eastern boundaries may be described as follows: commencing on the eastern boundary
of Taos county at the point of its intersection with the township line between townships 23 and 24 north
of the base line; thence east [description from 4-4-3 NMSA 1978] on said township line to the northwest
corner of township 23 north of range 20 east; thence south on the range line between ranges 19 and 20
east
to the center of township 23 north; thence east [description from 4 -4-2 NMSA 1978] through the center of
township 23 north to the range line between ranges 27 and 28 east; thence north (description from 4 -31-1
NMSA 1978] on said range line to the state line.
 The sections in this article comprised art. 3 of ch. 24 of the 1915 Code. They were not reenacted by the
inclusion therein, but were compiled for convenience, See the 1915 Code, p. 1665.




                                                       18
4-4-2. [Southern boundary.]

  That the boundary line between Mora and Colfax counties be and is hereby established, to wit: startin g at
a point on the eastern boundary of New Mexico and about fifty -three miles south of the northeast corner of
New Mexico, and running west through the center of township twenty -three north from the base line as
established by government survey to the wes tern boundary of the counties of Mora and Colfax.

Compiler's note. - This boundary west of the range line between ranges 19 and 20 east has been changed
by 4-4-3 NMSA 1978.

4-4-3. [Change in part of southern boundary.]

  The north line of township twenty-three north, along ranges fifteen, sixteen, seventeen, eighteen and
nineteen east, as shown by approved United States surveys, shall be the divid ing line between Co lfax
county on the south, Mora county on the north and the range line between ranges nine teen and twenty east,
to a point where said range line at present intersects the boundary line between said counties, fro m which
point said boundary line, as now established by said act, January 13, 1876 [4-4-2 NMSA 1978], shall
continue east to the west line of the state of Texas.


                                         CHAPTER 4 - COUNTIES
                                          Article 5 -- Curry County

Sec.
4-5-l. County boundaries.

 4-5-1. [County boundaries.]

  That there be and is hereby created a county, to be known [as] and called Curry county, out of that
portion of the territory of New Mexico, included in the fo llowing boundaries as indicated by the United
States survey, to wit: co mmencing on the Texas -New Mexico boundary line at the point of its intersection
with the east and west center line o f township one north, projected thence west along said east and west
center line of township one north, to the point of its intersection with the range line between ranges thirty
and thirty-one east, thence north along the range line between thirty and thirty -one east to the northwest
corner township five north of range thirty-one east, thence east along the north line of township five north
to the point of its intersection with the range line between thirty -two and thirty-three east, thence north
along the range line beeween [between] thirty-two and thirty-three east, to the northwest corner of township
six north of range thirty-three east, thence east along the north line of township six north to the point of its
intersection with the range line between thirty-three and thirty-four east, thence north along the range line
between thirty-three and thirty-four to the northwest corner of township seven north of range thirty -four
east, thence [east] along the north line of township seven north to the point of its intersection with t he range
line of thirty-four and thirty-five east, thence north along the range line between thirty-four and thirty-five
east to the northwest corner of township eight north of range thirty -five east, thence east along the north
line of township eight north projected to its point of intersection with the Texas -New Mexico boundary
line, thence south along the Texas -New Mexico boundary line to the point of beginning.

Compiler's notes. - Curry county was formed from portions of Roosevelt and Quay counties. The boundary
description does not take into account a correction in range line between ranges 30 and 31 east on the first
standard parallel north. North of this parallel the range line, and therefore the county line, is displaced a
distance of about 2 miles to the east. The bracketed words "as" and "east" were inserted by the compiler
as necessary to a clear reading of the section.
  This section was compiled in art. 4 of ch. 24 of the 1915 Code. It was not reenacted by its inclusion them
in, but was compiled for convenience. See the 1915 Code, p. 1665.




                                                       19
                                       CHAPTER 4 - COUNTIES
                                       Article 6 -- De Baca County

Sec.
4-6-1. County boundaries.

4-6-1. County boundaries.

  That the county of De Baca is hereby created out of that portion of the state of New Mexico, lying and
being situate within the following metes and bounds, as indicated by the United States survey, viz.:
commencing at the northeast corner of township 4 north, range 28 east; thence south on range line between
ranges 28 and 29 east to the southeast corner of township 1 north, range 28 east; thence east on base line to
the northeast corner of township 1 south, range 28 east; thence south on range line between ranges 28 and
29 east to the southeast corner of township 2 south, range 28 east; thence west on township line to the
southwest corner of township 2 south, range 27 east; thence south on range line between ranges 26 and 27
east to the southeast corner of township 3 south, range 26 east; thence west on township line to the
southwest corner of township 3 south of range 21 east; thence north on range line to the southwest corner of
township 2 south of range 21 east; thence west on township line to the southwest corner of township 2
south of range 20 east to the Lincoln county line; thence north on range line between ranges 19 and 20 east
to the northwest corner of township 1 south of range 20 east; thence west [east] on township line to the
southwest corner of township 1 north of range 20 east; thence north on range line between ranges 19 and 20
east to the northwest corner of township 4 north of range 20 east; thence east on township line to the
southeast corner of township 5 north of range 23 east; thence north on range line to the northwest corner of
township 5 north of range 24 east; thence east on township line to the northeast corner of township 5 north,
range 24 east; thence north on range line to the northwest corner of township 6 north of range 25 east;
thence east on township line to the northeast corner of township 6 north of range 26 east; thence south on
range line between ranges 26 and 27 east to the southeast corner of township 5 north of range 26 east;
thence east on township line to the place of beginning.

Compiler's notes. - De Baca county was created from parts of Chaves, Guadalupe, and Roosevelt counties.
 The bracketed word "east" was inserted by the compiler to replace the word "west" as necessary to a
correct reading of the section.


                                        CHAPTER 4 - COUNTIES
                                       Article 7 -- Dona Ana County

Sec.                                                   Sec.
4-7-1. Orig inal county boundaries.
4-7-2. Divid ing line between Socorro and              4-7-3. Territory added to Dona Ana county.
         Dona Ana counties.

4-7-1. [Original county boundaries.]

The boundaries of the county of Dona Ana are as follo w: the southern boundary, on the left bank of the Rio
del Norte, is the boundary of the state of Texas, and on the right, the divid ing line between the Republic of
Mexico; on the north, the boundary of the county of Soco rro, and on the east and west the boundaries of the
territory.

Compiler's notes. - Dona Ana county, as created by the above section, constituted the southern portion
 of the state from east to west. The county has been greatly reduced in gw by the creati on of new counties.
  The present boundaries of Dona Ana county may be as follows: commencing on the south boundary line
of the state of New Mexico at the point of its intersection with the range line between ranges 4 and 6 west;
thence north (description from 4-16.1 NMSA 1978] on said range line to the fifth standard parallel south;
thence west on said standard parallel to the southwest corner of township 25 south of range 4 west; thence
north on the range line between ranges 4 and 5 west to the fourth st andard parallel south; thence west on



                                                     20
said standard parallel to the southwest corner of township 20 south of range 4 west; thence north on the
range line between ranges 4 and 5 west to the northwest corner of township 18 south of range 4 west
[description from 4-7-3 NMSA and 4-27-1 NMSA 1978]; thence east on the township line between
townships 17 and 18 south to the principal meridian of New Mexico; thence north on the principal
meridian to its intersection with a line described [4-7-2 NMSA 1978] as running from a point on the Rio
Grande 1 mile south of the dwellinghouse of Tomas Gonzales in a straight line to the corner of Lincoln a
few miles north and west of the town of Tularosa [this corner described [4 -15-1 NMSA 1978] as being the
intersection of a line drawn from north to south from Malpais and a line passing east and west through the
head of El Ojo de Tularosa); thence northeasterly on said line to its intersection with the range line
between ranges 6 and 7 east; thence south [description from 4 -19-1 NMSA 1978] on said range line to the
third standard parallel south; thence west on said standard parallel to the northeast corner of township 16
south of range 5 east; thence south on the range line between ranges 5 and 6 east to the New Mexico -Texas
state
line. The southern boundary of the county is the southern boundary of the state, being, from east to
west, the state of Texas, the center line of the Rio Grande as of September 9, 1850, and the Republic of
Mexico.
  Section 1075, 1915 Code, derived from Laws 1854-1855, p. 20 (C@L. 1865, ch. 20; C.L. 1897, 533),
read: "All that part of the territory of New Mexico that was recently acquired by the Gadsden Treaty,
and has been annexed to this territory by an act of Congress, entitled, 'An act designating t he southern
limits of New Mexico, approved August 4th, 1854, shall be and is hereby annexed to the county of Dona
Ana, and the district court of said county shall have jurisdiction over the same, until other provisions be
provided by law."
  The sections in this article were incorporated in article 5, chapter 24 of the 1915 Code. Their inclusion
therein did not constitute a reenactment, but they were compiled merely for convenience. See the 1915
Code, p. 1665.

4-7-2. [Di vi ding line between Socorro and Dona Ana counties.]

  The div iding line between the counties of Dona Ana and Socorro, in this territory, is hereby established
as follows, to wit : co mmencing at a point on the Rio Grande one mile south of the dwelling house of
Tomas Gon zales, and thence a little southwest to a point one-quarter of a mile to the south of the Ojito del
Cuervo, a ranch of the said Tomas Gon zales; thence in a westerly direction to a point one mile west of the
Ojo de Berrendo, and running in a northwesterly direct ion to the ran ches respectively known by the name
of the Ojo del Berrendo, the Cienega de los Pasenos, Jaraloso, Eucisio, Cienega de los Apaches, Las
Perchas And Ojo Caliente, to an equal line with that of the northern line of the county of Grant, so that all
the ranches and ojos and ojitos above-mentioned be included in the county of Socorro, and the town and
settlement of Hillsboro and Santa Barbara shall be included in the county of Dona Ana; and returning to the
Rio Grande at the point of commencement, running thence in a straight line to the corner of the county of
Lincoln, a few miles north and west of the town of Tularosa, in the county of Dona Ana.

Complier's notes. - The western Portion of this boundary line has been changed by 4 -27.1 NMSA 1978.
  The name "Hillsboro" was so spelled in the original act and in Comp. Laws 1884; but the 1897 Compila.
tion, 1915 Code and 1929 Compilation had it spelled "Hillsborough." See also 4 -27-3 NMSA 1978.

4-7-3. [Territory added to Dona Ana county.]

 That all that portion of the territory included within township eighteen south of ranges three and four
west, according to the United States survey, shall hereafter be attached to, and constitute a part of the
county of Dona Ana in said territory, and, until further provisions be made as to township lines, shall be a
part of that precinct in said county, in which the town of Co lorado is situated.




                                                     21
                                        CHAPTER 4 - COUNTIES
                                         Article 8 -- Eddy County

Sec.                                                   Sec.
4-8-l. Orig inal county boundaries.                    4-8-3. Western boundary of Eddy county.
4-8-2. Divid ing line between Chaves and Eddy.                 County seats.

4-8-1. [Original county boundaries.]

  That the counties of Chaves and Eddy are hereby created out of all that portion of Lincoln county, lying
eastward of a line drawn through said county as follows, to wit: co mmencing at the northern boundary line
of the county of Lincoln on the line between ranges nineteen and twenty east; thence south on said line to
the base line; thence south along the range line between ranges nineteen and twenty east to the first
standard parallel south; thence east to the point where the range line between ranges twenty and twenty -one
east, south of said first standard parallel intersects said parallel; thence south on the line between said
ranges twenty and twenty-one to the second standard parallel south; thence south to the southeast corner of
township eleven south of range twenty east; thence west to the line between ranges twenty and t wenty-one
south of the second standard parallel south; thence south to the third standard parallel south along the range
line between ranges twenty and twenty-one to intersect the third standard parallel south; thence east along
said parallel to where the line fro m the south side of same between ranges twenty-one and twenty-two
intersects said parallel; thence along said range line between ranges twenty -one and twenty-two to the
fourth standard parallel south; thence west along said parallel to the point wh ere the line between ranges
twenty-one and twenty-two south of said parallel intersects said parallel, and thence south on said line to
the north boundary of the state of Texas.

Complier's notes. - This section is also compiled as 4-3-1 NMSA 1978 as it relates to Chaves county.
  The present western boundary of Eddy county is as described in 4 -8-3 NMSA 1978.
  The southern boundary is the state of Texas.
  The northern and eastern boundaries may be described as follows: commencing at the closing corner of
township 16 south, between ranges 20 and 21 east, [description from 4 -&3 NMSA 1978]; on the third
standard parallel south, thence east (description from 4-&2 NMSA 1978] to the northeast corner of
township 16 south of range 31 east; thence south [description from 4-13-1 NMSA 1978] between ranges 31
and 32 east to the correction line between townships 20 and 21 south; thence east on said correction line to
the northeast corner of township 21 south of range 31 east; thence south between ranges 31 and 32 eas t to
the south boundary of the state of New Mexico.
  The sections in this article comprised article 5, chapter 24 of the 1915 Code. They were not reenacted
by the inclusion therein, but were compiled for convenience. See the 1915 Code, p. 1665.
  Laws 1889, ch. 87, 2 read: "All that part of Lincoln county on the west side of the line described in the
preceding section [compiled as 4-3-1 and 4-&l NMSA 1978] shall be and remain in the county of Lincoln."

4-8-2. [Di vi ding line between Chaves and Eddy.]

  All that part of the territory of Lincoln county east of said line and north of the third standard parallel
south shall be and constitute the county of Chaves, and the remaining territory east of said line and south of
said third standard parallel south, shall be and constitute the county of Eddy.

4-8-3. [Western boundary of Eddy county.]

  That the western boundary line of the county of Eddy, in the territory of New Mexico, shall be and the
same is hereby established as follows, to wit : co mmencing at the closing corner to township sixteen south,
between ranges twenty and twenty-one east, on the third standard parallel south of the New Mexico
principal merid ian; thence south between said ranges twenty and twenty -one east, to the fourth standard
parallel south; thence west along said parallel to the point where the line between ranges twenty and
twenty-one east, south Of said parallel, intersects said paralldl, and thence south, on the range line between
ranges twenty and twenty-one east, to the south boundary line of the territory of New Mexico.




                                                      22
4-8-4. [County seats.]

  The county seat of the county of Chaves shall be in the town of Roswell in said county and the county
seat of Eddy shall be in the town of Carlsbad in said county.


                                        CHAPTER 4 - COUNTIES
                                         Article 9 -- Grant County

Sec.                                                   Sec.
4-9-1. Orig inal county boundaries.                    4-9-2. boundary between Grant and Catron counties.

4.9-1. [Original county boundaries.]

  All that portion of the territory of New Mexico embraced within the fo llowing boundaries, to wit :
commencing at the corners of townships twenty and twenty -one south, range seven and eight west, which
said corners are about four miles northeasterly fro m Fo rt Cu mmings in Dona Ana county; thence running
northerly in a d irect line acros s the summit of the Sierra M imbres to a point due west of Ojo del Muerto;
thence west to the western boundary of the territory; thence south along said boundary to the southwest
corner of the territory; thence following the southern boundary of the territo ry eastwardly to a point on said
southern boundary due south of the place of beginning; thence north to the place of beginning, shall form
and constitute a new county to be called Grant county.

Compiler's notes.-Grant county, as created by the above section, was formed out of the western part of
Dona Ana county. The counties of Luna and Hidalgo were later created out of parts of Grant county.
  The present boundaries of Grant county may be described as follows: commencing at the southwest
corner of township 19 south of range 7 west (described in 4-27-2 NMSA 1978]; thence west (description
from 4-16-1 NMSA 1978] on the township line between townships 19 and 20 south to the northeast corner
of township 20 south of range 11 west; thence south on the range li ne between ranges 10 and 11 west to the
fourth standard parallel south; thence west on said standard parallel to the northeast corner of township
21 south of range 14 west; thence south on the range line between ranges 13 and 14 west to the fifth stand -
 ard parallel south; thence east on said standard parallel to the northeast corner of township 26 south of
 range 14 west; thence south on the range line between ranges 13 and 14 west to the southeast corner of
section 13 in township 28 south of range 14 west; thence following the description given in 4-12-1 NMSA
1978 to the New Mexico-Arizona boundary line. The western boundary is the state line. The north
boundary is that described in 4-9-2 NMSA 1978. The northeast boundary is that described in 4 -27-2
NMSA 1978.
  This section was incorporated in article 6, chapter 24 of the 1915 Code. Its inclusion therein did not
constitute a reenactment, for it was only compiled for convenience. See the 1915 Code, p. 1665.
  Laws 1927, ch. 185, which attempted to abolish Catron county, and to divide its territory between Grant
 county and a new county to be called Rio Grande county, the latter including all of Socorro county, was
 held to violate N.M. Const., art. IV, 24, since its purpose was to change county lines in a special or
local act, and not to create new counties, by State ex rel. Dow v. Graham, 33 N.M. 504, 270 P. 897 (1928).
  Section 1080, 1915 Code, derived from Laws 18 W, ch. 43 (C.L. 1897, 549), contained an amendment
to the above section which read: "The above section 1079 (4-9-1 NMSA 1978] is hereby amended so as to
read: commencing at the corners of townships 20 and 21 south, range 7 and 8 west, which said corners are
 about 4 miles northeasterly from Fort Cummings thence running due north to a point on the south line of
Socorro county, and due south to Mexico: provided that the town of Hillsborough and the country within a
radius of 5 miles of said town shall be in and form a part of Dona Ana county."

4.9-2. [Boundary between Grant and Catron counties.]

  That the boundary line between the counties of Socorro [Catron] and Grant be, and the same is, hereby
located, fixed and established as follows: beginning at a point upon the western boundary line of the state
of New Mexico where said line is intersected by the line between townships 12 and 13 south of the New
Mexico principal base line and running thence eastwardly along the line between said townships 12 and 13



                                                      23
south, to the point where the said line intersects the one hundred and eighth (108th) meridian west of
Greenwich.

Compiler's notes. - Catron county was formed out of that portion of Socorro county which bounded on
Grant county, so the bracketed word "Catron" was inserted by the compiler.
  Laws 1917, ch. 57, contained a preamble which declared the most feasible method of establishing the
boundary line to be establishment thereof in accordance with the public land survey of the United
States.


                                        CHAPTER 4 - COUNTIES
                                      Article 10 -- Guadalupe County

Sec.                                                   Sec.
4-10-1. County boundaries.                             4-10-2. Countv seat.

4-10-1. (County boundaries.]

  That out of that portion of the territory of New Mexico, which was formerly emb raced within the exterior
limits of Guadalupe county, except those portions of said Guadalupe county, out of whic h the counties of
Quay and Roosevelt were established and created, and out of a portion of the county of Valencia wh ich lies
immed iately west of said Guadalupe county, there is hereby created and established the county of
Guadalupe, which said county of Guadalupe is described as follows, as indicated by the United States
survey, to wit: co mmencing at the southeast corner of township two north of range twenty -six east; thence
north along the range line between ranges twenty-six and twenty-seven east, to the northeast corner of
township eleven north of range twenty-six east; thence west along the north line of township eleven north
of range twenty-six east, projected, to the northwest corner of township eleven north of range sixteen east;
thence south along the range line between ranges fifteen and sixteen east to the southwest corner of
township two north of range sixteen east; thence east along the south line of township two north of range
sixteen east, projected, to the southeast corner of township two, nort h of range twenty-six east, to the point
or place of beginning.

Compiler's notes. - The southeast boundary of Guadalupe county was changed in the creation of De Baca
county. The present southeast boundary begins where the south line of township 2 north i s intersected by
the range line between ranges 19 and 20 east; thence north [description from 4 -16-1 NMSA 1978] on said
range line to the northeast corner of township 4 north of range 19 east; thence east on the township line
between townships 4 and 5 east to the southeast corner of township 5 north of range 23 east; thence north
on the range line between ranges 23 and 24 east to the northeast corner of township 5 north of range
23 east; thence east on the township line between townships 5 and 6 north to the southeast corner of
township 6 north of range 24 east; thence north on the range line between ranges 24 and 25 east to the
northeast corner of township 6 north of range 24 east; thence east on the township line between townships
6 and 7 east to the southeast corner of township 7 north of range 26 east; and thence north on the range
line between ranges 26 and 27 east as provided in this section.
  Guadalupe county was originally created out of a portion of San Miguel county by Laws 1891, ch. 88,
1 which read: "All that portion of land of the county of San Miguel, and territory of New Mexico, included
within the boundaries hereinafter described shall form and constitute a new county, which county shall be
known as the county of Guadalupe, in the territory of New Mexico, to wit: commencing at the southeast
corner of township number 2 north, of range number 37 east, on the line between the territory of New
Mexico and the state of Texas, and running north on the line between New Mexico and Texas, to the
northeast corner of township number 11 north, of range 37 east, thence westerly between townships 11 and
12 north, to the northwest corner of township number 11 north of range 16 east; thence south between
ranges 15 and 16 east, to the southeast corner of township 9 north, of range 15 east; thence east between
townships 8 and 9 north, to the northeast corner of township number 8 north, of range 18 east; thence
south on line between ranges 18 and 19 east, to the southeast corner of township number 5 north, of ran ge
18 east; thence west to the northeast corner of township number 4 north, of range 18 east, thence south
between ranges 18 and 19 east, to the northeast corner of township number 1 north, of range 18 east;



                                                      24
thence easterly between ranges 1 and 2 north to the southeast corner of township number 2 north, of range
37 east and place of beginning.
  "For more particular description to the boundaries of said county of Guadalupe, reference is made to the
map herewith annexed, which shall constitute part of this act."
  The sections in this article were incorporated in article 7, chapter 24 of the 1915 Code. Their inclusion
therein did not constitute a reenactment, for they were compiled merely for convenience. See the 1915
Code, p. 1665.

4-10-2. [County seat.]

 That the county seat of the county of Guadalupe shall be and hereby is established at the town of Santa
Rosa in said county.


                                        CHAPTER 4 - COUNTIES
                                       Article 11 -- Harding County

Sec.                                                   Sec.
4-11-1. County boundaries.                             4-11-3. Bonds for courthouse and jail.
4-11-2. County seat; buildings.

4-11-1. [County boundaries.]

  That the county of Harding is hereby created out of that portion of the state of New Mexico ly ing and
being situate within the following metes and bounds, to wit:
  beginning at a point on the present west boundary of the county of Union, the same being the township
corner of townships 22 and 23 north, ranges 27 and 28 east, thence north 2 [3] miles along the range line
between ranges 27 and 28 east to the section corner, and point where the present north boundary of Mora
county intersects the present west boundary of Union county; thence west along the present north boundary
of Mora county to a point where said north boundary intersects the center of the main channel of Red river;
thence southerly meandering the center of the main channel of said Red river to a point where the said
center of the main channel of Red river intersects the present south boundary of the county of Mora; thence
east along the present south boundary of the county of Mora to a point where said line intersects the present
west boundary of the county of Union; thence southerly and southeasterly along the present west boundary
of Union county and along the northeast boundary of the Pablo Montoya grant to a point where said eastern
boundary intersects the north line of the Baca location no. 2; thence east along the north line of the Baca
location no. 2 to the northeast corner of said Baca location no. 2; thence south along the east line of the
Baca location no. 2 to a point where said line intersects the township line between townships 13 and 14
north being the third standard parallel north [sic]; thence east along said third standard parallel north
[township line] to a point where the same intersects the northwesterly boundary line of the right-of-way o f
the Rock Island railroad; thence northeasterly along the said north line of said right -of-way to a point where
said line intersects the range line between ranges 33 and 34 east; thence north along the range line between
ranges 33 and 34 east to a point where said range line intersects the township line between townships 21
and 22 north; thence west along the township line between (townships] 21 and 22 north to its intersection
with range line between ranges 29 and 30 east; thence north along the range line between 29 and 30 east to
the intersection of said range line with the township line between townships 22 and 23 north; thence west to
the intersection of the same with the range line between ranges 27 and 2 8 east and the point of beginning.

Compiler's notes. - Since 1941 changes have been made between Harding and Quay counties and Harding
and San Miguel counties. Legal descriptions of the changes are available in district court files of the
respective counties.
  Harding county was created out of Mora and Union counties. The northeast boundary of Mora county
(southeast boundary of Colfax county] follows the center of township 23 north [4 -4-2 NMSA 1978]. The
line from the corner common to townships 22 and 23 north and ranges 27 and 28 east must, therefore,
extend north 3 rather than 2 miles to intersect this line. This correction was indicated by the compiler of
the 1941 Code by inserting in brackets the correct number. There are 2 east -west adjustments in the range



                                                      25
line between ranges 33 and 34 east along the east side of the county which are not described in this section.
These occur on the fourth and fifth standard parallels north, the amounts of displacement in each case
being small. The township line between townships 13 and 14 north is not the third standard parallel north.
This correction was also indicated by the compiler of the 1941 Code by placing the incorrect portion in
parentheses and by inserting in brackets the words "township line" necessary for a correct reading of the
section.
  Legislative intention. - It was the intention of the legislature that Harding county was to function from
 June 20, 1921, that it was authorized to make special tax levies and to anticipate their collection by issuing
certificates of indebtedness not to exceed $30,000, payable in five years and that the proceeds of the levies
were to be used exclusively to pay such indebtedness. State v. Southem Pac. Co., 34 N.M. 306, 281 P. 29
(1929).

4-11-2. (County seat; buil dings.]                                     I

 The county seat of the county of Harding is hereby established at the town of Mosquero and the board of
county commissioners of said county after their appointment as provided in this act shall select and
designate a plat of the ground within said town as the place upon which shall be built the courthouse and
public build ings of said county of Harding.

4-11-3. [Bonds for courthouse and jail.]

  The county of Hard ing may issue bonds for courthouse and jail purposes to an amount not exceeding
twenty-five thousand ($25,000) dollars, which bonds shall be issued in the manner as provided by the
constitution and the laws of the state of New Mexico, payable absolutely thirty years from their date, and,
at the option of the county, twenty years from their date.


                                       CHAPTER 4 - COUNTIES
                                       Article 12 -- Hi dalgo County

Sec.                                                   Sec.
4-12-1. County boundaries.                             4-12-2. County seat; buildings.

4-12-1. [County boundaries.]

  That the county of Hidalgo is hereby created out of that portion of the state of New Mexxico, ly ing and
situate within the following boundaries:
  beginning at the northeast (NE) corner of section 24 in township 28 south of range 14 west of the New
Mexico principal merid ian, and running thence westwardly along the northerly boundary lines of sections
24, 23, 22, 21, 20 and 19 of said township 28 south of range 14 west, and along the northerly boundary
lines of sections 24, 23, 22, 21, 20 and 19 of township 28 south of range 15 west, and along the northerly
boundary lines of sections 24, 23, 22, 21, 20 and 19 of township 28 south of range 16 west to the southwest
(SW) corner of section 18 of township 28 south of range 16 west; thence northwardly upon the line
between ranges 16 west and 17 west to the fifth standard parallel south and thence along the said fifth
standard parallel south to the point where the line between ranges 16 and 17 west, north of said fifth
standard parallel south intersects the same and thence northwardly along said line between ranges 16 west
and 17 west to the northeast (NE) corner of township 21 south of range 17 west; thence westwardly along
the line between townships 20 south and 21 south to the southwest (SW) corner of township 20 south of
range 17 west, thence northwardly along the line between ranges 17 west and 18 west to the northeast (NE)
corner of township 20 south of range 18 west; thence westwardly along the line between townships 19
south and 20 south to the southwest (SW) corner o f township 19 south of range 19 west; thence
northwardly along the line between ranges 19 west and 20 west to the northeast (NE) corner of township 18
south of range 20 west; thence westwardly along the line between townships 17 south and 18 south to the
point where the same intersects the boundary line between the states of New Mexico and Arizona; thence
southwardly along said boundary line between the states of New Mexico and Arizona to the point where
the same intersects the boundary line between the United States of America and the Republic o f Mexico;



                                                      26
thence eastwardly along said boundary line between the Un ited States of America and the Republic of
Mexico to the point where the same turns northwardly in township 34 south of range 14 west of the New
Mexico principal merid ian; thence northwardly along said boundary line between the United States of
America and the Republic of Mexico to the Point where the same turns eastwardly in township 29 south of
range 14 [13] west of the New Mexico principal meridian; thence [west] upon a straight line to the
southwest (SW) corner of the county of Luna, and thence northwardly along the westerly boundary line of
said county of Luna to the point of beginning.

Compiler's notes. - Hidalgo county was created out of the southern portion of Grant county.
 The bracketed "13" and "west" were inserted by the compiler as necessary for a correct description of the
boundary.

4.12-2. [County seat; buil dings.]

 The county seat of the said county of Hidalgo shall be established at the village of Lordsburg in said
county and the board of county commissioners of said county shall select and designate suitable and
convenient places in said village for the sites for the erection of the courthouse, jail and other public
buildings of said county.


                                        CHAPTER 4 - COUNTIES
                                         Article 13 -- Lea County

Sec.                                                   Sec.
4-13-1. County boundaries.                             4-13-3. Courthouse and jail bonds.
4-13-2. County seat; buildings.

4-13-1. [County boundaries.]

  That the county of Lea is hereby created out of that portion of the state of New Mexico ly ing and being
situate within the following metes and bounds, as indicated by the United States survey, viz.: at the
southeast corner of the state of New Mexico, thence north on the line between the state of New Mexico and
the state of Texas, in [to] the northeast corner of township nine (9) south of range thirty -eight (38) east;
thence west on the line between townships eight (8) and nine (9) south to the northwest corner of township
nine (9) south of range thirty-two (32) east; thence south between ranges thirty-one (31) and thirty-two (32)
east of [to] the correction line between townships ten (10) and eleven (11) south; thence west on said
correction line to the northwest corner of township eleven (11) south of range thirt y-two (32) east; thence
south, between ranges thirty-one (31] and thirty-two (32) east, to the correction line between townships
fifteen (15) and sixteen (16) south; thence west, on said correction line to the northwest corner of township
sixteen (16) south of range thirty-two (32) east; thence south, between ranges thirty-one (31) and thirty-two
(32) east to the correction line between townships twenty (20) and twenty -one (21) south; thence east on
said correction line to the northwest corner of township twenty-one (21) south of range thirty-two (32) east;
thence south between ranges thirty-one [31] and thirty-two (32) east to the south boundary of the state of
New Mexico; thence east, on said south boundary to the point of beginning.

Compiler’s notes. – Lea county was created from the eastern portions of Chavez and Eddy counties.
 The bracketed word “to” was inserted in two instances by the compiler.

4-13-2. [County seat; buil dings.]

  The county seat of the said county of Lea shall be established at the town of Lovington, said county; and
the board of county commissioners of said county, to be appointed as hereinafterr provided, shall select and
designate the plat of ground known as the public square in said town, being described on the recorded plat
of said town of Lovington as block ten (10) thereof, as the place in said town upon which shall be built the
courthouse and public buildings of the said county of Lea.




                                                      27
4-13-3. [Courthouse and jail bonds.]

  The county of Lea may issue bonds for courthouse and jail purposes to an amount not exceeding thirty
thousand dollars [($30,000)), which bonds shall be issued in the manner as provided by the constitution of
New Mexico, payable absolutely thirty years fro m their date and at the option of said county, twenty years
fro m their date.


                                        CHAPTER 4 - COUNTIES
                                        Article 14 -- Li ncoln County

Sec.                                                    Sec.
4-14-1. Orig inal county boundaries.                    4-14-2. Changes in western boundary.

4-14-1. (Original county boundaries.]

  All that part of the county of Socorro situated to the eastward of a d irect line drawn fro m north to south,
fro m Malpais, and to be the western line of the new county, is hereby constituted and established, a new
county which shall have the name o f, and be called the county of Lincoln; the lin e of the north of said
county shall be the divid ing line of the county of Valencia; fro m thence drawing a line eastward without
interfering with the boundaries of the county of San Miguel; and on the south a line passing east and west
through the head of El Ojo de Tularosa; and this shall be the fixed boundary between the counties of Dona
Ana and Lincoln.

Compiler's notes. - Lincoln county was originally created out of the eastern portion of Socorro county.
  An addition was made to it by taking the eastern part of Dona Ana county by Laws 1878, ch. 34 (C.L.
1897, 538; Code 1915, 1077), which read: "The dividing line between the counties of Dona Ana and
Lincoln shall be as follows, to wit: following the line which separates said counties from east to we st, as
now established by law, up to the intersection of parallel 28 degrees 30 minutes west of Washington;
thence following said parallel of 28 degrees 30 minutes southwardly to the intersection of the line which
separates mid county of Dona Ana and the state of Texas, and all that part of the territory to the east of
said parallel 28 degrees 30 minutes heretofore pertaining to said county of Dona Ana, be and the same
hereby is annexed to and shall form a part of the county of Lincoln."
  The area o f Lincoln county has since been greatly reduced by the creation of new counties.
  The present boundaries may be described as follows: commencing at the northeast corner of township 1
north of range 19 east; thence south (description from 4-3-1 NMSA 1978] on the range line between ranges
19 and 20 east to the base line; thence south on the range line between ranges 19 and 20 east to the first
standard parallel south; thence east on said standard parallel to the northeast corner of township 6 south
of range 20 east; thence south on the range line between ranges 20 and 21 east to the second standard
parallel south; thence south on said range line to the southeast corner of township II south of range 20
east; thence west on the township line between townships 11 and 12 south to the northeast corner of
township 12 south of range 20 east; thence south on the range line between ranges 20 and 21 east to the
southeast corner of township 13 south of range 20 east; thence west [description from 4 -3-3 NMSA 1978]
on the township line between townships 13 and 14 south to the southwest corner of township 13 south of
range 17 east; thence north [description from 4-19-1 NMSA 1978] on the range line between ranges 16
and 17 east to the township line between townships 11 and 12 sou th; thence west on said township line to
the southwest corner of township 11 south of range 13 east; thence north on the range line between ranges
12 and 13 east to the second standard parallel south; thence west on said standard parallel to the
southwest corner of township 10 south of range 6 east; thence north [description from 4 -14-2 NMSA 1978]
on the range line between ranges 5 and 6 east to the northwest corner of township 8 south of range 6 east;
thence east on the township line between townships 7 and 8 south to the northeast corner of township 8
south of range 8 east; thence north [description from 4-14-1 NMSA 1978, redefined indirectly in 4-14-2
NMSA 1978] on the range line between ranges 8 and 9 east to the first standard parallel south; thence ea st
[description from 4-14-2 NMSA 1978] on said standard parallel to the southwest corner of section 32 in
township 5 south of range 10 east; thence north on the section line to the northwest corner of section 5 in
township 1 south of range 10 east, on the New Mexico base line; thence east [description from 4-30-1



                                                       28
NMSA 1978] on the base line to the range line between ranges 15 and 16 east; thence north on said range
line to the northwest corner of township 1 north of range 16 east; thence east [description from 4.10-1
NMSA 1978) on the township line between townships 1 and 2 north to the point of beginning.
  The sections of this article were incorporated in article 8, chapter 24 of the 1915 Code. They were not
reenacted by their Inclusion therein, but were compiled merely for convenience. See the 1915 Code, p.
160.

4-14-2. [Changes in western boundary.]

  That townships eight (8), n ine (9) and ten (10) south of the base line in ranges six (6), seven (7) and eight
(8) east of the New Mexico principal meridian be and the same are hereby attached to and shall hereafter
constitute a part of Lincoln county: provided, that the line between Socorro and Lincoln counties shall be
changed so as to run as follo ws: beginning at a point where the present westerly cou nty line between
Socorro and Lincoln counties intersects the first standard parallel south, thence running east along said first
standard parallel to the southeast corner of section thirty-one (31) in township five (5) south of range ten
(10) east; thence north along the section line to the base line, and the same shall constitute the line between
said Socorro and Lincoln counties north of said first standard parallel.


                                        CHAPTER 4 - COUNTIES
                                      Article 15 -- Los Al amos County

Sec.                                                    Sec.
4-15-1. Los Alamos county; boundaries.                  4.15-2. Designation of county seat.

4-15-1. [Los Al amos county; boundaries.]

  That the county of Los Alamos is hereby created out of those portions of Sandoval and Santa Fe counties
lying and situate within the following boundaries, to wit: beginning at NE corner of the SE 1/4 of section
13, township 20 north, range 6 east of the New Mexico p rincipal meridian, which point is on the county
line between Sandoval county and Santa Fe county, state of New Mexico; thence in a westerly d irection
along the northern boundary of the S 1/ 2 of said section 13 to the northwest corner of the SW 1/4 of said
section 13; thence in a northerly direction along the eastern boundary of section 14 to the northeast corner
thereof; thence in a westerly direct ion along the northern boundaries of sections 14 and 15 to the northeast
corner of section 16; thence in a southerly direct ion along the eastern boundary of said section 16 to the
southeast corner thereof; thence in a westerly direction along the southern boundary of said section 16 to
the southwest corner thereof, thence in a southerly direction along the eastern boundary line of section 20
to the NE corner of the SE 1/4 of said section 20; thence in a westerly direct ion along the north boundary of
the S 1/2 of said section 20 to the northwest corner of the SW 1/4 of said section 20; thence in a westerly
direction along the north boundary of the S 1/2 of section 19 to the northwest corner of the SW 1/4 of said
section 19, all in township 20 north, range 6 east; thence in a westerly direct ion along the north boundary of
the S 1/2 of section 24, to the northwest corner of the SW 1/ 4 of said section; thence in a westerly direct ion
along the north boundary of the S 1/ 2 of section 23 to the northwest corner of the SW 1/4 of said section
23; thence in a northerly direction along the eastern boundary of section 22 to the northeast corner thereof;
thence in a westerly direct ion along the northern boundary of said section 22 to a point on the eastern
boundary of the Baca location nu mbered 1, which point is the southwest corner of the Santa Clara Ind ian
reservation; all in township 20 north, range 5 east; thence in a southerly direction along the eastern
boundary of the Baca location nu mbered 1, a d istance of approximately 9.1 miles, to the southeast corner of
the Baca location nu mbered 1; thence in a westerly direction appro ximately 1.3 miles along the southern
boundary of the Baca location nu mbered 1, to the intersection of said boundary with the initial station of
the Sawyer Mesa special survey, a survey of a portion of unsubdivided township 18 north, range 5 east,
which point is the northwest corner of the Sawyer Mesa tract; thence in a southeasterly direction, along the
southwest boundary of the Sawyer Mesa tract, a distance of 5.34 miles, to the intersection of the south
boundary of the Sawyer Mesa tract with the west boundary of the Bandelier national monu ment, which
point is the southeast corner of the Sawyer Mesa tract; thence in a general northerly d irectio n
approximately 0.8 M iles along this boundary to the south boundary of the Ramon Vigil g rant, wh ich point



                                                       29
is the northwest corner of the Bandelier national monu ment; thence in a general southeasterly direction fo r
approximately 8.0 miles, along the boundary between the Ramon Vigil grant and the Bandelier national
monu ment, to the intersection of said south boundary of the Ramon Vig il grant with the south end of the
east boundary of said grant, which point is the southeast corner of the Ramon Vig il grant and is on the west
bank of the Rio Grande river; thence in a general northeasterly direct ion approximately 7.8 miles along the
east boundary of the Ramon Vigil g rant, wh ich boundary is parallel to the west bank of the Rio Grande
river, to the southeast corner of the tract within the Ramon Vigil grant identified as Tract A in the general
land office survey for group no. 406, dated August 15, 1938, and tit led plat Ramon Vigil g rant, New
Mexico, said tract co mmon ly being known as "Sacred Area" or "Indian Sacred Grounds"; thence in a
general northwesterly direction appro ximately 7.7 miles along the southern boundary of said Tract A, to a
point on the northern boundary of the Ramon Vigil grant, which point is at the northwest corner of the so -
called "Sacred Area"; thence in an easterly direction appro ximately 1.9 miles along the northern boundary
of the Ramon Vig il grant to a point on the Sandoval and Santa Fe county line, which point is the southeast
corner of fractional section 25, township 19 north, range 6 east, and the southwest corner of a detached
portion of the Bandelier national monu ment; thence northerly along the east side of said township to the
northeast corner of section 1 of said township; thence northerly along the east side of township 20 north,
range 6 east to the northeast corner of the SE 1/4 of section 13 of said township, the point of beginning.

4-15-2. [Designati on of county seat.]

  That the county seat of said Los Alamos county shall be established at the community of Los Alamos
therein.


                                         CHAPTER 4 - COUNTIES
                                         Article 16 -- Luna County

Sec.                                                  Sec.
4-16-1. County boundaries.                            4-16-2. County seat.

4-16-1. [County boundaries.]

 That a county, which shall be known as Luna county, is hereby created out of that portion of the territory
of New Mexico included within the following boundaries, as indicated by United States survey, to wit:
commencing at the northwest corner of township twenty-one south, range thirteen west of the New Mexico
principal base and meridian; thence east along the north boundary line of township twenty-one south, to the
southwest corner of township twenty south, range ten west; thence north along the west boundary line of
range ten west to the northwest corner of township twenty south, range ten west; thence east alo ng the north
boundary line of township twenty south, to the northeast corner of township twenty south, range five west;
thence south along the east boundary line of range five west to the international boundary line of the Un ited
States and the Republic of Mexico; thence west along said international boundary line, to the range line
between ranges thirteen and fourteen west; thence north on said range line between ranges thirteen and
fourteen west to the northwest corner of township twenty-one south, range thirteen west, the place of
beginning.

Complier's notes. - Luna county was formed from parts of Grant and Dona Ana counties. There are two
appreciable east-west adjustments on the west boundary of Luna county which are not detailed in this
description. These occur on, the 5th and 6th standard correction lines south.
 The sections of this article were incorporated in article 9, chapter 24 of the 1915 Code. They were not
reenacted by their inclusion therein, but were compiled merely for convenience. See the 1915 Code, p.
1665.

4.16-2. [County seat.]

 That the county seat of said county of Luna shall be established at the town of Deming in said county.




                                                     30
                                        CHAPTER 4 - COUNTIES
                                       Article 17 -- McKinley County

Sec.                                                    Sec.
4-17-1. County boundaries.                              4-17-2. County seat.

4-17-1. [County boundaries.]

  The present boundaries of McKin ley county, as established by Chapter 19 of the Session Laws of 1899,
are hereby enlarged and extended by adding thereto the following territory fro m the counties of Bernalillo
and Valencia, viz.: beginning at the point where the second standard parallel north intersects the boundary
line between the territories of Arizona and Now Mexico; thence north on said line to the point where the
fifth standard parallel north, if p rojected westward across the Navajo Indian reservation, would intersect the
boundary line between New Mexico and Arizona; thence east along the line of said fifth standard parallel
north, to the northeast corner of township number twenty north, range numbe r five West of the New
Mexico principal merid ian; thence south along the line between ranges numbers four and five west of the
New Mexico principal meridian, to the point where it intersects the third standard parallel north; thence
west along said third standard parallel north to the southeast corner of township number thirteen north,
range number eight west of 'the New Mexico principal meridian; thence north along the line between
ranges numbers seven and eight west of the New Mexico principal merid ian, t o the corner of sections
thirteen, eighteen, nineteen and twenty-four, township number thirteen north, ranges numbers seven and
eight west of the New Mexico p rincipal meridian; thence west along the line between sections thirteen and
twenty-four, fourteen and twenty-three, fifteen and twenty-two, sixteen and twenty-one, seventeen and
twenty and eighteen and nineteen, north, range number eight west, to the point where it intersects the first
guide merid ian west; thence south along the line of said first guid e meridian west to the point where it
intersects the third standard parallel north; thence west on said third standard parallel north, to the northeast
corner of township twelve north, range sixteen west of the New Mexico principal meridian; thence south
along the line between ranges fifteen and sixteen west, to the point where it intersects the second standard
parallel north; thence west along said second standard parallel north, to the point of beginning.

Compiler's notes. - McKinley county was originally created out of the western portion of Bemalillo county.
The original boundaries, as created by Laws 1899, ch. 19, 1, were as follows: "There is created out of a
part of the county of Bernalillo in the territory of New Mexico, a new county to be known and called
McKinley county which shall embrace all that portion of the county of Bernalillo lying within the following
boundaries, viz: on the north the south boundary line of the county of San Juan; on the east commencing at
a point where the said south boundary line of the county of San Juan intersects the range line between
ranges 8 and 9 west of the New Mexico principal meridian.
  "Thence south between ranges 8 and 9 west of the southeast corner of township 14 north of range 9 west.
  "Thence west along the line between townships 13 and 14 north of ranges 9, 10, 11, 12, 13, 14, 15, 16,
17, 18, 19, 20 and 21, W. to the intersection of said line with the west boundary line of the territory of New
 Mexico.
  "Thence north along the said boundary line between the territories of New Mexico and Arizona to the
point of beginning.
 "All the territory contained south of the south township line of township 14 north, ranges 9 W., etc., to the
west boundary line of the territory of Now Mexico is hereby declared to be within and be a portion or the
county of Valencia."
 The sections of this article were incorporated in article 10, chapter 24 of the 1915 Code. They were not
reenacted by their inclusion therein, but were compiled merely for convenience. See the 1 915 Cod6, p.
1665.

4-17-2. [County seat.]

 The county seat of the county of McKinley shall be and the same is hereby located in the
town of Gallup in said county.




                                                       31
                                         CHAPTER 4 - COUNTIES
                                         Article 18 -- Mora County

Sec.                                                     Sec.
4-18-1. Original county boundaries.                     4-18-3. Southern boundary.
4-18-2. Northwest boundary with Taos county.            4-184. County seat; courts.

4-18-1. [Original county boundaries.]

  All that portion of the territory embraced within the fo llo wing boundaries, to wit : on the north and east by
the limits of the territory of New Mexico; on the south by the northern limits of the county of San Miguel;
and on the west by the tops of the ridge of mountains which divide the valley of Taos fro m Mora and
Rayado, shall fo rm and constitute a new county, to be known [as] and called the county of Mora.

Compiler's notes. - Mora county was originally created out of the eastern portion of Taos county and
comprised the northeastern part of the state. Colfax, Harding and Union counties were later created from
 this territory.
  The present boundaries of Mora county may be de scribed as follows: commencing at a point on the
range line between ranges 11 and 12 east where it intersects the top of the mountain of Nambe; thence
easterly and northerly [description from 4-21-1 NMSA 1978] along the summit of the mountains to the
southern boundary of Taos county; thence continuing along the summit (description ftom 4 -18-1 and 4-18-
2 NMSA 1978], which divides the valley of Taos from the valley of Mora, to its intersection with the
township line between townships 23 and 24 north; thence east [description from 4 -4-3 NMSA 1978] on
said township line to the northeast corner of township 23 north of range 19 east; thence south on range line
between ranges 19 and 20 east to the center of township 23 north; thence east [description from 4 -4-2
NMSA 1978] through the center of township 23 north to the point where it intersects th e center of the main
channel of Red [Canadian] river; thence southerly [description from 4 -11-1 NMSA 1978] meandering the
center of the main channel of Red river to a point where it intersects the north boundary of San Miguel
county; thence due west [description from 4-18-3 NMSA 1978] to the Pinos Altos (on the center line of
township 18 north); thence on a direct line west or westerly to the old government bridge or crossing over
the El Sapellocito [Sapellol; thence following up the Sapello river to its junction with the Arroyo de la
Jara; thence following up the current of the Arroyo de la Jara to its fall and source; thence northwesterly
to a point 500 yards north of the house of Leandro Sanchez at Pena Blanca (Penasoo Blanco); thence due
west to the range line between ranges 11 and 12 east on the east boundary of Santa Fe county; thence
north [description from 4-26-1 NMSA 1978] on said range to the point of beginning. [The description of
the westerly boundary of the county does not follow exactly the description in 4-18-2
NMSA 1978 but is apparently the accepted boundary with Taos count.,]

4-18-2. [Northwest boundary with Taos county.]

  The boundaries dividing the counties of Taos and Mora shall hereafter be as follows, that is to say: west
of the valley of Mora, a line running north, commencing at the first hill west of the said valley of Mora, and
east of the Jicarita, crossing the Vega del Estillero opposite Canada del Raton, passing through the said
Canada till it reaches the foot of the Osha hill on the western base thereof-, thence continuing north along
the eastern base of said range, along the eastern side of the head of the Rio Colo rado which runs into the
Rio Grande in the county of Taos, and thence in a northeast direction to the limits of t he territory of New
Mexico and the territory of Colorado.

4-18-3. [Southern boundary.]

  The div iding line to be known as the dividing line of the counties of Mora and San Miguel, shall be as
follows: taking as a fixed point five hundred yards north of the house of Leandro Sanchez, at Pena Blanca,
in the county of San Miguel; thence running a line directly to the west to the eastern boundary line of the
county of Santa Fe; thence running from said point five hundred yards north of the house of Leandro
Sanchez on a line directly east to the fall and source of the Arroyo de la Jara; thence follo wing the current



                                                       32
of the Arroyo de la Jara to its junction with the Sapello river; thence follo wing down the Sapello river to
the old government bridge or crossing over the El Sapellocito; thence running on a direct line east, or as
nearly as may be, to the Pinos Altos, leaving all settlements on both sides of the Mora river, and within the
valley of said river, in the county of Mora; thence from Pinos Altos in a direct line to the east to the limits
of the territory of New Mexico.

4-18-4. [County seat; courts.)

  The County seat of said county shall be at the plaza of Santa Gertrudes de Mora, and the district and
probate courts shall be held at the said county seat at such times and places as may be fixed by law.


                                         CHAPTER 4 - COUNTIES
                                         Article 19 -- Otero County

Sec.                                                    Sec.
4-19-1. County boundaries.                              4-19-2. County seat.

4-19-1. [County boundaries.]

  That there be and hereby is created out of a part of the counties of Dona Ana, Socorro and Lincoln a new
county to be known [as] and called Otero county, which shall emb race all that portion of said counties of
Dona Ana, Socorro and Lincoln lying within the fo llo wing boundaries, viz.: beginning at a point on the
boundary line between the territory of New Mexico and the state of Texas where the range line between
ranges five and six east of New Mexico principal meridian, projected south, would intersect said boundary
line; thence running north on said range line to the third standard parallel south; thence east along the third
standard parallel south to the range line between ranges six and seven east; thence north along said range
line between ranges six and seven east to the second standard parallel south; th ence east along said second
standard parallel south to where the same intersects the range line between ranges twelve and thirteen east;
thence south along said range line between ranges twelve and thirteen east to the township lying [line]
between townships eleven and twelve south; thence east along said township line between said townships
eleven and twelve to the intersection of the range line between ranges sixteen and seventeen east; thence
south along said range line between ranges sixteen and seventeen east, to the intersection of the same with
the third standard parallel south; thence west along said third standard parallel south to the intersection of
the range line between ranges fifteen and sixteen east, south of the third standard parallel south; thence
south along said range line between ranges fifteen and sixteen east to the fourth standard parallel south;
thence east along the fourth standard parallel south to the western boundary of Eddy county; thence south
along said western boundary of Eddy county to the boundary line between the territory of New Mexico and
the state of Texas; thence west along said boundary line between said territory and state to the place of
beginning.

4-19-2. [County seat.]

  That the county seat of said county so created is hereby fixed and established at the town of Alamogordo
therein.


                                         CHAPTER 4 - COUNTIES
                                         Article 20 -- Quay County

Sec.                                                   Sec.
4-20-1. County boundaries.                             4-20-5. Records and tax rolls.
4-20-2. Present organization to remain; county seat.   4-20-6. Salaries of officers.
4-20-3. Funds, credits and taxes.                      4-20-7. Change of name.
4-20-4. Precincts and school districts remain.




                                                       33
4-20-1. [County boundaries.)

  That the present county of Quay is hereby abolished and there is hereby created the county of
Washington, which said county of Washington shall be described and its boundaries shall be as follows, to
wit :
  beginning at a point on the boundary line between the states of New Mexico and Texas, the same being
the northeast corner of township seventeen (17) north, range thirty -seven (37) east, fractional, N. M . P. M.,
and running thence west on the township line between townships seventeen (17) and eighteen (18) north to
the northwest corner of township seventeen (17) north, range thirty -four (34) east; thence south on the
range line between ranges thirty-three (33) and thirty-four (34) east, to a point where the same intersects the
northwesterly right-of-way boundary line of the Rock Island railroad; thence southwesterly along said
northwesterly right-of-way boundary line of the Rock Island railroad to a point where said line intersects
the township line between townships thirteen (13) and fourteen (14) north; thence west on the township line
between townships thirteen (13) and fourteen (14) north, to a point where the same intersects the east
boundary line of the Baca location no. 2; thence south on the east boundary of the said Baca location no. 2
to the southeast corner of said Baca location no. 2; thence west on the south boundary of the Baca location
no. 2 to the southwest corner of the same; thence north on the west boundary of said Baca location no. 2 to
a point where the same intersects the southeast boundary line of the Pablo Montoya grant; thence
southwesterly along the southeast boundary line of the Pablo Montoya grant to a point where the same
intersects the range line between ranges twenty-six (26) and twenty-seven (27) east; thence south on the
range line between ranges twenty-six (26) and twenty-seven (27) east to the southwest corner of township
five (5) north, range twenty-seven (27) east; thence east on the township line between townships four (4)
and five (5) north, to the southeast corner of township five (5) north, range thirty (30) east; thence north on
the range line between ranges thirty (30) and thirty-one (31) east to the northeast comer of township five
(5) north, range thirty (30) east; thence east on the township line between townships five (5) and six (6)
north, to the southeast corner of township six (6) north, range thirty -t wo (32) east; thence north on the
range line between ranges thirty-two (32) and thirty-three (33) east to the southeast corner of township
seven (7) north, range thirty-two (32) east; thence east on the township line between townships six (6) and
seven (7) north, to the southeast corner of township seven (7) north, range thirty -three (33) east; thence
north on the range line between ranges thirty-three (33) and thirty-four (34) east, to the southeast corner of
township eight (8) north, range thirty-three (33) east; thence east on the township line between townships
seven (7) and eight (8) north, to the southeast corner of township eight (8) north, range thirty-four (34) east;
thence north on the range line between ranges thirty-four (34) and thirty-five (35) east to the southeast
[northeast] corner of township nine (9) (eight (8)) north, range thirty -four (34) east; thence east on the
township line between townships eight (8) and nine (9) north to the boundary line between the states of
New Mexico and Texas; thence north on the boundary line between the states of New Mexico and Texas to
the intersection of the same with the township line between townships seventeen (17) and eighteen (18)
north, N. M. P. M., and the place of beginning.

Compiler’s notes. – The county of Quay was originally created in 1903 by Laws 1903, ch. 8 from the
counties of Guadalupe and Union. Laws 1923, ch. 141 aboli shed Quay county and established Washington
county. Laws 1923, ch. 150, 1 (4-20-7 NMSA 1978) changed the name of Washington county back to
Quay county. This section seems to have made no change in the boundary lines as they existed at that time.
As to the validity of changes in boundaries, see State ex rel. Dow v. Graham, 33 N.M. 604, 270 P. 897
(1928).
  Laws 1903, ch. 8, 1 1, creating Quay county, read "There is created a county, to be known and called
Quay county, out of that portion of the territory of New Mexico included in the following boundaries as
indicated by the United States survey, to wit: commencing at the southwest corner of township 5 north,
range 27 east of the New Mexico principal meridian; thence north along the range line between to wnships
26 and 27 east to a point of intersection with the corner of the Pablo Montoya grant; thence along the
south boundary of said grant to the intersection with the township line between townships I 1 and 12 north;
thence along said township line between townships 11 and 12 north to its intersection with the southeast
corner of San Miguel county; thence north along said east boundary of San Miguel county to its
intersection with the third standard parallel north; thence east along said third standard pa rallel north to
its intersection with the New Mexico boundary line; thence south along the Texas-New Mexico boundary
line to the point of its intersection with the first standard parallel north (projecting eastward); thence west



                                                      34
along the first parallel north to southwest comer of township 5 north, range 27 east, to the point of
beginning."
   Laws 1907, ch. 62, f 1 added the following territory Quay county: "All that portion of the territory of
New Mexico now included in the county of Union beginning at a point on the westerly boundary line of the
state of Texas between townships 17 and 18; thence west on the line between townships 17 and 18 to the
intersection between ranges 33 and 34; thence south on the line between ranges 33 and 34 to the
northwesterly boundary line of the right-of-way of the Chicago, Rock Island and El Paso railroad; thence
southwesterly along the northwesterly boundary line of said right-of-way of said railroad to the dividing
line between townships 13 and 14; thence west on the divid ing line between townships 13 and 14 to the
eastern boundary line of the Baca location no. 2, the same being the eastern boundary line of the county of
San Miguel according to the United states official survey; also all that portion of New Mexico now
included in the county of San Miguel lying immediately north and adjoining the county of Quay and south
of the Baca location no. 2 and the Pablo Montoya grant, is attached to and shall hereafter constitute a part
of the county of Quay in this territory."
  Since 1941 changes have been made in the boundary between Harding and Quay counties. Legal
descriptions of the changes are available in court files of the respective counties.
  Due to an east-west correction on the standard parallel north, the southeastern line of the county
intersects said standard parallel at the northwest corner of township 8 north of range 34 east rather than at
the southeast corner of township 9 north of range 34 east. This correction has been indicated by means of
the bracketed words inserted by the compiler.
  Curry county was created from the southeast portion of Quay county.


4-20-2. [Present organization to remain; county seat.]

  That the present organization of the county of Quay as to precincts, school districts, officials a nd
otherwise shall be and become the organization of the new county of Washington; the county seat of the
county of Washington shall be and remain at Tucu mmcari until changed according to law. A ll officials of
Quay county who were duly elected at the last general elect ion and who qualified as required by law and all
appointive officials duly qualified shall be and remain the officials of Washington county, holding their
respective offices for the time for which they were severally elected or appointed, and qualified, and they
shall perform all o f the duties relating to their respective offices in the county of Washington hereby
created.

4-20-3. [Funds, credits and taxes.]

  All funds, monies, rights, credits, licenses and taxes which belong to or were to be paid to the county of
Quay shall be and become the property of the county of Washington hereby created, and all such monies
and taxes shall be paid to the proper official o f Washington county; and any valid and existing
indebtedness, liability or obligation of the county of Quay shall be and become an indebtedness, liab ility or
obligation of the said county of Washington.

4-20-4.   [Precincts and school districts remain.]

  The precincts and school districts heretofore existing in Quay county and t he officials thereof shall be and
remain the same as they were until changed according to law.

4.20-5. [Records and tax rolls.]

  All records, tax ro lls, assessments and tax schedules heretofore belonging or pertaining to the county of
Quay shall belong to and become the property of the county of Washington. All things and acts or duties
which could have been legally required to be done or performed by any person, firm, corporation, board or
official in the county of Quay may also be required fro m such person, firm, corporation, board or official in
the county of Washington.




                                                      35
4-20-6. [Salaries of officers.]

  The officials of Washington county shall receive the same salaries respectively as they would have
received as officials in Quay county until otherwise provided by law.

4-20-7. [Change of name.]

 The name of Washington county, heretofore created, is hereby changed to Quay county.


                                         CHAPTER 4 - COUNTIES
                                       Article 21 -- Rio Arri ba County

Sec.                                                    Sec.
4-21-1. Orig inal county boundaries.                    4-21-2. Eastern boundary.

4-21-1. [Original county boundaries.]

  The boundaries of the county of Rio Arriba are as fo llo ws: on the south from the Puertecito of Pojuaque,
drawing a d irect line toward the west in the direct ion of the mesilla of San Yldefo nso; fro m the mesilla
crossing the Rio del Norte toward the west and continuing until it reaches the boundaries of the territory;
drawing a d irect line fro m said Puertecito de Po juaque toward the east until it reaches the last house of the
town of Cundiyo, toward the south, continuing the same line until it reaches the highest point of the
mountain of Nambe; fro m thence, following the summit of the mountain toward the north, until it reaches
the southern boundary of the county of Taos; this shall constitute the eastern boundary, and on the north the
boundary of the county of Taos, and on the west the boundary line of the territory.

Compiler’s notes. – After the creation of Rio Arriba county by the above section, the western part of Taos
county was added hereto by laws 1880, ch. 46, 2 which read: “Herea fter all that portion of the county of
Taos, on the west side of the public road leading from the Hot Springs in the county of Rio Arriba, to
Conejoe, in the state of Colorado, is hereby annexed to the county o f Rio Arriba," thereby making the
county of Rio Arriba constitute the northwest portion of the state. Other provisions concerning the
boundary with Taos are found in 4-21-2 NMSA 1978.
  San Juan county was created out of the western portion of Rio Arriba county in 1887, and other changes
have been made in the boundaries.
  The present boundaries of Rio Arriba county may be described as follows: commencing on the San Juan
river at the point where it croses the Colorado-New Mexico state line; thence [description from 4-24-1
NMSA 1978] following the San Juan river to its intersection with the range line between ranges 7 and 8
west; thence south on said range line to the seventh standard parallel north; thence west on said standard
parallel to the northwest corner of township 28 north of range 7 west; thence south on the range line
between ranges 7 and 8 west to the sixth standard parallel north; thence west on said standard parallel to
the northwest corner of township 24 north of range 7 west; thence south o n the range line between ranges 7
and 8 west to the southwest corner of section 18 township 24 north of range 7 west; thence east
[description from 4-23-1 NMSA 1978] on the center of township 23 north to the New Mexico principal
meridian; thence south on the principal meridian to the fifth standard parallel north; thence east on said
standard parallel to the range line between ranges 6 and 7 east; thence south on the range line between
ranges 6 and 7 east to the southwest corner of section 18 in township 20 north of range 7 east; thence east
[description of Espanola precinct transferred to Rio Arriba county by 4 -26-2 NMSA 1978] along the center
of township 20 north to the range line between ranges 8 and 9 east; thence north -northwesterly across
Arroyo Seco to the center line of U.S. highway 285; thence westerly along the center line of the highway
approximately 1,300 feet to a point which bears south 14 degrees 19 minutes west 32.44 feet from the
southeast corner of small holding claim No. 532; thence northea sterly to a point on the center line of the
Santa Cruz river; thence west 3,060 feet to the center of highway 285 at the north end of the bridge over
Santa Cruz river; thence northerly along the center line of U.S. highway 285 to a point opposite the
southwest boundary of small holding claim No. 412; thence northwesterly on the southwestern boundary of
said small holding claim to the east bank of the Rio Grande; thence northerly along the east bank of the



                                                      36
Rio Grande to the fifth standard parallel north; thence east [description from 4-26-1 NMSA 1978] on the
fifth standard parallel north to the range line between ranges 11 and 12 east; thence south on said range
line to the point where it crosses the mountain of Nambe; thence easterly and northerly [descripti on from
4-21-1 NMSA 1978] along the summit of the mountains to the point where the line described as being a
straight line from the last house of Las Tra mpas on the south side southeasterly to the junction of the Mora
and Sapello rivers [4-29-1 NMSA 1978] intersects the top of the divide; thence northwesterly along said
line to the front of the last house of Las Tra mpas on the south side; thence in a direct line northwesterly
over the mountain of Bajillo at Rincones to the first house of the town of Embudo [Rinconadal on the north
aids where the canon of Picuris terminates; thence in a straight line northwesterly [description from 4 -21-2
NMSA 1978] across the Rio Grande, past the north side of the house of Antonio Domingo Lucero, deceased
(south of Ojo Caliente), across the Ojo Caliente river to the summit of the Hot Springs mountains (western
boundary of Ojo aliente Grant); thence north along the west boundary of Ojo Caliente Grant to the
junction of the Canada de los Comanches with the Ojo Caliente river; t hence following the (Canada de los
Comanches and) the wagon road (1880) northerly to the point where it crosses Tres Piedras Arroyo west of
the house of Juan Estevan Rodriguez, deceased, at the town of Tres Piedras; thence westerly along said
Arroyo for a distance of 1 mile to the section line between sections 21 and 22 in township 28 north of range
9 east; thence north along said section line for a distance of 1 mile; thence east to the said road dividing
the counties; thence northerly along said wagon road to the southern boundary of the state of Colorado;
thence west on the state line to the point of beginning.

4-21-2. [Eastern boundary.]

   That the divid ing line between the counties of Taos and Rio Arriba shall be changed so to read as
follows: the same shall be a straight line fro m the point where the present dividing line between said
counties crosses the Rio Grande; thence to the north side of the house known as that of Antonio Domingo
Lucero, deceased; thence west, crossing the Ojo Caliente river, to the summit of the Hot Springs
mountains; and thence north to the junction the Canada de los Comanches with the Ojo Caliente river, and
thence following the wagon road to the crossing of the Tres Piedras arroyo west of the house of Juan
Estevan Rodriguez, deceased, at the town of Tres Piedras; thence running west with said arroyo for a
distance one mile; thence north for a d istance of one mile; thence east to the present dividing line of said
counties; and thence to the southern boundary of the state of Colorado. Provided, this will not affect any
lit igation now pending in said counties of Rio Arriba and Taos February 20th, 1905.

Compiler’s note.- The wagon road to Conejos, Colorado, was made the boundary by Laws 1880, ch. 46, 2.
See compiler’s notes to 4-21-1 NMSA 1978.


                                       CHAPTER 4 - COUNTIES
                                      Article 22 -- Roosevelt County

Sec.                                                   Sec.
4-22-1. Original county boundaries.                    4.22-3. County seat.
4-22-2. Addition to Roosevelt county.

4-22-1. [Original county boundaries.)

  That there be and hereby is created a county, to be known as and called Roosevelt county, out of that
portion of the territory of New Mexico included in the following boundaries, as indicated by the United
States survey, to wit: co mmencing at the southwest corner of township t wo south, range twenty-seven east
of the New Mexico principal base and meridian; thence north along the range line between [ranges) twenty -
six and twenty-seven east to the northwest corner of township four north of range twenty -seven east; thence
east along the north line of township four north (projected) to its point of intersection with the Texas -New
Mexico boundary line; thence south along the Texas -New Mexico boundary line to the point of its
intersection with the first standard parallel south (projected eastward); thence west along the first standard
parallel south to the southwest corner of township five south, range thirty -one east; thence north along the
range line between ranges thirty and thirty-one east to the southwest corner of township four south, range



                                                      37
thirty-one east; thence west along the south line of township four south, range thirty east, to the southwest
corner of township four south, range thirty east; thence north along the range line between ranges twenty -
nine and thirty east, to the southwest corner of township two south, range thirty east; thence west along the
south boundary line of township two south to the point of beginning.

Compiler's notes. - Roosevelt county was created by the above section from Chaves and Guadalupe
counties. Since its creation, the county of Curry was formed fro m the northeastern part, De Baca county
took a strip off the western side, and additional land was added on the south.
  The present boundary may be described as follows: commencing at the northwest corner of township 4
north of range 29 east; thence south [description from 4-6-1 NMSA 1978] on the range line between
ranges 28 and 29 to the southwest corner of township 1 north of range 29 east, on the New Mexico base
line; thence east on the base line to the northwest corner of township 1 south of range 29 east; thence south
on the range line between ranges 28 and 29 east to the southwest corner of township 2 south of range 29
east; thence east along the south boundary of township 2 south to the northwe st corner of township 3 south
of range 30 east; thence south [description from 4-22-1 and 4-22-2 NMSA 1978] along the range line
between ranges 29 and 30 east to the southwest corner of township 5 south of range 30 east which is on the
first standard parallel south; thence east on said standard parallel to the northwest corner of township 6
south of range 32 east; thence south on the range line between ranges 31 and 32 east to the southwest
corner of township 7 south of range 32 east; thence east on the township line between townships 7 and 8
south to the northwest corner of township 8 south of range 34 east; thence south on the range line between
ranges 33 and 34 east to the southwest corner of township 8 south of range 34 east; thence east on the
township line between townships 8 and 9 south to the western boundary line of the state of Texas; thence in
a northerly direction along the boundary line between Texas and New Mexico to its intersection with the
east and west center line of township I north; thence west [description from 4-5-1 NMSA 1978] along the
center line of township 1 north to the point of its intersection with the range line between ranges 30 and 31
east; thence north along the range line between ranges 30 and 31 east to the first standard parallel north;
thence west on said standard parallel to the point of beginning.
  This section was incorporated in article 15, chapter 24 of the 1915 Code. It was not reenacted by its
inclusion therein, but was compiled merely for convenience. See the 191 5 Code, p. 1665.

4-22-2. [Additi on to Roosevelt county.]

  That all that portion of the territory described as follo ws: co mmencing at the southwest corner of
township four south of range thirty east, thence south on range line to the southwest corner of township five
south of range thirty east; thence east on said township line which is also the first standard parallel south, to
the northwest corner of township six south of range thirty-two east; thence south on range line to the
southwest corner of township seven south of range thirty-two east; thence east on township line to the
northwest corner of township eight south of range thirty-four east; thence south on range line between
ranges thirty-three and thirty-four east to the southwest corner of township eight south of range thirty-four
east; thence east along the township line between townships eight and nine south to its intersection with the
western boundary line of the state of Texas; thence in a northerly direction along the boundary line between
Texas and New Mexico to the southeast corner of Roosevelt county; thence west along township line to the
southwest [southeast] corner of township five south of range thirty east; thence north on range line to the
northeast corner of township five south, range thirty east; thence west along township line to the place of
beginning, be and it hereby is annexed to the county of Roosevelt as a part and portion thereof for every
purpose.

Compiler’s note. – This section was a part of the act creating De Baca county. That act transferred a
portion of the western part of Roosevelt county to De Baca county and added the above -described territory
to Roosevelt county on the south.

4-22-3. [County seat-]

 That the county seat of the said county of Roosevelt shall be established at the town of Portales in said
county.




                                                       38
                                       CHAPTER 4 - COUNTIES
                                      Article 23 -- S andoval County

Sec.                                                   Sec.
4-23-1. County boundaries.                             4-23-2. County seat.

4-23-1. [County boundaries.]

  That there be and is hereby created a county, to be known as and called the county of Sandoval, out of
that portion of the territory of New Mexico included within the fo llo wing boundaries, to wit :
  beginning at a point three miles north of the southwest corner of township twenty -three north, of range
seven west of the New Mexico principal merid ian, according to the public land surveys of the United
States, and running thence east along the line three miles north of the line between townships twenty -two
and twenty-three north to the said principal merid ian, wh ich line shall form a part of the southern boundary
of Rio Arriba county; thence south along said principal meridian to the fifth standard parallel north; thence
east along said fifth standard parallel north to the range line between ranges six and seven east at the
northwest comer of township twenty north in range seven east; thence south along said range line between
ranges six and seven east; the same being the western boundary of Santa Fe county, to the southeast corner
of township twelve north in range six east of said principal merid ian; thence west along the township line
between townships eleven and twelve north, said line being the northern boundary of Bernalillo county, to
the boundary line of Valencia county at the northwestern corner of Bernalillo county; thence in a
northwesterly direction along the boundary line of Valencia county to the third standard parallel north;
thence west along said third standard parallel north, to the southeastern corner of McKin ley county; thence
north and along the eastern boundary line of McKin ley county to the fifth standard parallel north at the
southwest [northwest] corner of township twenty-one [twenty] north in range four west; thence west along
said fifth standard parallel north to the southeast corner of San Juan county at the southwest corner of
township twenty-one north in range seven west, and thence north along the range line between ranges seven
and eight west, said line being the easterly boundary of San Juan county, to the place of beginning.

Complier's notes. - A change was made in the boundaries of Sandoval county by the creation of Los Alamos
county by Laws 1949, ch. 134, compiled as 4-15-1 and 4-15-2 NMSA 1978.
  Due to an east-west correction on the fifth standard parallel north, the west line of the county intersects
said standard parallel at the northwest corner of township 20 north of range 4 west rather than at the
southwest comer of township 21 north of range 4 west. This correction has been indicated by the compiler
by means of the bracketed words.
  Sandoval county was originally created out of a por tion of Bernalillo county. The boundaries of the
original Sandoval county, as they appeared in Laws 1903, ch. 27, 1, were as follows: "A county is
created and established in the territory of New Mexico, to be known as the county of Sandoval, which shall
include all that portion of the present county of Bernalillo lying north of a line beginning at the southeast
corner of township 12 north, range 6 east of the New Mexico principal merid ian, and running thence due
west on the township line between townships 11 and 12 north, to the boundary line between the present
county of Bernalillo and the county of Valencia." The original Sandoval county was abolished by Laws
1905, ch. 10, 1.
  The sections of this article were incorporated in article 16, chapter 24 of the 1915 Code. They were not
 reenacted by their inclusion therein, but were compiled merely for convenience. See the 1915 Code, p.
 1665.

4-23-2. [County seat.]

 The county seat of the said county of Sandoval is hereby established at the town of Bernalillo in said
county.




                                                     39
                                        CHAPTER 4 - COUNTIES
                                       Article 24 -- S an Juan County

Sec.
4-24-1. Original county boundaries.

4-24-1. [Original county boundaries.]

  That all o f that portion of Rio Arriba county, New Mexico, co mprised with in the following boundaries, as
hereinafter described, shall form and constitute a new county, to be hereafter known as the county of San
Juan, to wit : co mmencing at the state line of Co lorado, running along the San Juan river to where the San
Juan crosses range line between ranges seven and eight [west; thence south on said range line], to the north
line of Bernalillo [McKinley] county; thence west to the line of Arizona; thence running north on the
Arizona line to the state of Colo rado; thence east to the place of beginning; also to include all the
settlements on the San Juan river below the mouth of the Los Pinos river.

Compiler's notes. - There is an ambiguity in the description of the east boundary of the county which may
have been due to an omission of part of the wording of the original bill during the process of enrolling and
engrossing. The compiler has inserted the bracketed words to complete the sense of the description.
  The original south boundary of San Juan county was amended by Laws 1901, ch. 39 [4 -17-1 NMSA
1978] and was fixed as being the fifth standard parallel north.
  This section was incorporated as article 17, chapter 24 of the 1915 Code. It was not reenacted by its
inclusion therein, but was compiled merely for convenience. See the 1915 Code, p. 1665.


                                        CHAPTER 4 - COUNTIES
                                      Article 25 -- S an Miguel County

Sec.                                                   Sec.
4-25-1. County boundaries.                             4-25-5. Records and tax rolls.
4-25-2. Present organization retained; county seat.    4-25-6. Salaries remain the same.
4-25-3. Funds, credits and taxes.                      4-25-7. Change of name.
4-25-4. Precincts and school districts remain the
      same.

4-25-1. [County boundaries.]

  That the present county of San Miguel is hereby abolished and there is hereby created the county of
Jefferson out of the area formerly in San M iguel county and also out of a triangular area within the Pablo
Montoya grant, lying between the counties of Guadalupe, Quay and San Miguel as it heretofore existed,
which said county of Jefferson shall be described and its boundaries shall be as follows, to wit:
  beginning at the southeast corner of the Baca location no. 2; thence west on th e south boundary of the
Baca location no. 2, to the southwest corner of the same; thence north on the west boundary of said Baca
location no. 2, to a point where it intersects the southeast boundary line of the Pablo Montoya grant; thence
southwesterly along the southeast boundary line of the Pablo Montoya grant to a point where the same
intersects the east boundary line of Guadalupe county; thence north along the eastern boundary line of
Guadalupe county to the northeast corner of said county; thence west along the north boundary line of
Guadalupe county to the northwest corner of Guadalupe county; thence south along the west boundary line
of Guadalupe county to the northeast corner of Torrance county; thence west along the north boundary line
of Torrance county to the southeast corner of Santa Fe county; thence north along the east boundary line of
Santa Fe county to a point where the same is intersected by the south boundary line of Mora county; thence
in an easterly direct ion following the south boundary lines of Mora and Harding counties to a point where
the same intersects (intersect] the northwest boundary line of the Pablo Montoya grant; thence northeasterly
along the northwest line of the Pab lo Montoya grant to the northeast corner of said grant; then ce
southeasterly along-the easterly boundary line of the Pablo Montoya grant to its points of intersection with
the north line of the Baca location no. 2; thence east along the north boundary line of the Baca location no.



                                                      40
2 to the northeast corner of said Baca location no. 2; thence south along the east boundary line of the Baca
location no. 2 to the southeast corner of said Baca location no. 2, and place of beginning.

Compiler's notes. - The county of San Miguel was originally established by act of January 9, 1852 ( 1107
of the 1915 Code) which read: "The boundaries of the county of San Miguel are as follows: on the east, the
boundary line of the territory; on the west, the boundaries of Santa Fe; on the north, the boundaries of the
counties of Taos and Rio Arriba, and on the south, drawing a line from Cibolo spring toward the north in
the direction of the Berrendo spring, from thence drawing a perpendicular line toward the east, crossing
the Pecos river, and continuing until it reaches the boundaries of the territory."
   The eastern part of the original county of San Miguel became a part of Union county when that county
was created, and later became parts of Harding and Quay counties.
   Laws 1923, ch. 142 abolished San Miguel county and established Jefferson county.
   Laws 1923, ch. 151, 1 (4-25-8 NMSG 1978) changed the name back to San Miguel county.
   As to the validity of changes in boundaries, oft State ex rel. Dow v. Graham, 33 N.M. 504,270 P. 897
(1928).
   Since 1941 changes have been made in the boundary between Harding and San Miguel counties. I;egal
descriptions of the changes are available in district court files of the respective counties.

4-25-2. [Present organization retained; county seat.]

  That the present organization of the county of San Miguel as to precincts, school districts, officials and
otherwise shall be and become the organization of the new county of Jefferson; that the county seat of the
county of Jefferson shall be and remain at Las Vegas until changed according t o law. A ll officials of San
Miguel county who were duly elected at the last general election and who qualified as required by law and
all appointive officials duly qualified shall be and remain the officials of Jefferson county, holding their
respective offices for the time for which they were severally elected or appointed, and qualified, and they
shall perform all o f the duties relating to their respective offices in the county of Jefferson hereby created.

4-25-3. [Funds, credits and taxes.]

   All funds, monies, rights, credits, licenses and taxes which belong to or were to be paid to the county of
San Miguel shall be and become the property of the county of Jefferson hereby created, and all such monies
and taxes shall be paid to the proper official o f Jefferson county; and any -valid and existing indebtedness,
liab ility or obligation of the county of San Miguel shall be and become an indebtedness, liability or
obligation of the said county of Jefferson.

4-25-4. [Precincts and school districts remain the same.]

  The precincts and school districts heretofore existing in San Miguel county and the officials thereof shall
be and remain the same as they were until changed according to law. The area included in the county of
Jefferson which is not within any precinct or school district of said county may be organized into precincts
or school districts in the manner provided by law.

4-25-5. [Records and tax rolls.]

 All records, tax ro lls, assessments and tax schedules heretofore belonging or pertaining to the county of
San Miguel shall belong to and become the property of the county of Jefferson. All things and acts or
duties which could have been legally required to be done or performed by any person, firm, corporation,
board or official in the county of San Miguel may also be required fro m such person, firm, corporat ion,
board or official in the county of Jefferson. Assessments of lands not assessed for the year 1923 shall be
made for said year in the county of Jefferson by the state tax co mmiss ion.

4-25-6. [Salaries remain the same.]

  The officials of Jefferson county shall receive the same salaries respectively as they would have received
as officials in San Miguel county until otherwise provided by law.



                                                       41
4-25-7. [Change of name.]

 That the name of the county of Jefferson, heretofore created, is hereby changed to San Miguel county.


                                        CHAPTER 4 - COUNTIES
                                       Article 26 -- S anta Fe County

Sec.                                                   Sec.
4-26-1. County boundaries.                             4-26-2. Espanola precinct attached to Rio Arriba
                                                               county.

4-26-1. [County boundaries.]

  The boundaries of Santa Fe county shall be defined as follo ws: co mmencing at the southeast corner of
township eight north, range eleven east; thence north between ranges eleven and twelve east, to the
northeast corner of township twenty north, range eleven east; thence west between townships twenty and
twenty-one north, to the northwest corner of township twenty north, range seven east; thence south between
ranges six and seven east to the southwest corner of township eight north, range seven east; thence east
between townships seven and eight north to the place of beginning.

Compiler's notes. - Since the enactment of this section, the following changes have been made in the
boundaries of Santa Fe county: on the north, Espanola precinct number 16 was detached and made a part
of Rio Arriba county [see 4-26-2 NMSA 1978 and also description of present boundaries of Rio Arriba
county in compiler's notes under 4-21-1 NMSA 1978]; on the south, the southern boundary was made the
township line between townships 9 and 10 north by the creation of Torrance county [see 4 -30-1 NMSA
1978]; on the
west, the present boundary is as described in this section, [see also 4 -23-1 NMSA 1978] although a change
in the boundary was made by Laws 1891, ch. 58 [see compiler's notes under 4-1-1 NMSA 1978]. The
eastern boundary remains as described in this section. A change also was made by the creation of Los
Alamos county by Laws 1949, ch. 134, compiled as 4-15-1 and 4-15-2 NMSA 1978.
  Santa Fe county was originally created by Laws 1852, p. 292, which read: "The boundaries of the county
of Santa Fe are, on the east, from the point of Torreones, drawing a direct line across the summit of the
mountain until It reaches the angle formed by the eastern and southern boundaries of the county of Rio
Arriba; ftom the above-mentioned point of Torreones, drawing a direct line toward the south, touching the
point called Salinas in the mountain of Galisteo, and continuing said line until it reaches the C ibolo spring;
from this point to the westward and turning the point of San Ysidro toward the north in the direction of
Juana Lopez, touching the mouth of Las Bocas canon, and from thence drawing a direct line toward the
north, until it reaches the boundaries of the county of Rio Arriba."
  The sections of this article were incorporated In article 19 and article 14 respectively of chapter 24 of the
1915 Code. They were not reenacted by their inclusion therein, but were compiled merely for convenience.
See the 1915 Code, p. 1665.

4-26-2. [Es panola precinct attached to Rio Arri ba county.]

 That all o f precinct number sixteen of Santa Fe county, known as Espanola precinct, be and the same is
hereby detached from Santa Fe county and made a part of Rio Arrib a county and attached to precinct
number seven of said Rio Arriba county.




                                                      42
                                        CHAPTER 4 - COUNTIES
                                        Article 27 -- Sierra County

Sec.                                               Sec.
4-27-1. Orig inal county boundaries.               4-27-3. County seat.
4-27-2. Boundary between Sierra and Grant counties.

4-27-1. [Original county boundaries.]

  All that part of the territory of New Mexico co mprised within the fo llo wing boundaries and limits, to wit:
commencing at the Mule springs, in Mule pass, in Cook's canyon range, in the county of Grant, and
running thence in a northwesterly direct ion along the summit of the Mimbres mountains to the north
boundary line of Grant county; thence west on said north boundary line to the one hundred and eighth
degree of longitude west of Green wich; thence north on said degree of longitude to the point where the
same intersects the north line of township line ten south, of New Mexico, being along the north line of [sic]
township ten south, range eleven west of the (principal] meridian of New Mexico; thence east on said
township line to the principal merid ian of New Mexico; thence South on said principal merid ian to the
south line of township seventeen south, of the United States survey; thence west along said south line of
said township number seventeen south, to the southwest corner of range four west, New Mexico principal
merid ian; thence south on the west line of said range line nu mber four west of said principal meridian of
New Mexico, to the southwest comer of township number n ineteen south, of range four west, New Mexico ;
thence west along the south line of township number nineteen south, to the southwest corner of township
nineteen south, range seven west, New Mexico p rincipal meridian; thence west -northwest to the place of
beginning on said south line to the boundary line of Grant county, shall form and constitute a new county,
to be known as and called Sierra county: provided, that the property thus separated from the county of
Socorro shall not be exempt fro m its share of taxat ion to pay the outstanding bonded indebtedness of
Socorro county.

Compiler’s notes. – The bracketed word “principal” in this section was inserted by the compiler as
necessary to a correct reading of the description.
  The words “township line 10 south, of New Mexico, being along the north line” preceding “[sic]” in this
section are unnecessary for a correct reading of this description.
  Sierra county was formed from parts of Grant, Dona Ana, and Socorro counties.
  By special election held March 7, 1950, certificate of which was filed with th e county clerk of Sierra
county on September 13, 1951, that portion of Socorro county lying south of the ninth township line south
of the New Mexico base line and east of New Mexico principal meridian was annexed to Sierra county.
  The current boundaries of Sierra county may be described as follows: commencing at Mule springs in
Mule pass in Cook's canyon range, and running thence in a northwesterly direction along the summit of the
Sierra Mimbres, or black range, to the line between townships 12 and 13 south of the New Mexico base
line; thence west along said township line to the 108th meridian west of Greenwich; thence north on said
meridian to the north line of township 10 south, range 11 west of the principal meridian of New Mexico;
thence east on said township line to the range line between ranges 5 and 6 east of the New Mexico
principal meridian; thence south on said range line to the second standard parallel south; thence east on
said standard parallel to the range line between ranges 6 and 7 east; t hence south on said range line to the
northeast corner of Dona Ana county [see compiler's notes under 4 -7-1 NMSA 1978]; thence southwesterly
along the former boundary between Socorro and Dona Ana counties (we 4 -7-2 NMSA 1978] to the
intersection of the New Mexico principal meridian with the third latitudinal section line south in township
17 south; thence south along the Now Mexico principal meridian to the south line of township 17 south;
thence west along said township line to the west line of range 4 west; thence south along said range line to
the south line of township 19 south; thence west along the south line of township 19 south to the west line of
range 7 west; thence northwest to the place of beginning.

4.27-2. [Boundary between Sierra and Grant counties.]

 That the boundary line between the counties of Sierra and Grant be, and the same in hereby located, fixed
and established as follows:



                                                      43
  beginning at a point where the line between townships 12 and 13 south of the New Mexico principal base
line intersects the one hundred and eighth (108th) meridian west of Greenwich, and running thence
eastwardly along the said line between said townships 12 and 13 south, to the summit of the Sierra
Mimbres, or Black range, and thence southwardly along the summit of said Sierra M imb res, or Black
range, to Mule springs in Mule pass in Cook's canyon range, and thence east -southeast to the southwest
corner of township 19 south of range 7 west of the New Mexico principal base and meridian.

4-27-3. [County seat.]

 The county seat of said county of Sierra is hereby permanently located and established at the town of
Hillsborough in said county of Sierra.


                                       CHAPTER 4 - COUNTIES
                                       Article 28 -- S ocorro County

Sec.
4-28-1. Original county boundaries.

4-28-1. [Original county boundaries.]

   The boundaries of the county of Socorro are as follows: on the south, drawing a d irect line to the
eastward fro m the Muerto spring in the Jornada in the direct ion of La Laguna, and continuing until it
terminates with the boundary of the territory; drawing a d irect line toward the west fro m said Muerto
spring, crossing the Rio del Norte, and continuing in the same direction until it terminates with the
boundary of the territory, shall be the southern boundary, and the northern b oundary is the southern
extremity of the county of Valencia.

Compiler's notes. - Socorro county, as originally created, touched both the eastern and western boundaries
of the territory. Lincoln county was created from the eastern part of Socorro county a nd Catron county
from the western part.
  Laws 1927, ch. 185, which attempted to abolish Catron county and divide its territory between Grant
county and a new county to be called Rio Grande county, the latter to include also all of Socorro county,
was held to violate N.M. Const., art. IV, 24, since its purpose was to change county boundaries by
special or local law, and not to create a new county, in State ex rel. Dow v. Graham, 33 N.M. 504, 270 P.
897 (IM).
  Laws 1927, ch. 186 would have changed the name of Rio Grande county, created by Laws 1927, ch. 185,
back to Socorro county, but since the latter was invalid, the former was of no effect.
  By a special election held on March 7,- 1950, certificate of which was filed with the county clerk of
Sierra county on September 13, 1951, there was annexed to Sierra county that portion of Socorro county
lying south of the ninth township line south of the Now Mexico base line.
  The current boundaries of Socorro county may be described as follows: commencing at the southeast
corner of township 9 south of range 9 west then east on the south line of township 9 south to the range line
between ranges 5 and 6 east; thence north along said range line to the line between townships 7 and 8
south; thence east along said township line to the range line between ranges 8 and 9 east; thence north
along said range line to the first parallel standard south; thence east along said standard parallel to the
southeast corner of section 31 in township 5 south of range 10 east; thence north along the section lines to
the New Mexico base line; thence west along said base line to the southeast corner of section 33 in
township 1 north of range 5 east; thence north through the center of range 5 east to the southeast corner of
Valencia county; thence south 82 degrees 39 minutes west 2 miles 544.6 feet to a point which bears north
38 degrees 27 minutes east 7768 feet from the southwest corner of section 6, township 2 north, range 5
east; thence north 63 degrees 17.5 minutes west 3 miles 1129.2 feet to a point on the centerline of the A.T.
& S.F. railway bridge over Abo arroyo; thence north 71 degrees 20 minutes west 15 miles 5075.8 feet to a
point described as being between the town of Jose Pino and the house of Jose Antonio Chavez on the e ast
bank of the Rio Grande; thence northwesterly to the confluence of Alamito canyon with the Rio Pu6rco;
thence due west on the section line 2 miles south of the first standard parallel north to the range line



                                                     44
between ranges 8 and 9 west; thence south on said range line to the New Mexico base line; thence east on
said base line to the northwest corner of township 1 south, range 8 west; thence south on the line between
ranges 8 and 9 west to the first standard parallel south; thence east on said standard pa rallel to the
northwest corner of township 6 south, range 8 west; thence south on the line between ranges 8 and 9 west
to the point of beginning.
  This section was incorporated in article 21, chapter 24 of the 1915 Code. It was not reenacted by its
inclusion therein, but was compiled merely for convenience. See the 1915 Code, p. 1665.


                                        CHAPTER 4 - COUNTIES
                                         Article 29 -- Taos County

Sec.
4-29-l. Orig inal boundaries.

4-29-1. [Original boundaries.]

   The boundaries of the county of Taos are as follows: on the south, from the first house of the town of
Embudo, on the upper side, where the canyon of Picuris terminates, drawing a direct line toward the south
over the mountain of Bajillo at the town of Rincones, until it reaches the front of the last house of Las
Trampas, on the south side; from thence, drawing a direct line toward the east, dividing the mountain, until
it reaches the junction of the rivers Mora and Sapello, and fro m thence to the boundary line of the territory;
fro m the above-mentioned house of Embudo, drawing a line toward the north over the mountain, and
dividing the Rio del Norte in the direction of the Tetilla de la Petaca; fro m thence taking a westward
direction until it terminates with the boundary line of the territory; and on the north by the boundary line of
the territory of New Mexico.

Compiler's notes. - Taos county as originally created was the northernmost county of the territory reaching
from the eastern to the western boundaries. Mora county was created from the eastern pa rt of Taos
county, and Colfax county was later created from the northern part of Mora county.
  The boundary between Taos and Colfax counties may be described as follows: commencing on the
township line between townships 23 and 24 north at a point where it intersects the summit of the divide
between the Rio Grande and the Canadian rivers; thence northerly [description based on 4 -18-2 NMSA
1978] along the summit of the divide to the southern base of Osha hill; thence northerly along the crest of
Osha hill to the southwest corner of the Maxwell Land Grant; thence northerly along the western boundary
of the Maxwell Land Grant (which generally follows the summit of the divide) to its junction with the
eastern boundary of the Sangre de Cristo Grant; thence north erly along the eastern boundary of the
Sangre de Cristo Grant to the Colorado-New Mexico state line.
  The boundary with Mora county is described in 4-18-1 and 4-18-2 NMSA 1978 and compiler's notes
 thereunder.
  The southern boundary with Rio Arriba county is described in this section and also the compiler's notes
 under 4-21-1 NMSA 1978.
  The western boundary with Rio Arriba county was altered by Laws 1880, ch. 46, 2, which read:
"Hereafter all that portion of the county of Taos, on the west side of the public road leading from the Hot
Springs in the county of Rio Arriba, to Conejos, in the state of Colorado, is hereby annexed to the county of
Rio Arriba."
  The boundary with Rio Arriba county west of the Rio Grande is described in 4 -21-2 NMSA 1978 and the
 compiler's notes under 4-21-1 NMSA 1978.
  The north boundary of Taos county is the state line.
  This section was incorporated in article 22, chapter 24 of the 1915 Code. It was not reenacted by its
inclusion therein, but was compiled merely for convenience. See the 1915 Code, p. 1665.




                                                      45
                                       CHAPTER 4 - COUNTIES
                                      Article 30 -- Torrance County

Sec.                                                  Sec.
4-30-1. County boundaries.                            4-30-2. County seat.

4-30-1. [County boundaries.]

  That a county which shall be known as Torrance county is hereby created out of that portion of the
territory of New Mexico included within the following boundaries, as indicated by the United States
surveys, to wit.
  co mmencing at the standard corner to sections no. 33 and no. 34, township one north, range five east of
the New Mexico principal base line, and running thence north through the center of townships one, two and
three north to the line between townships three and four north; thence west on the said township line to the
southwest corner of township four north, range five east; thence north on the range line between ranges
four and five east, to the southwest corner of township eight north, range five east; thence east on the
township line between townships seven and eight north to the southeast corne r of township eight north,
range seven east; thence north on the range line between ranges seven and eight east to the northwest
corner of township eight north, range eight east, on the second standard parallel north; thence west on the
second standard parallel north to the southwest corner of township nine north, range seven east; thence
north on the range line between ranges six and seven east to the northwest corner of township nine north,
range seven east; thence east on the township line between townsh ips nine and ten north, to the northeast
corner of township nine north, range fifteen east; thence south on the range line between ranges fifteen and
sixteen east, to the New Mexico principal base line; and thence west on mid New Mexico principal base
line to the place of beginning.

Compiler's notes. - Torrance county was formed principally from the county of Valencia but also took in
portions of other counties.
  The sections of this article were incorporated in Article 23, chapter 24 of the 1915 Code. They were not
 reenacted by their inclusion thereof, but were compiled merely for convenience. See the 1915 Code, p.
 1665.
  Laws 1905, ch. 2, 1 1, which amended the boundaries of the county and changed the county seat, was in
the nature of a purpose clause.

4-30-2. [County seat.]

 The county seat of the said county of Torrance shall be, and the same is hereby located at the town of
Estancia in said county.


                                       CHAPTER 4 - COUNTIES
                                       Article 31 -- Uni on County

Sec.                                                  Sec.
4-31-1. Original county boundaries.                   4-31-2. County seat.

4-31-1. [Original county boundaries.]

  That the county of Union is hereby created out of that portion of the territory of New Mexico lying and
being situate within the following metes and bounds, to wit: co mmencing at a point on the line between the
state of Co lorado and the territory of New Mexico where the range line between ranges twenty -seven and
twenty-eight east crosses said line between the territory of New Mexico and state of Colo rado; thence from
said point, running south on said range line between ranges twenty-seven and twenty-eight east, to the
south line of the county of Mora, in said territory; thence east along the south line of the said county of
Mora to the east line of what is known and called the Pab lo Montoya grant; thence in a southeasterly
direction along the easterly line of the said Pablo Montoya grant to the north line of what is called and



                                                     46
known as Baca location number t wo; thence east along the north line of said Baca location number two to
the northeast corner of said Baca location nu mber two; thence south along the east line of said Baca
location number t wo to the southeast corner of said Baca location nu mber two; thence continuing south to
the township line between townships eleven and twelve north; thence east along said line between
townships eleven and twelve north, to the east line of the territory of New Mexico; thence north on the east
line of the territory of New Mexico to the northeast corner of said territory of New Mexico; thence west
along the north line of said territory of New Mexico, to the range line, between ranges twenty -seven and
twenty-eight east, the point of beginning.

Compiler’s notes. - Union county was formed from the eastern portion of Colfax, Mora, and San Miguel
counties. Harding and Quay counties have since been formed from the southern parts of Union county.
   The present boundaries of Union county may be described as follows: commencing at a point on the line
between the states of Colorado and New Mexico where the range line between ranges 27 and 28 east meets
said state line; thence south [description from 4-31-1 NMSA 1978] on the range line between ranges 27
and 28 east to the southwest corner of township 23 north of range 28 east [description from 4 -11-1 NMSA
1978]; thence east on the township line between townships 22 and 23 north to the range line between
ranges 29 and 30 east; thence south on the range line between ranges 29 and 30 east to the township line
between townships 21 and 22 north; thence east on said township line to the range line between ranges 33
and 34 east; thence south on said range line to the fifth standard parallel north; thence west on said
standard parallel to the northwest corner of township 20 north of range 34 east; thence south on th e range
line between ranges 33 and 34 east to the township line between townships 17 and 18 north; thence east on
the township line to the boundary line between the states of New Mexico and Texas [description from 4 -20-
1 NMSA 1978]; thence north on the east boundary line of the state to the south line boundary of the state
of Colorado; thence west on the New Mexico-Colorado state line to the point of beginning.
   The sections of this article were incorporated in article 24, chapter 24 of the 1915 Code. They were not
reenacted by their inclusion therein, but were compiled merely for convenience. See the 1915 Code, p.
1665.

4-31-2. [County seat.]

  The county seat of the county of Union shall be and the same is hereby located in the town of Clayton in
said county.


                                        CHAPTER 4 - COUNTIES
                                       Article 32 -- Valencia County

Sec.
4-32-1. Original county boundaries.

4-32-1. [Original county boundaries.]

  The county of Valencia shall be bounded as follows: on the south, drawing a line fro m a point between
the town of Jose Pino and the house of Jose Antonio Chavez toward the east in the direct ion of the Bocas
de Abo, and continuing said line along the Galiban mountain until it terminates with the boundaries of the
territory; drawing a direct line fro m the s tarting point of the eastern line, crossing the Rio del Norte,
touching the dividing line between Belen and Sabinal, continuing the line in the direction of the canada of
the Alamito del Rio Puerco, and following in the direction of Puerto de la Bolita de Oro, until it terminates
with the boundary of the territory; on the north to be bounded by the county of Bernalillo.

Compiler’s notes. - Valencia county, which originally touched the east and west boundaries of the territory,
has been greatly reduced in size since it was created by the above section.
  The present boundaries of the county may be described as follows: commencing at the junction of the
Arizona-New Mexico state line with the second standard parallel north; thence south on the state line to t he
north line of Catron county; thence east and southeasterly on the north line of Catron and Sooorro counties
[description from this section; see also compiler’s notes under 4 -28-1 NMSA 1978] to the eastern



                                                     47
boundary with Torrance county-, thence north [description from 4-28-l NMSA 1978] following the
boundary line with Torrance county to the southeast corner of section 33 in township 8 north of range 5
east; thence northerly and westerly [description from 4-1-2 NMSA 1978; see also compiler's notes under 4-
1-1 NMSA
 1978] to the south base of Isleta hill on the east bank of the Rio Grande; thence down the Rio Grande to its
 intersection with the original north boundary line of the county; thence west and northwesterly
[description from this section) on the present boundary with Bernalillo and Sandoval counties to the third
standard parallel north; thence west on the south boundary of Sandoval and McKinley counties [see 4 -17-1
and 4-23-1 NMSA 1978] to the state line and point of beginning.
  This section was incorporated in article 25, chapter 24 of the 1915 Code. It was not reenacted by its
inclusion therein, but was compiled merely for convenience. See the 1915 Code, p. 1665.


                                         CHAPTER 4 -- COUNTIES
                             Article 35 -- Determi nation of B oundary Dis putes

Sec.                                                      Sec.
4-35-1. Boundary commission; members.                     4-35-4. Boundary commission; inability to locate
4-35-2. Survey; plat and field notes.                              line; procedure for judicial determination.
4-35-3. District attorney; duties; payment of
        expenses.

4-35-1. [Boundary commission; members.]

 That whenever the location of the boundary line between two or mo re counties is in dispute such
controversy shall be settled by a boundary commission consisting of the chairman of the board of county
commissioners and county surveyor of each of the counties affected by such dispute and the district
attorney of the district in which such counties are situate.
 If such counties are in more than one judicial district, the d istrict attorney of each district shall be a
member of such commission.

4-35-2. [Survey; plat and fiel d notes.]

  It shall be the duty of such boundary commission to cause a joint survey to be made of such boundary
line accord ing to the description thereof in the statutes and to have such line plainly marked by suitable
monu ments set at convenient intervals and to cause a plat and field notes of such survey to be filed in the
office o f the county clerk of each of said counties. Such plat and field notes shall be signed and certified by
the members of the boundary commission as the official p lat and field notes of said boundary line as
located by the commission.

4-35-3. [District attorney; duties; payment of expenses.]

  The district attorney or district attorneys, as the case may be, shall call a meeting of the co mmission to
arrange for making such joint survey.
  The officers serving on such boundary commission shall receive no additional co mpensation for such
services. The expense incurred by the commission for transportation, subsistence and the necessary
assistants and employees shall be borne share and share alike by the, several counties interested, to be paid
upon warrants drawn by the several boards of county commissioners.

4-35-4. Boundary commission; inability to l ocate line [; procedure for judicial determination].

 If for any reason the joint boundary commission be unable to locate the boundary line according to the
description thereof in the statutes, the commission shall certify such disagreement to the attorney general of
the state of New Mexico, and it shall thereupon be the duty of the attorney general of the state of New
Mexico to forthwith file petition in the district court of the judicial district wherein the two counties
disagreeing as to the boundary are located, or, if said counties are in t wo judicial districts, said petition shall



                                                        48
be filed in either of said judicial districts as may be determined by the said atto rney general of the state of
New Mexico; such petition shall accurately describe by metes and bounds or by section, township and
range, the area in controversy. The judge of the district court in which such petition is filed shall thereupon
enter an order fixing a time and place fo r hearing upon said petition, and cause such notice thereof to be
given to interested parties as the court in such order may prescribe. Upon such hearing the court shall
receive and hear such competent evidence as may be materia l to prove the true location of such county line
as fixed by the statutes of New Mexico; and the court shall fro m such evidence determine and fix by
judicial decree the boundary line between the two counties, as it may find the same to exist under the laws
of the state of New Mexico and shall assess the costs to the parties as to the court may seem just and
equitable. The board of county commissioners of either county interested, or any taxpayer of the district or
area involved in the controversy may appear at said hearing and introduce evidence as to the true location
of such boundary line. In the event such decree shall establish a boundary line different fro m the line
theretofore recognized by either county in the matter o f assessment and collection of taxes, or by indiv idual
owning real estate in the area thus in controversy in the matter of the filing or recording of instruments of
writing affecting such real estate, such decree shall not affect taxes or p roperty already assessed for taxes at
the time of the rendit ion of such decree, and the record of instruments affecting such real estate made in
good faith in either county before the rendition of said decree shall not be affected thereby, but such filing
or recording of such instruments shall be legal, and have the same effect as if such instruments had been
filed or recorded in the proper county as determined by the decree so establishing such boundary line.


                                         CHAPTER 4 -- COUNTIES
                                        Article 42 -- County Surveyor

Sec.                                                     Sec.
4-42-1. County surveyor; election; qualifications.       4-42-8. Surveying of lands divided by county line.
4-42-2. Injuries by surveyors; suit on bond.             4-42-9. County boundaries; survey in accordance
4-42-3. Surveys for use in court; authority to           with United States manual o f instructions.
        ad minister oaths; testimony.
4-42-4. Office; books; records of surveys.               4-42-10. County surveying; surveys by county
4-42-5. Method of calculat ion; reestablishing                    surveyor.
        corner, in accordance with United States         4-42-11. County surveyor; contracting.
        manual of instructions.                          4-42-12, Survey books; admissibility in evidence.
4-42-6. Interference with surveyor; penalty;             4-42-13. Surveys to be numbered; tax assessment by
        damages.                                                  reference to number.
4-42-7. Fees; purchase of plats of United States         4-42-14. Lines and comers not to be changed;
           surveys; admissibility of cert ified                   private lands not to be surveyed without
           copies of surveys as evidence; filing copy            consent.
           of surveys.                                   4-42-15. County surveys.

4-42-1. County surveyor; electi on; qualifications.

  The office of county surveyor is created in the several counties. No person is eligible to hold the office
who is not a practical land surveyor actually engaged in the business. A county surveyor shall be elected
for each county in the same manner that other county officers are elected and he shall hold his office for the
term of t wo years and until his successor is elected and qualified. His term of office shall co mmence on
January 1 succeeding his election.

4-42-2. [Injuries by surveyors; suit on bond.]

  Any person who may be in jured by the neglect, misconduct or inefficiency of any county surveyor, or
any of his deputies, may institute suit on the bond executed by such county surveyor and his sureties; and in
case the party for whose benefit such suit may be brought shall obtain a judgment fo r any damage or loss
by him sustained, he may sue out an execution on such judgment, as in other cases, and the bond may be
sued on in like manner by each and every person aggrieved.




                                                        49
4-42-3. [Surveys for use in court; authority to admi nister oaths; testimony.]

  When any county surveyor is called upon to make any survey or surveys which are to be used in any
court, such county surveyor is hereby authorized and required, upon application of either party, to
administer an oath or affirmation to any witness who may be brought to prove any corner or line of said
survey or surveys, or of any natural or art ificial object or mark wh ich may be necessary to identify the
same; which testimony shall be reduced to writing and subscribed by the witness or witnesses, a nd a return
made thereof with the return of the surveyor.

4-42-4. [Office; books; records of surveys.]

  The county surveyor shall keep his office at the county seat, and shall keep two books of record, which
shall be furnished him by the county commiss ioners for that purpose, which books he shall transmit to his
successor in office. One book shall contain the calculat ions by latitudes and departures of all surveys made
by him or h is deputies, and each calculation shall have a corresponding number with the plat and field notes
to which it refers in the book of records. The other book shall be a book of records and so constituted as to
have the left page for diagrams and plats, and the right page for notes and remarks; and each diagram and
plat shall be nu mbered progressively, and the field notes of the survey so recorded shall contain a full
statement of such surveys, with the variations of the magnetic needle, length of lines, location of co mers,
with description of such corners, also description of all witness trees, and other marks used as witness
marks for such corners, with size, distance and course.

4-42-5. [Method of calculati on; reestablishing corners in accordance wi th United States manual of
instructions.]

  All calculat ions to ascertain the contents of a tract of land by the county surveyor shall be made by
latitudes and departures, and on each plat shall be laid down the variations of the magnetic needle fro m the
true meridian. In reestablishing missing corners the county surveyor shall est ablish said corners in strict
accordance with the manual of instructions of the United States to the United States deputy surveyors.

4-42-6. [Interference with surveyor; penal ty; damages.]

  If any county surveyor shall be mo lested or prevented fro m doing or performing any of his official duties
by means of threats or improper interference of any person or persons, such surveyor shall call on the
sheriff, constable or other peace officer of the county, who shall acco mpany him and affo rd him all
necessary protection against any person or persons thus threatening or improperly interfering with any
county surveyor while performing his official duties; such person or persons so offending shall, on
conviction thereof before any court of competent jurisdiction, be fined in a sum not less than five dollars
($5.00) nor exceeding one hundred dollars ($100), and moreover be liable for all damages caused to any
person by the hindrance of the surveyor, and also for all the expenses that may accrue in consequence of
the attendance of the sheriff or officer and the delay of the surveyor.

4-42-7. Fees; purchase of pl ats of Uni ted States surveys; admissibility of certified copies of surveys as
evi dence; filing copy of surveys.

  The expense of the chain carriers and co mer man shall be paid in advance, if required by the county
surveyor or his deputy, by the party on whose application the survey may be made, and the money so
advanced shall be accounted for by the surveyor, and the amount expended to be taxed on the bill o f costs.
However, each surveyor may retain the return of any survey by him made until he is paid the fee
established by law and may collect fees by action. The county commissioners of each county in this state,
at their discretion, may procure copies, duly cert ified by the surveyor general to be correct, of the field
notes and plats of the original surveys by the United States of the lands of their county, and shall bind the
plats and field notes each substantially in book form and keep them in the count y surveyor's office for the
benefit of the public. The cert ificate of the county surveyor or any of his deputies as to the correctness or
accuracy of any survey, plat or field notes made by him or any cert ified copy of them shall be ad mitted as
legal ev idence in any court of the state, but only when the surveyor is dead or when it is impossible to



                                                      50
obtain his evidence either by his personal attendance or by means of a deposition taken according to law.
This evidence may be exp lained or rebutted by other evidence. The county surveyors of the different
counties of this state may ad minister all oaths or affirmat ions necessary to be admin istered to road viewers,
and for all other purposes necessary to the discharge of their official duties. A copy of all surv eys shall be
filed with the county clerk by the county surveyor.

4-42-8. [Surveying of l ands di vi ded by county line.]

 Any person owning or claiming lands where the same are div ided by a county line, and wishing to have
such lands surveyed, may apply to the surveyor of any county in which any part of such land is situate, and
on such application being made, the surveyor is authorized to make such survey, which shall be as valid as
though such lands were situate entirely in one county.

4-42-9. [County boundaries; survey in accordance with United States manual of instructi ons.]

  Where a boundary line between two counties is to be established, the county surveyors or their deputies,
of the two counties affected by such boundaries, shall together make the survey and establish the lines and
erect monuments, and all co mers set by the county surveyor or his deputies shall be made in strict
conformity with the manual of instructions of the United States.


4-42-10. [County surveying; surveys by county surveyor .]

 All county surveying, engineering on roads and bridges, shall be performed by the county surveyor and he
shall by virtue of his office be one of the viewers in the establishing of new roads or the location of bridges.

4-42-11. County surveyor; contracti ng.

 Private individuals may contract for the wo rk of county surveyors.

4-42-12. [Survey books; admissibility in evi dence.]

  All surveys made under and by virtue and in comp liance with the provisions of this article [4-42-1 to 4-
42-15 NMSA 1978] shall be deemed and taken to be in all counties of this state as prima facie correct, and
the survey books in this article provided shall be received in evidence in all courts of this state only when
the surveyor may be dead, or when it shall be impossible to obtain his evidence either by his personal
attendance or by means of a deposition taken according to law.

4-42-13. [Surveys to be numbered; tax assessment by reference to number.]

  All surveys made by the county surveyors of the several counties in accordance with this article [4-42-1
to 4-42-15 NMSA 1978], which are not government subdivisions, shall be numbered with a consecutive
series of numbers, co mmencing with thirty-seven, and it shall be the duty of the assessor in each county to
enter for taxat ion in his book all lands liab le for taxation, referring to them by the proper number as
designated by the county surveyor in his records.

4-42-14. [Lines and corners not to be changed; pri vate l ands not to be surveyed without consent.]

 Nothing in th is article [4-42-1 to 4-42-15 NMSA 1978] shall be construed to empower any county
surveyor to change the established lines or corners of any land owned or possessed by any person or
persons, and no private lands shall be surveyed except by the consent of the owner of said land.

4-42-15. County surveys.

 The board of county commissioners is authorized to have the lands of the county, or any portion thereof,
surveyed by the county surveyor, another surveyor deputized by him or any licensed land survey or under



                                                       51
the direction and in accordance with the instructions of the board of county commissioners. The board of
county commissioners is authorized to purchase from any surveyor who may have made, under the
supervision of the county surveyor, any survey and the plats, maps and field notes thereof, payment to be
made fro m the county general fund.


                                        CHAPTER 4 -- COUNTIES
               Article 44 -- S alaries and Provisions Applicable to More than One Office

Sec.                                                     Sec.
4-44-1. Classificat ion for salary purposes.             4-44-6. Class C counties; salaries. (Effect ive
4-44-2. Biennial determination of classification.                 January 1, 1999.)
4-44-3. Establishment of H class counties.               4-44-7. First class counties; over twenty-seven
4-44-4. Class A counties; salaries. (Effective                    million dollars valuation; salaries.
         until January 1, 1999.)                                  (Effect ive until January 1, 1999.)
4-44-4. Class A counties; salaries. (Effective           4-44-7. First class counties; over twenty-seven
         January l, 1999.)                                        million dollars valuation; salaries.
4-44-4.1. Class B counties; over three hundred                    (Effect ive January 1, 1999.)
          million dollars valuation; salaries.           4-44-8. First class counties; under twenty-seven
         (Effect ive until January 1, 1999.)                      million dollars valuation; salaries
4-44-4.1. Class B counties; over three hundred mil-               (Effective until January 1, 1999.)
           lion dollars valuation; salaries.              4-44-8. First class counties; under twenty-seven
           (Effective January 1, 1999.).                          million dollars valuation; salaries.
4-44-5. Class B counties; salaries. (Effect ive until           (Effect ive January 1, 1999.)
           January 1, 1999.)                             4-44-12.1. Equity.
4-44-5. Class B counties; salaries. (Effect ive          4-44-12.3. Legislat ive intent; uniform salary
           January 1, 1999.)                                      changes.
4-44-6. Class C counties; salaries. (Effect ive until    4-44-14. H class counties; salaries and expenses.
           January 1, 1999.)                                      (Effect ive January 1, 1999.)
                                                         4-44-44. Pet ition for restoration of abolished offices;
                                                                  election; ballots.

4-44-1. Cl assification for sal ary purposes.

  Fo r the purpose of fixing salaries of county officers, the several counties of the state except "H" class
counties are hereby classified as follows:
  Those having a final, fu ll assessed valuation of over seventy -five million dollars ($75,000,000) and
having a population of one hundred thousand persons or more as determined by the last official United
States census, as class "A" counties.
  Those having a final, fu ll assessed valuation in excess of seventy-five million dollars ($75,000,000) with
a population less than one hundred thousand persons as determined by the last official United States census,
as class "B" counties.
  Those having a final, fu ll assessed valuation in excess of forty-five million dollars ($45,000,000) with a
population less than one hundred thousand persons as determined by the last official United States census,
as class "C" counties.
  Those having a final, fu ll assessed valuation of over fourteen million dollars ($14,000,000) as counties of
the first class.
  Those having a final, fu ll assessed valuation of eight and one-fourth million dollars ($8,250,000), and
under fourteen million dollars ($14,000,000), as counties of th e second class.
  Those having a final, fu ll assessed valuation of six and one-half million dollars ($6,500,000), and under
eight and one-fourth million dollars ($8,250,000), as counties of the third class.
  Those having a final, fu ll assessed valuation of four and three-fourths million dollars ($4,750,000), and
under six and one-half million dollars ($6,500,000), as counties of the fourth class.
  Those having a final, fu ll assessed valuation of less than four and three-fourths million dollars
($4,750,000), as counties of the fifth class.
  The assessed valuation for each year shall be the full valuation as finally fixed for said year.



                                                        52
4-44-2. Biennial determinati on of classification.

  Fro m and after January 1, 1962, the classification of counties shall be fixed and governed by the assessed
valuation as finally fixed for the preceding year. Provided, one hundred twenty days after January 1, 1962
and one hundred twenty days fro m January 1 of each second year thereafter, the classification shall be
determined by the secretary of finance and admin istration fro m the assessed valuation of each county as
finally fixed for the preceding year, and the secretary of finance and administration upon making the
determination shall notify the board of county commissioners of each county of the class within wh ich each
of the counties of this state falls according to the classification, and the classificat ion as so fixed and
determined by the secretary of finance and admin istration shall govern the salaries of the county officers
for the two years beginning January 1, 1963 and each two years thereafter.

4-44-3. Establishment of H class counties.

 There is hereby created and established a further and additional classificat ion of counties in New Mexico,
which shall be and are hereby declared to be and are described as H class counties. Any county which
covers an area of not more than 200 square miles shall be a county of the H class.

4-44-4. Cl ass A counties; salaries. (Effecti ve until January 1, 1999.)

 The annual salaries of elected officers of class A counties shall not exceed:
   A. county commissioners, nineteen thousand four hundred forty -two dollars ($19,442) each;
   B. treasurer, forty-three thousand sixty-eight dollars ($43,068);
   C. assessor, forty-three thousand sixty-eight dollars ($43,068);
   D. sheriff, forty-four thousand nine hundred thirteen dollars ($44,913);
   E. county clerk, forty-three thousand sixty-eight dollars ($43,068);
   F. probate judge, eighteen thousand nine hundred fifty dollars ($18,950); and
   G. county surveyor, nineteen thousand four hundred forty -two dollars ($19,442).

4-44-4. Class A counties; salaries. (Effective January 1, 1999.)

 The annual salaries of elected officers of class A counties shall not exceed:
   A. county commissioners, twenty-two thousand three hundred fifty-eight dollars ($22,358) each;
   B. treasurer, forty-nine thousand five hundred twenty-eight dollars ($49,528);
   C . assessor, forty-nine thousand five hundred twenty-eight dollars ($49,528);
   D. sheriff, fi fty-one thousand six hundred fifty dollars ($51,650);
   E. county clerk, forty-nine thousand five hundred twenty-eight dollars ($49,528);
   F probate judge, twenty-one thousand seven hundred ninety-two dollars ($21,792); and
   G. county surveyor, nineteen thousand four hundred forty-two dollars ($19,442).

4-44-4.1. Class B counties; over three hundred million dollars valuation; salaries. (Effecti ve until
January 1, 1999.)

 The annual salaries of elected officers of class B counties with an assessed valuation of over three
hundred million dollars ($300,000,000) shall not exceed:
   A. county commissioners, fifteen thousand twelve dollars ($15,012) each;
   B. treasurer, thirty-seven thousand six hundred fifty-three dollars ($37,653);
   C. assessor, thirty-seven thousand six hundred fifty-three dollars ($37,653);
   D. sheriff, thirty-nine thousand two hundred fifty-three dollars ($39,253);
   E. county clerk, thirty-seven thousand six hundred fifty-three dollars ($37,653);
   F. p robate judge, thirteen thousand one hundred sixty-six dollars ($13,166); and
   G. county surveyor, a reasonable rate of co mpensation as determined by the board of co unty
commissioners.




                                                     53
4-44-4.l. Class B counties; over three hundred million dollars valuation; salaries. (Effective Ja nuary 1,
1999.)

 The annual salaries of elected officers o f class B counties with an assessed valuation of over three
hundred million dollars ($300,000,000) shall not exceed:
   A. county commissioners, seventeen thousand two hundred sixty-four dollars ($17,264) each;
   B. treasurer, forty-three thousand three hundred one dollars ($43,301);
   C. assessor, forty-three thousand three hundred one dollars ($43,301);
   D. sheriff, forty-five thousand one hundred forty-one dollars ($45,141);
   E. county clerk, forty-three thousand three hundred one dollars ($43,301),
   F probate judge, fi fteen thousand one hundred forty-one dollars ($15,141); and
   G. county surveyor, a reasonable rate of compensation as determined by the board of county
commissioners.

4-44.5. Class B counties; salaries. (Effecti ve until January 1, 1999.)

 The annual salaries of elected officers of c lass B counties with an assessed valuation of over seventy-five
million dollars ($75,000,000) but under three hundred million dollars ($300,000,000) shall not exceed:
    A- county commissioners, ten thousand seven hundred five dollars ($10,705) each;
     B. treasurer, thirty-two thousand two hundred thirty-nine dollars ($32,239);
     C. county assessor, thirty-two thousand two hundred thirty-nine dollars ($32,239);
     D. county sheriff, thirty-three thousand seven hundred sixteen dollars ($33, 716);
     E. county clerk, thirty-two thousand two hundred thirty-nine dollars ($32,239);
     F. p robate judge, seven thousand five hundred six dollars ($7,506); and
     G. county surveyor, a reasonable rate of co mpensation as determined by the bo ard of county
commissioners.

4-44-5. Class B counties; salaries. (Effective January 1, 1999.)

 The annual salaries of elected officers o f class B counties with an assessed valuation of over seventy -five
million dollars ($75,000,000) but under three hundred million dollars ($300,000,000) shall not exceed:
    A. county commissioners, twelve thousand three hundred eleven dollars ($12,311) each;
    B. treasurer, thirty-seven thousand seventy-five dollars ($37,075);
    C . county assessor, thirty-seven thousand seventy-five dollars ($37,075);
     D. county sheriff, thirty-eight thousand seven hundred seventy-three dollars ($38,773);
    E. county clerk, thirty-seven thousand seventy-five dollars ($37,075);
    F probate judge, eight thousand six hundred thirty-two dollars ($8,632); and
     G. county surveyor, a reasonable rate of compensation as determined by the board of county
commissioners.

4-44-6. Cl ass C counties; salaries. (Effecti ve until January 1, 1999.)

 The annual salaries of elected officers of class C counties shall not exceed:
   A- county commissioners, ten thousand seven hundred five dollars ($10,705) each;
   B. county treasurer, thirty-t wo thousand two hundred thirty-nine dollars ($32,239);
   C. county assessor, thirty-two thousand two hundred thirty-nine dollars ($32,239);
   D. county sheriff, thirty-three thousand seven hundred sixteen dollars ($33,716);
   E. county clerk, thirty-two thousand two hundred thirty-nine dollars ($32,239);
   F. p robate judge, seven thousand five hundred six dollars ($7,506); and
   G. county surveyor, a reasonable rate of co mpensation as determined by the board of county
commissioners.

4-44-6. Class C counties; salaries. (Effective January 1, 1999.)

 The annual salaries of elected officers of class C counties shall not exceed:
   A county commissioners, twelve thousand three hundred eleven dollars ($12,311) each;



                                                      54
   B. county treasurer, thirty-seven thousand seventy-five dollars ($37,075);
   C . county assessor, thirty-seven thousand seventy-five dollars ($37,075);
   D. county sheriff, thirty-eight thousand seven hundred seventy-three dollars ($38,773);
   E. county clerk, thirty-seven thousand seventy-five dollars ($37,075);
   P probate judge, eight thousand six hundred thirty-two dollars ($8,632), and
   G. county surveyor, a reasonable rate of compensation as determined by the board of county
commissioners.

4-44-7. First class counties; over twenty-seven million dollars valuati on; salaries. (Effecti ve until
January 1, 1999.)

 The annual salaries of elected officers of counties of the first class with an assessed valuation of over
twenty-seven million dollars ($27,000,000) but under forty-five million dollars ($45,000,000) shall not
exceed:
   A- county commissioners, nine thousand seven hundred twenty -one dollars ($9,721) each;
   B. treasurer, twenty-three thousand six hundred twenty-six dollars ($23,626);
   C. assessor, twenty-three thousand six hundred twenty-six do llars ($23,626);
   D. sheriff, t wenty-five thousand four hundred seventy-one dollars ($25,471);
   E. county clerk, t wenty-three thousand six hundred twenty-six dollars ($23,626);
   F p robate judge, six thousand two hundred seventy-six dollars (1$6,276); and
   G. county surveyor, a reasonable rate of compensation as determined by the board of county
commissioners.

4-44-7. First class counties; over twenty-seven million dollars valuation; salaries. (Effective January 1,
1999.)

 The annual salaries of elected officers o f counties of the first class with an assessed valuation of over
twenty-seven million dollars ($27,000,000) but under forty-five million dollars ($45,000,000) shall not
exceed:
    A. county commissioners, eleven thousand one hundred seventy-nine dollars ($11,179) each;
    B. treasurer twenty-seven thousand one hundred seventy dollars ($27,170);
    C . assessor, twenty-seven thousand one hundred seventy dollars ($27,170);
    D. sheriff, twenty-nine thousand two hundred ninety-two dollars ($29,292);
    E. county clerk, twenty-seven thousand one hundred seventy dollars ($27,170);
    F probate judge, seven thousand two hundred seventeen dollars ($7,217); and
    G. county surveyor, a reasonable rate of compensation as determined by the board of county
commissioners.

4-44-8. First class counties; under twenty-seven million dollars valuati on; salaries. (Effecti ve until
January 1, 1999.)

 The annual salaries of elected officers of counties of the first class with an assessed valuation of over
fourteen million dollars ($14,000,000) but under twenty-seven million dollars (1$27,000,000) shall not
exceed:
    A. county commissioners, six thousand five hundred twenty -two dollars ($6,522) each;
    B. treasurer, t wenty thousand fifty-seven dollars ($20,057);
    C. assessor, twenty thousand fifty-seven dollars ($20,057);
    D. sheriff, twenty-five thousand four hundred seventy-one dollars ($25,471);
    E. county clerk, twenty thousand fifty-seven dollars ($20,057);
    F. p robate judge, five thousand seven hundred eighty-three dollars ($5,783); and
    G. county surveyor, a reasonable rate of co mpensation as determined by the board of county
commissioners.




                                                      55
4-44-8. First class counties; under twenty-seven million dollars valuation; salaries. (Effective January
1, 1999.)

  The annual salaries of elected officers of counties of the first class with an assessed valuation of over
fourteen million dollars ($14,000,000) but under twenty-seven million dollars ($27,000,000) shall not
exceed:
    A. county commissioners, seven thousand five hundred dollars ($7,500) each;
    B. treasurer, twenty-three thousand sixty-six dollars ($23,066);
    C . assessor, twenty-three thousand sixty-six dollars ($23,066);
    D. sheriff, twenty-nine thousand two hundred ninety-two dollars ($29,292);
    E. county clerk, twenty-three thousand sixty-six dollars ($23,066);
    F probate judge, six thousand six hundred /ifty dollars ($6,650); and
    G. county surveyor, a reasonable rate of compensation as determined by the board of county
commissioners.

4-44-12.1. Equity.

  If any officer of a county receives a salary increase as permitted under this act [4-44-4 to 4-44-12.21, all
other officers in that county shall receive a salary increase of an equal percentage.

4-44-12.3. Legislative intent; uniform salary changes.

 A. The intent of the legislature, when enacting salary increases for elected county officials, is to provide
for equitable salary increases.
 B. In accordance with Sect ions 4-44-3 through 4-44-8 NMSA 1978, the majority of a board of county
commissioners may provide for salary increases for elected county officials; provided, however, that no
salary increase shall take effect until the first day of the term of the first elected county official who takes
office after the date that salary increase is approved, at which time the salary increase shall take effect fo r
all county-elected officials.

4-44-14. H class counties; salaries and expenses. (E ffective January 1, 1999.)

   A. Officers elected or appointed in the counties of the H class shall receive the following annual salaries:
      (1) county commissioners, one dollar ($1.00);
      (2) treasurer, one dollar ($1.00);
      (3) assessor, one dollar ($1.00);
      (4) sheriff, one dollar ($1.00);
      (5) county clerk, one dollar ($I.00)--
      (6) probate judge, two thousand six hundred fifty dollars ($2,650); and
      (7) county surveyor, not to exceed ten dollars ($10.00) per day for each day actually employed under
orders by the board of county commissioners, such employment not to exceed fifty days in any one year
   B. The elected H class county officials listed in Subsection A of this section, except prob ate judge, in
addition to the salaries prescribed shall be entitled to receive as per them expense the sum of not more than
fifteen dollars ($15.00) while in actual attendance at county commission meetings or while engaged in the
performance of their official duties for the county. However, the total per them expense allowance for each
elected H class county official listed in Subsection A of this section shall not exceed three hundred fifty
dollars ($350) in any fiscal year Such per them expense shall be in addition to any allowance for sheriffs
mileage or for other out-of-county expenses allowed for all officials by law and shall be budgeted, paid and
audited as provided by laws governing expenditures of county funds.

4-44-36. Abolishment of certain county offices.

  Any county of the third, fourth and fifth class, and H class counties, may abolish the offices of county
assessor, county clerk, county surveyor and county treasurer and transfer the powers and duties of those
offices to the board of county commissioners in the manner hereinafter prescribed. Any county may




                                                        56
abolish the office of county surveyor and transfer the powers and duties of that office to the board of county
commissioners in the manner hereinafter prescribed.

4-44-44. [Petition for restoration of abolished offices; election; ballots.]

  A. Whenever any county has abolished the offices of county assessor, county clerk, county surveyor and
county treasurer and transferred the powers and duties of such offices to the board of county commissioners
as herein provided, a petition may be filed with the board of county commissioners of such county
requesting that an election be held to determine whether the county offices previously abolished are to be
reestablished and the powers and duties previously transferred to the board of county commissioners are to
be returned to the offices fro m which they were t ransferred. Such petition shall be signed by at least ten
(10) percent of the registered electors of the county.
   B. Except as provided in this Paragraph B upon the filing of the petition provided for in this section, the
provisions of Sections 3, 4, 5, 6, 7 and 8 [4-44-38 to 4-44-43 NMSA 1978] of this act shall be applicable.
Ballots for an election to reestablish county officies [offices] previously abolished and to return to such
offices the powers and duties previously transferred fro m such offices shall read as follows:
  Shall the offices of county assessor, county clerk, county surveyor and county treasurer be reestablished
and the powers and duties of such offices previously transferred to the board of county commissioners be
returned to the offices fro m which they [were] t ransferred?
                          YES ..........
                          NO ..........
 If a majority of those voting on the above question have voted "Yes," such offices shall be reestablished as
of January 1st of the next odd-numbered year, and upon such date all powers and duties previously
transferred fro m such offices shall be returned to the office fro m which they had been previously
transferred.


                       CHAPTER 5 -- MUNICAPAL AND COUNTY S ERVICES
                                   Article 8 -- Development Fees

Sec.                                                     Sec.
5-8-1. Short title.                                      5-8-3.   Authorization of fee.
5-8-2. Definit ions.

5-8-1. Short title.

 Th is act (5-8-1 to 5-8-42 NMSA 1978] may be cited as the "Development Fees Act".

5-8-2. Definiti ons.

  As used in the Development Fees Act [5-8-1 to 5-8-42 NMSA 1978]:
     A. "affordable housing" means any housing development built to benefit those whose income is at or
below eighty percent of the area median inco me; and who will pay no more than thirty percent of their
gross monthly inco me towards such housing;
      B. "approved land use assumptions" means land use assumptions adopted originally or as amended
under the Development Fees Act;
      C. "assessment" means a determination of the amount of an impact fee;
      D. "capital improvement" means any of the following facilities that have a life expectancy of ten or
more years and are owned and operated by or on behalf of a mun icipality or county:
         (1) water supply, treatment and distribution facilities; wastewater collection and treatment facilit ies;
and storm water, drainage and flood control facilit ies;
         (2) roadway facilities located within the service area, including roads, bridges, bike and pedestrian
trails, bus bays, rights of way, traffic signals, landscaping and any local co mponents of state and federal
highways;
         (3) buildings for fire, police and rescue and essential equip ment costing ten thousand dollars
($10,000) or mo re and having a life expectancy of ten years or more; and



                                                       57
         (4) parks, recreational areas, open space trails and related areas and facilities;
E. "capital improvements plan" means a plan required by the Develop ment Fees Act that identifies capital
improvements or facility expansion for wh ich impact fees may be assessed;
     F. "county" means a county of any classification;
     G. "facility expansion" means the expansion of the capacity of an existing facility that serves the same
function as an otherwise necessary new capital improvement, in o rder that the existing facility may serve
new development. The term does not include the repair, maintenance, modernization or expansion of an
existing facility to better serve existing development, including schools and related facilit ies;
     H. "hook-up fee" means a reasonable fee for connection of a service line to an existing gas, water,
sewer or municipal or county utility;
     1. "impact fee" means a charge or assessment imposed by a municipality or county on new
development in order to generate revenue for funding or recouping the costs of capital improvements or
facility expansions necessitated by and attributable to the new development. The term includes amortized
charges, lump-su m charges, capital recovery fees, contributions in aid of construction, development fees
and any other fee that functions as described by this definition. The term does not include hook-up fees,
dedication of rights of way or easements or construction o r dedication of on-site water distribution,
wastewater collect ion or drainage facilit ies, or streets, sidewalks or curbs if the dedication or construction is
required by a previously adopted valid ordinance or regulation and is necessitated by and attribut able to the
new development;
     J. "land use assumptions" includes a description of the service area and projections of changes in land
uses, densities, intensities and population in the service area over at least a five-year period;
     K. "mun icipality" means any incorporated city, town or village, whether incorporated under general
act, special act or special charter, and H class counties, including any home rule mun icipality or H class
county chartered under the provisions of Article 10, Section 6 of the constitution of New Mexico;
     L. "new develop ment" means the subdivision of land; reconstruction, redevelopment, conversion,
structural alterat ion, relocation or enlargement of any structure; or any use or extension of the use of land;
any of which increases the number of service un its;
     M . "qualified professional" means a professional engineer, surveyor, financial analyst or planner
providing services within the scope of his license, education or experience;
     N. "roadway facilities" means arterial or collector streets or roads that have been designated on an
officially adopted roadway plan of the municipality or county, including bridges, bike and pedestrian trails,
bus bays, rights of way, traffic signals, landscaping and any local components of state or federal highways;
     0. "service area" means the area within the corporate boundaries or ext raterritorial jurisdiction of a
municipality or the boundaries of a county to be served by the capital improvements or facility expansions
specified in the capital imp rovements plan designated on the basis of sound planning and engineering
standards; and
     P. "service unit" means a standardized measure of consumption, use, generation or discharge
attributable to an individual unit of development calcu lated in accordance with generally accepted
engineering or planning standards for a particular category of capital imp rovements or facility expansions.

5-8-3. Authorizati on of fee.

 A. Unless otherwise specifically authorized by the Develop ment Fees Act [5-8-1 to 5-8-42NMSA 1978],
no municipality or county may enact or impose an impact fee.
  B. If it co mp lies with the Develop ment Fees Act, a municipality or county may enact or impose impact
fees on land within its respective corporate boundaries.




                                                        58
                                   CHAPTER 13 – PROCUREMENT
                                Article 1 – Public Purchases and Property

Sec.                                                 Sec.
13-1-65. Definit ion; surveying services             13-1-119. Co mpet itive sealed qualificat ions -based
13-1-66. Definit ion; landscape architectural                proposals; architects; engineers; landscape
         services.                                           architects; surveyors; additional
13-1-66.1. Definition; local public works project.           requirements.
13-1-67. Definit ion; local public body.             13-1-119.1. Public works project delivery system;
13-1-76. Definit ion; professional services.                 design and build projects authorized.
13-1-91. Definit ion; state public works project.    13-1-120. Co mpetitive sealed qualifications -based
13-1-113. Co mpetitive sealed proposals;                     proposals; architects; engineers; landscape
        public notice.                                       architects; surveyors; selection process.
13-1-114. Co mpetitive sealed proposals;             13-1-121. Co mpetitive sealed qualifications -based
        evaluation factors.                                  proposals; architects; engineers; landscape
13-1-115. Co mpetitive sealed propos als;                    architects; surveyors, selection committee;
        negotiations.                                        state public works projects.
13-1-116. Co mpetitive sealed proposals;             13-1-122. Co mpetitive sealed qualifications -based
        disclosure; record.                                  proposals; award of architect, engineering,
13-1-117. Co mpetitive sealed proposals; award.              landscape architect and surveying contracts.
13-1-117.1. Procurement of professional services;    13-1-123. Architectural, engineering, landscape
        local public bodies; legislative branch;             architectural and surveying contracts
        selection and award.                         13-1-124. Architect rate schedule.
13-1-117.2. Procurement of professional services;    13-1-125. Small purchases.
        local public bodies; professional technical 13-1-126. So le source procurement.
        advisory assistance.                         13-1-127. Emergency procurements.
13-1-118. Co mpetitive sealed proposals; professional
        services contracts; contract review.

13-1-65. Definiti on; surveying services

  “Surveying services” means any service or work, the substantial perfo rmance o f which involves the
application of the principles or mathematics and related physical and applied sciences for:
      A. the measuring and locating of lines, angles, elevations, natural and man -made features in the air,
on the surface of the earth, within underground workings and on the beds or bodies of water for the purpose
of defin ing location, areas and volume;
      B. the monumenting of property boundaries and the platting and layout of lands and subdivisions
thereof;
      C. the application of photogrammet ric methods used to derive topographic and other data;
      D. the establishment of horizontal and vertical controls for surveys for design, topographic surveys
including photogrammetric methods, construction surveys for engineering an d architectural public works;
and
      E. the preparation and perpetuation of maps, records, plats, field notes and property descriptions.

13-1-66. Defini tion; landscape architectural services.

  " Landscape architectural services" means services including but not limited to consultation, investigation,
reconnaissance, research, design, preparation of drawings and specifications and admin istration of contracts
where the dominant purposes of such services are:
      A. the preservation or enhancement of land uses and natural features;
      B. the location and construction of functional approaches for structures, pathways or
 walkways; or
      C. the design of trails, p lantings and landscape irrigation. Excluded fro m the provisions of this
section are the services of architects, engineers and surveyors as defined in the Procurement Code [13-1-28
to 13-1-117 and 13-1-118 to 13-1-199 NM SA 1978].




                                                     59
13-1-66.1. Definiti on; local public works project.

 " Local public wo rks project” means a project of a local public body which uses architectural or
engineering services requiring professional services costing twenty -five thousand dollars ($25,000) or
more, or landscape architectural or surveying services requiring professional services costing five t housand
dollars ($5,000) or more, excluding applicable state and local gross receipts taxes.

13-1-67. Defini tion; local public body.

  'Local public body" means every political subdivision of the state and the agencies, instrumentalities and
institutions thereof.

13-1-76. Defini tion; professional services.

  "Professional services" means the services of architects, archeologists, engineers, surveyors, landscape
architects, medical arts practitioners, scientists, management and systems analysts, cert ified public
accountants, registered public accountants, lawyers, psychologists, planners, researchers, construction
managers and other persons or businesses providing similar professional services, which may be designated
as such by a determination issued by the state purchasing agent or a central purchasing office.

13-1-91. Defini tion; state public works project.

  "State public works project" means a project of a state agency, not including projects of the state
educational .institutions, the supreme court building co mmission, the legislature or local public bodies,
which uses architectural or engineering services requiring professional services costing twenty -five
thousand dollars ($25,000) or mo re or landscape architectural or surveying services req uiring professional
services costing five thousand dollars ($5,000) or more, excluding applicab le state and local gross receipts.

13-1-113. Competiti ve sealed proposals; public notice.

   Public notice of the request for proposals shall be given in th e same manner as provided
 in Section 77 [13-1-104 NMSA 1978] o f the Procurement Code.

13-1-114. Competiti ve sealed proposals; evaluati on factors.

   The request for proposals shall state the relative weight to be given to the factors in evaluating
proposals.

13-1-115. Competiti ve sealed proposals; negotiations.

  Offerors submitting proposals may be affo rded an opportunity for discussion and revision of proposals.
Revisions may be permitted after submissions of proposals and prior to award for t he purpose of obtaining
best and final offers. Negotiations may be conducted with responsible offerors who submit proposals
found to be reasonably likely to be selected for award. Th is section shall not apply to architects, engineers,
landscape architects and surveyors who submit proposals pursuant to Sections 13-1-120 through 13-1-124
NMSA 1978.

13-1-116. Competiti ve sealed proposals; disclosure; record.

   The contents of any proposal shall not be disclosed so as to be available to co mpeting offero rs during
the negotiation process.




                                                      60
13-1-117. Competiti ve sealed proposals; award.

   The award shall be made to the responsible offeror or offerors whose proposal is most advantageous to
the state agency or a local public body, taking into consideration the evaluation factors set forth in the
request for proposals.

13-1-117.1. Procurement of professional services; local public bodies; legislative branch; selection
and award.

  A. Each agency within the legislat ive branch of government operating und er the provisions of the
Procurement Code and each local public body shall adopt regulations regarding its selection and award of
professional services contracts.
  B. The award shall be made to the responsible offeror or o ffero rs whose proposal is most a dvantageous to
the local public body or legislative agency respectively, taking into consideration the evaluation factors set
forth in the request for proposals.

13-1-117.2. Procurement of professional services; local public bodies; professional technical advisory
assistance.

  A. Any local public body which does not have on staff a licensed professional engineer, surveyor,
architect or landscape architect shall have appointed to it or have the appointment waived by the
appropriate New Mexico professional society listed in Subsection D of this section, an individual to serve
as a professional technical advisor. The professional local advisor shall be a senior member of an
architectural, engineering, surveying or landscape architectural business with expe rience appropriate to the
type of local public Works project proposed and shall be a resident licensed architect, professional
engineer, surveyor or landscape architect in the state who possesses at least ten years of experience in
responsible charge as defined in the Architectural Act [Chapter 61, Art icle 15 NMSA 1978], the
Engineering and Surveying Practice Act [Chapter 61, Art icle 23 NMSA 1978] or the Landscape Architects
Act [61-24B to 61-24B-17 NMSA 1978], respectively.
  B. The professional technical advisor to a local public body shall serve as an agent of the local public
body and shall be indemn ified and held harmless. He may be reimbu rsed as provided in the Per Diem and
Mileage Act [10-8-1 to 10-8-8 NM SA 1978] for per them and mileage in connection with his service as a
professional technical advisor and shall receive no other compensation, perquisite or allo wance.
  C, The duties and responsibilities of the professional technical advisor shall include but may not be
limited to the following activit ies:
     (1) advise the local public body in the development of requests for proposals for engineering,
surveying, architectural or landscape architectural services procured by the local public body;
     (2) advise the local public body in giv ing public notice of requests for proposals;
     (3) advise in the evaluation and selection of professional businesses to perform services for the local
public body, based upon demonstrated competence and qualificat ion for the type of professional services
required; and
   (4) assist in contract negotiations.
  D. Professional technical advisors shall be obtained through the professional technical advisory board, a
consortium of the consulting engineers council of New Mexico and the professional engineers in private
practice division of the New Mexico society of professional engineers; the New Mexico professional
surveyors; the New Mexico society of architects; or the New Mexico chapter of the American society of
landscape architects.
  E. No indiv idual or firm whose principal, officer, d irector or employee serves as a professional technical
advisor to a local public body shall be permitted to submit a proposal to a local public body during the
period in which the indiv idual, p rincipal, officer, director or emp loyee serves as a professional technical
advisor to the local public body; however, nothing in this section shall prohibit an ind ividual or firm fro m
submitting a proposal to any municipality in wh ich the individual or a p rincipal, officer, director or
emp loyee is not serving as a professional technical advisor.




                                                      61
13-1-118. Competiti ve sealed proposals; professional services contracts; contract review.

 All contracts for professional services with state agencies shall be reviewed as to form, lega l sufficiency
and budget requirements by the general services department or the department of finance and
administration if required by the regulations of either or both of the departments. This section shall not
apply to contracts entered into by the legislative branch of state government, the judicial branch of state
government or the boards of regents of state educational institutions named in Article 12, Sect ion 11 of the
constitution of New Mexico.

13-1-119. Competiti ve sealed qualifications -based proposals; architects; engineers; landscape
architects; surveyors; additi onal requirements.

  In addit ion to comp liance with the requirements of Sections 13-1-112 through 13-1-114 and 13-1-116
through 13-l-ll8 NMSA 1978, a state agency or local public body, when procuring the services of
architects, landscape architects, engineers or surveyors for state public works projects or local public wo rks
projects, shall comp ly with Sections 13-1-120 through 13-1-124 NM SA 1978.

13-1-119.1. Public works project deli very system; design and buil d projects authorized.

   A. Except for road and highway construction or reconstruction projects of the state highway and
transportation department or any local public body, a design and build project delivery system may be
authorized when the state purchasing agent or a central purchasing office makes a determination in writing
that it is appropriate and in the best interest of the state or local public body to use the system on a specific
project with a maximu m allo wable construction cost of more than ten million dollars ($10,000,000). The
determination shall be issued only after the state purchasing or central purchasing office has taken into
consideration the follo wing criteria, which shall be used as the minimu m basis in de termin ing when
 to use the design and build process:
       (1) the extent to which the project requirements have been, or can be, adequately defined;
       (2) time constraints for delivery of the project;
       (3) the capability and experience of potential teams with the design and build process;
       (4) the suitability of the project for use of the design and build process as concerns time, schedule,
costs and quality; and
       (5) the capability of the using agency to manage the project, in cluding experienced personnel or
outside consultants, and to oversee the project with persons who are familiar with the design and build
process.
   B. When a determination has been made by the state purchasing agent or a central purchasing office that
it is appropriate to use a design and build project delivery system, the design and build team shall include,
as needed, a New Mexico registered engineer or architect, and a contractor properly licensed in New
Mexico for the type of work required.
   C. For each proposed state or local public works design and build project, a two -phase procedure for
awarding design and build contracts shall be adopted and shall include at a minimu m the fo llo wing:
       (1) during phase one, and prior to solicitation, documents shall be prepared for a request for
qualifications by a registered engineer or architect, either in house or selected in accordance with Sections
13-1-120 through 13-1-124 NMSA 1978, and shall include min imu m qualificat ions, a scope of work
statement and schedule, documents defining the project requirements, the composition of the selection
committee and a description of the phase two requirements and subsequent management needed to bring
the project to completion. Design and build qualifications of res ponding firms shall be evaluated and a
 maximu m of five firms shall be short listed in accordance with technical and qualificat ions -based criteria;
and
       (2) during phase two, the short-listed firms shall be invited to submit detailed specific technical
concepts or solutions, costs and scheduling. Unsuccessful firms may be paid a stipend to cover proposal
expenses. After evaluation of these submissions, selection shall be made and the contract awarded to the
highest ranked firm.
   D. To ensure fair, uniform, clear and effective procedures that will strive for the delivery of a quality
project on time and within budget, the secretary, in conjunction with the appropriate and affected




                                                       62
professional associations and contractors, shall pro mulgate regulations applicable to all using agencies,
which shall be followed by all using agencies when procuring a design and build project delivery system.
  E. A state agency shall make the decision on a design and build project delivery system for a state public
works project, and a local public body shall make that decision for a local Public works project. A state
agency shall not make the decision on a design and build Project delivery system for a local public works
project.

13-1-120. Competiti ve sealed qualificati ons-based proposals; architects; engineers; landscape
architects; surveyors; selection process.

  A. For each proposed state public works project, local public works project or construction management
contract, the architect, engineer, landscape architect, construction management and surveyor selection
committee, state highway and transportation department selection committee or local select ion committee,
as appropriate, shall evaluate statements of qualifications and performance data submitted by at least three
businesses in regard to the particular project and may conduct interviews with and may require public
presentation by all businesses applying for selection regarding their qualifications, their approach to the
project and their ability to furn ish the required services.
  B. The appropriate selection committee shall select, ranked in the order of their qualifications, no less
than three businesses deemed to be the most highly qualified to perform the required services, after
considering the following criteria together with any criteria, except price, established by the using agency
authorizing the project:
      (1) specialized design and technical competence of the business, including a joint venture or
association, regarding the type of services required;
      (2) capacity and capability of the business, including any consultants, their representatives,
qualifications and locations, to perform the work, including any specialized services, within the time
limitat ions;
      (3) past record of performance on contracts with government agencies or private industry with respect
to such factors as control of costs, quality of work and ability to meet schedules;
      (4) pro ximity to or familiarity with the area in which the project is locat ed;
      (5) the amount of design work that will be produced by a New Mexico business within this state;
      (6) the volume of work previously done for the entity requesting proposals which is not seventy -five
percent complete with respect to basic professional design services, with the objective of effecting an
equitable distribution of contracts among qualified businesses and of assuring that the interest of the public
in having availab le a substantial number of qualified businesses is protected; p rovided, however, that the
principle of selection of the most highly qualified businesses is not violated; and
      (7) notwithstanding any other provisions of this subsection, price may be considered in connection
with construction management contracts , unless the services are those of an architect, engineer, landscape
architect or surveyor.
  C. Notwithstanding the requirements of Subsections A and B of this section, if fewer than three
businesses have submitted a statement of qualifications for a part icular project, the appropriate committee
may :
      (1) rank in order of qualifications and submit to the secretary or local governing authority of the public
body for award those businesses which have submitted a statement of qualificat ions; or
      (2) reco mmend termination of the selection process pursuant to Section 13-1-131 NMSA 1978 and
sending out of new notices of the resolicitation of the proposed procurement pursuant to Section 13 -1-104
NMSA 1978. Any proposal received in response to the terminated solicitation is not public informat ion
and shall not be made available to co mpeting offero rs.
  D. The names of all businesses submitting proposals and the names of all businesses, if any, selected for
interview shall be public information. After an award has been made, the appropriate selection co mmittee's
final ranking and evaluation scores for all proposals shall become public informat ion. Businesses which
have not been selected for contract award shall be so notified in writing within fifte en days after an award
is made.




                                                      63
13-1-121. Competiti ve sealed qualificati ons -based proposals; architects; engineers; landscape
architects; surveyors, selection commi ttee; state public works projects.

  A. The "architect, engineer, landscape architect and surveyor selection committee” is created. The
committee, which shall serve as the selection committee for state public works projects, except for highway
projects of the state highway and transportation department, is co mposed of four members as follo ws:
    (1) one member of the agency for which the project is being designed;
    (2) the director of the property control division of the general services department who shall be
chairman;
    (3) one member designated by the architect-engineer-landscape architect joint practice co mmittee; and
    (4) one member designated by the secretary.
  B. The staff architect or h is designee of the property control division shall serve as staff to the architect,
engineer, landscape architect and surveyor selection committee.
  C. The members of the arch itect, engineer, landscape architect and surveyor selection committee shall be
reimbursed by the property control division for per them and mileage in accordance with the provisions of
the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
  D. The state highway and transportation department shall create a selection committee by ru le, after
notice and hearing, which shall serve as the selection committee for h ighway projects of the department.

13-1-122. Competiti ve sealed qualificati ons -based proposals; award of architect, engineering,
landscape architect and surveying contracts.

  The secretary or his designee, or the secretary of the highway and transportation department or his
designee or a designee of a local public body shall negotiate a contract with the highest qualified business
for the architectural, landscape architectural, engineering or surveying services at compensation determined
in writ ing to be fair and reasonable. In making this decis ion, the secretary or his designee or the designee of
a local public body shall take into account the estimated value of the services to be rendered and the scope,
complexity and professional nature of the services. Should the secretary or his designee or his designee of
the designee of a public body be unable to negotiate a satisfactory contract with the business considered to
be the most qualified at a price determined to be fair and reasonable, negotiations with that business shall
be formally terminated. The secretary or h is designee or the designee of a local public body shall then
undertake negotiations with the second most qualified business. Failing accord with the second most
qualified business, the secretary or his designee or a designee of a lo cal public body shall fo rmally
terminate negotiations with that business. The secretary or his designee or the designee of the local public
body shall then undertake negotiations with the third most qualified business. Should the secretary or his
designee or a designee of a local public body be unable to negotiate a contract with any of the businesses
selected by the committee, additional businesses shall be ranked in order of their qualifications and the
secretary or his designee or the designee of a local public body shall continue negotiations in accordance
with this section until a contract is signed with a qualified business or the procurement process is
terminated and a new request for proposals is initiated. The secretary or the representative of a local public
body shall publicly announce the business selected for award.

13-1-123. Architectural, engineering, landscape architectural and surveying contracts.

  A. A ll contracts between a state agency and an architect for the construction of buildin gs or for the
remodeling or renovation of existing buildings shall contain the provision that all designs, drawings,
specifications, notes and other work developed in the performance of the contract are the sole property of
this state.
  B. All documents, including drawings and specifications, prepared by the architect engineer, landscape
architect or surveyor are instruments of professional service. If the plans and specifications developed in
the performance of the contract shall be the property of the contracting agency upon completion of the
work, the contracting agrees to hold harmless, indemnify and defend the architect, engineer, landscape
architect or surveyor against all damages, claims and losses, including defense costs, arising out of any
reuse of the plans and specifications without the written authorization of the arch itect, engineer, landscape
architect or surveyor.




                                                       64
  C. A copy of all designs, drawings and other materials which are the property of this state shall be
transmitted to the contracting agency. The contracting agency shall index these materials, and a copy of the
index shall be provided to the records center.

13-1-124. Architect rate schedule.

  The secretary shall adopt by regulation an architect rate schedule which shall set the highest permissible
rates for each building-type group, which shall be defined in the regulations. The rate schedule shall be in
effect upon the approval of the state board of finance and compliance with the State Rules Act [Chapter 14,
Article 4 NMSA 1978] and shall apply to all contracts between a state agency and an architect which are
executed after the effective date of the architect rate schedule.

13-1-125. Small purchases.

  A. The state purchasing agent or a central purchasing office shall p rocure services, construction or items
of tangible personal property having a value not exceeding ten thousand dollars ($10,000) in accordance
with the applicab le small purchase regulations adopted by the secretary a local public body or a central
purchasing office that has the authority to issue regulations.
  B. Notwithstanding the requirements of Subsection A of this section, a central purchasing office may
procure professional services having a value not exceeding twenty thousand dollars ($20,000), excluding
applicable state and local gross receipts taxes, except for the services of architects, landscape architects,
engineers or surveyors for state public works projects or local public works projects, in accordance with
professional services procurement regulations promu lgated by the department of finance and
administration, the general services department or a central purchasing office with the authority to issue
regulations.
  C. Notwithstanding the requirements of Subsection A of this section, a state agency or a local public body
may procure services, construction or items of tangible personal property having a value not exceeding five
hundred dollars ($500) by issuing a direct purchase order to a contractor based upon the best obtainable
price.
  D. Procurement requirements shall not be artificially d ivided so as to constitute a small purchase under
this section.

13-1-126. Sole source procurement.

 A contract may be awarded without competitive sealed bids or co mpetitive sealed proposals regardless of
the estimated cost when the state purchasing agent or a central purchasing office makes a determination,
after conducting a good-faith review of available sources and consulting the using agency, that there is only
one source for the required service, construction or item of tangible personal property. The state
purchasing agent or a central purchasing office shall conduct negotiations, as appropriate, as to price,
delivery and quantity in order to obtain the price most advantageous to the state a gency or a local public
body. A contract for the purchase of research consultant services by institutions of higher learning
constitutes a sole source procurement.

13-1-127. Emergency procurements.

  A. The state purchasing agent, a central purchasing office or a designee of either may make or authorize
others to make emergency procurements when there exists a threat to Public health, welfare, safety or
property requiring procurement under emergency conditions; provided that emergency procurements shall
be made with co mpetit ion as is practicable under the circu mstances. A written determination of the basis
for the emergency procurement and for the selection of the particular contractor shall be included in the
procurement file. Emergency procurements shall not include the purchase or lease purchase of heavy road
equipment.
 B. An emergency condition is a situation which creates a threat to public health, welfare o r safety such as
may arise by reason of floods, epidemics, riots, equipment failures or s imilar events. The existence of the
emergency condition creates an immed iate and serious need for services, construction, or items of tangible




                                                     65
personal property that cannot be met through normal procurement methods and the lack of which would
seriously threaten:
     (1) the functioning of govern ment;
     (2) the preservation or protection of property; or
     (3) the health or safety of any person.


                     CHAPTER 14 -- RECORDS, LEGAL NOTICES AND OATHS
                                     Article 8 -- Recording

Sec.                                              Sec.
14-8-l. County clerk as ex-officio recorder.      14-8-12.1. Temporary provision; validation.
14-8-2. Duties of recorder.                       14-8-12.2. Recording fees; when instrument is photo-
14-8-3. Recording books.                                      copied.
14-8-4. Acknowledgment necessary for recording, 14-8-12.3. Recording fee; assignments or releases of
         decrees; exceptions.                                interest in property.
14-8.5. Min ing location notices; recording.      14-8-12.4. Recording fee; more than two
14-8-6. Endorsement on receipt of document;                  acknowledg ments; more than two
         constructive notice of contents.                    words; when number of words is in excess
14-8-7. Durab ility of records; required inks and            of standard form.
         ribbons.
14-8-8. Noncomp liance with durability            14-8-13. Fees; copying records; issuing licenses;
         requirements; penalty.                             acknowledgments.
14-8-9. Security of books of record; delivery to  14-8-14. Searching records; fees.
         Successors         .                     14-8-15. Pay ment of fees.
14-8-10. County clerks; failure to perform duties 14-8-16. Filings of legal descriptions and plats of
         as recorder; fees.                                real property authorized; recording; fees.
14-8-11. Standard form of instruments; supplies.
14-8-12. Recording fees; when instrument not
         photocopied

14-8-1. [County clerk as ex-officio recorder.]

The county clerks of the different counties of this state, shall be ex-officio recorders in their respective
counties.

14-8-2. [Duties of recorder.]

It shall be the duty of the county clerk to record in a book o f good size, wh ich he shall keep in his office for
this purpose, all land titles and other papers which by law should be recorded.

14-8-3. Recording books.

When used in Articles 1 to 5 and 8 to 10 of Chapter 14 NM SA 1978, "book" includes microfilm.

14-8-4. Acknowledg ment necessary for recordi ng; decrees; excepti ons.

Any instrument of writing, duly acknowledged and certified, may be filed and recorded. Any instrument of
writing, not duly acknowledged and certified, may not be filed and recorded, nor considered of record,
though so entered; provided, however, that judicial decrees or cert ified copies, patents, land office receipts,
certified copies of foreign wills duly authenticated and instruments of writing in any manner affecting lands
in the state, when these instruments have been duly executed by an authorized public officer, need not be
acknowledged but may be filed and recorded; provided further, any filing or record ing permitted or
required under the provisions of the Uniform Co mmercial Code [Chapter 55 NM SA 1978] need not comply
with the requirements of this section; and provided further that instruments acknowledged on behalf of a
corporation need not have the corporation's seal affixed thereto in order to be filed and recorded.



                                                       66
14-8-5. [Mini ng location notices; recording.]

All recordings of unacknowledged min ing location notices and amended or additional notices made
pursuant to Section 69-3-1, 69-3-2, 69-3-12 or 69-3-21 [repealed] NM SA 1978, and the record thereof in
the office of the county clerk, are hereby confirmed and made valid, the provisions of Section 14 -8-4
NMSA 1978 notwithstanding; provided, however, existing or intervening rights of others are not affected.
Hereafter, such notices need not be acknowledged but may be filed, recorded and consid ered of record if
properly signed by the locator.

14-8-6. [Endorsement on recei pt of documents; constructi ve notice of contents.]

When any land title, o r other document, shall be delivered to the county clerk to be recorded, it shall be his
duty to endorse immediately on that document, or other paper, the day, month and year in which he
received it, and he shall record it in the book of record as soon as possible, and the said documents from the
date on which they were delivered to the county clerk shall be considered as recorded, and this shall be
sufficient notice to the public of the contents thereof.

14-8-7. [Durability of records; required i nks and ri bbons.]

It shall be the duty of county clerks in this state to use either a good grade of nonfadeable, permanent black
ink or a good grade of black record typewriter ribbon in recording all instruments of writing which by law
they are required to record.


14-8-8. [Noncompli ance with durability requirements; penalty.]

Any county clerk who shall fail to co mply with the provisions of this act [14-8-7, 14-8-8 NMSA 1978],
upon conviction thereof, shall be fined not less than fifty dollars [($50.00)] nor mo re than five hundred
dollars [($500)].

14-8-9. [Security of books of record; deli very to successors.]

It shall be the duty of the county clerks to keep their books of record well secured, and when they go out of
office as such clerks, they shall deliver them co mp lete to their successors.

14-8-11. [Standard form of instruments; supplies.]

The state comptroller, with the approval of the attorney general, shall select the form of instrument which
shall be considered as the New Mexico standard form Of such instrument for purposes of determin ing fees
to be charged for recordation, and county clerks are hereby empowered and directed to purchase printed
forms for recording in record books of Warranty, quitclaim and mortgage deeds, transcripts of judgment,
bills of sale, releases and such other ordinary instruments as are in co mmon use in New Mexico.

14-8-12. Recordi ng fees; when instrument not photocopied.

 A. County clerks shall receive for recording the following fees when the instrument is not photocopied:

         standard form of deeds                                                                      $1.75
         nonstandard form of deeds                                                                    2.00
         standard form of mo rtgage deeds                                                             2.00
         nonstandard form of mo rtgage deeds                                                          2.25
         standard form of amo rtization mortgage, long form                                           2.75
         standard form of amo rtization mortgage, short form                                          2.25
         nonstandard form of amo rtization mortgage, long form                                        3.25
         nonstandard form of amo rtization mortgage, short form                                       2.75



                                                      67
         standard form assignment of mortgage                                                        1.50
         nonstandard form assignment of mortgage                                                     1.75
         standard form oil and gas mining leases                                                     1.75
         nonstandard form oil and gas mining leases                                                  2.00
         standard form assignment of oil and gas mining leases                                       1.50
         nonstandard form assignment of oil and gas mining leases                                    1.75
         standard form release of oil and gas lease                                                  1.25
         nonstandard form release of oil and gas lease                                               1.50
         release of each recorded mortgage or deed of trust                                          1.00
         deed of trust                                                                               2.25
         bill of sale                                                                                1.00
         affidavits                                                                                  1.00
         notary bond and oath                                                                        2.00
         notary commission                                                                           2.00
         filing chattel mo rtgages or conditional sale contracts with or without assignments          .50
         filing separate assignment of chattel mortgage conditional sale contract                     .25
         for release of each filed chattel mo rtgage conditional sale contract                        .25
         official bonds                                                                              2.50
         notice of min ing location or proof o f labor                                               1.25
         abstractor's bond                                                                           2.25
         abstractor's continuation certificate                                                       1.25
         mechanic's lien                                                                             1.75
         issuing transcript of judgment                                                               .75
         recording transcript of judg ment                                                           1.25
         tax sale certificate or an assignment of the certificate                                    1.25
         redemption of tax sale certificate                                                          1.25
         patents                                                                                     1.75

  B. For each instrument recorded, the recording fee for wh ich is not fixed in subsection A of this section,
and when the instrument is not photocopied, the recording fee shall be dollar seventy -five cents ($1.75) for
the first seven hundred words or less and twenty-five cents ($.25) for each additional hundred words or
fraction thereof.

14-8-12.1. Temporary provision; vali dation.

Any instrument received for recording after June 16, 1977 and before the effective date of this act and
which would have been validly filed but for the provisions of Laws 1979, Chapter 185, Sect ion 1,
Subsection D or Laws 1977, Chapter 179, Section 5, Subsection D shall be conclusively presumed to have
been validly filed on the date received for record ing.

14-8-12.2. Recordi ng fees; when instrument is photocopied.

  A. For each instrument recorded and when the instrument is photocopied, the county clerk shall charge a
recording fee of five dollars ($6.00) for the first page and two dollars ($2.00) for each addit ional page or
portion thereof of the same instrument.
   B. For each instrument recorded and when the instrument is photocopied, the county clerk may charge, in
addition to any other fees authorized by law, including the fee provided in Subsection A of this section, an
equipment recording fee. The equipment recording fee shall not exceed three dollars ($3.00) for each
instrument recorded, except that in class A counties the equipment recording fee shall not exceed two
dollars ($2.00).
   C. A mounts collected fro m the equipment record ing fee shall be deposited into a county clerk record ing
and filing fund, which shall be established by the county. Money in the county clerk recording and filing
fund shall be expended only to rent, purchase, lease or lease-purchase equipment associated with recording,
filing, maintaining or reproducing documents in the county clerk's office and for staff train ing on office
procedures and equipment.




                                                     68
  D: 7he equip ment record ing fee and expenditures fro m the county clerk recording and fund shall be
determined annually by the county clerk and approved by the board of county commissioners.


14-8-12-3. Recording fee; assignments or releases of i nterest in property.

If an assignment or release assigns or releases an interest in property by reference to:
A. more than one deed, mortgage, lease or other instrument which created the interest; or
B. an instrument which describes more than one deed, mortgage, lease or other instrument as creating the
interests in property; there shall be an additional record ing fee of five dollars ($5.00) for each such
reference.

14-8-12-4. Recordi ng fee; more than two acknowledg ments; more than two hundred words; when
number of words is in excess of standard form.

For each instrument recorded having more than two acknowledg ments, an additional fee of fifty cents
($.50) shall be charged by the county clerk for each addit ional acknowledg ment; and for each instrument
containing more than two hundred words in the description of the p roperty contained in the instrument, an
additional charge shall be made of twenty-five cents ($.25) for each additional one hundred words. This
additional charge shall not be made in cases when the instrument is photocopied or when the recordation of
the instrument is determined by the number of words contained in the instrument and not by a flat fee fixed
in this article. In all cases where standard forms are prescribed and where nonstandard forms of
instruments for which a flat fee is fixed are recorded, a charge of twenty-five ($.25) shall be made fo r each
additional one hundred words or portion thereof in excess of the length of the standard form prescribed,
except when the instrument is photocopied.

14-8-13. [Fees; copying records; issuing licenses; acknowledg ments.]

The county clerk shall be allo wed the following fees: for record ing letters testamentary or of
administration, one dollar [($1.00)]; for filing the bond of the executor or ad ministrator, fifty cents [($.50)];
for order appointing guardian or curator, twelve and one-half cents [($.125)]; for filing and preserving bond
of guardian or curator, fifty cents [($.50)]; for every o rder of publication, twenty -five cents [($.25)]; for
every order relating to executors, administrators or guardians, not otherwise provided for, t welve and one-
half cents [($.125)]; for copying any order, record or paper, for every one hundred words, ten cents
[($.10)]; for entering any judg ment and verdict, twelve and one-half cents [($.125)]; for p roof of every will
and codicil taken by the probate judge, twenty-five cents [($.25)]; for every cert ificate and seal, twenty-five
cents [($.25)]; for issuing every subpoena, twenty-five cents [($.25)]; for ad min istering every oath, three
cents [($.03)]; for keep ing abstracts of demands, for each defendant, three cents [($.03)]; for certifying the
amount, date and classes of any demand, without seal, five cents [($.05)]; for entering every motion or rule,
five cents [($.05)]; fo r swearing and entering a jury, t wenty-five cents [($.25)]; for entering every trial, five
cents [($.05)]; for a co mmission to take depositions, twenty-five cents [($.25)]; for every execution, fifty
cents [($.50)]; for every continuance of a cause, five cents [($.05)]; for entering an appeal, twelve and one-
half cents [($.125)]; for every writ to summon a jury, twelve and one-half cents [($.125)]; for every o rder to
distribute effects among heirs, etc., t welve and one-half cents [($.125)]; for every settlement of executor,
administrator or guardian, whether annual or final, twenty-five cents [($.25)]; for every order appointing
road overseers, twenty-five cents [($.25)]; for filing and preserving constable's bond, to be paid for by the
constable, twenty-five cents [($.25)]; for all services in filing, taking and safekeeping the collectors' bonds
for territorial taxes, to be paid by the territory, one dollar [($1.00)]; for like services for collectors' bonds
for county taxes, to be paid by the territory and county, each for its own, for every one hundred words, ten
cents [($.10)]; for issuing any license, to be paid for by the applicant, fifty cents [($.50)]; for taking, filing
and safekeeping of every other bond not otherwise provided for, fifty cents [($.50)]; for issuing each writ,
and receiving, filing and docketing the return, fifty cents [($.50)]; fo r taking every acknowledgment to a
deed or writing, t wenty-five cents [($.25.)].




                                                        69
14.8-14. [Searching records; fees.]

County clerks shall be entit led to receive as fees for searching their records and certifying the result, five
cents [($.05)] for each year for each name searched against for deeds, and the same fo r mortgages, and
twenty-five cents [($.25)] fo r a search for judg ments or for mechanic's lien.

14-8-15. [Payment of fees.]

No county clerk of any county shall receive any instrument of writing for filing or record unless his legal
fees for such filing and recording shall have first been paid.

14-8-16. Filings of legal descripti ons and pl ats of real property authorized; recording; fees.

  A. Any person owning real property that is subject to property taxation under the Property Tax Code
(Chapter 7, Art icles 35 to 38 NMSA 1978) may file for record in the office of the county clerk of the
county where the real property is located a legal description or a plat of the real property. To be eligib le fo r
recording, the legal description or plat shall be certified by a professional surveyor licensed in the state.
   B. The Un ited States, the state or its political subdivisions and any agency, department of the United
States, the state or its political subdivisions may file for record in the office of the county clerk of the
county where the real property is located a legal description or a plat of real property. To be eligible for
recording, the legal description or plat shall be certified by a professional surveyor licensed in the state and
shall show the department or polit ical subdivision under whose supervision and direction the description or
plat was prepared.
   C. The county clerk shall nu mber descriptions filed under this section consecutively shall nu mber p lats
filed under this section consecutively. Immediately upon receiv ing a description or plat for filing, the
county clerk shall note on the instrument the filing nu mber and the time o f filing a nd shall make p roper
entries in his reception book and in his index to general real estate records.
   D. The county clerk shall record descriptions and plats filed under this section in the same manner as
other similar instruments affecting real property are recorded. The county clerk shall charge a fee of two
dollars fifty cents ($2.50) for filing and recording each description or plat. If the county clerk uses a post
binder with transparent protective pages for the protection of the plats, he shall charge a fee of five dollars
($5.00) for filing and recording each unit of a plat that is eighteen inches by twenty -four inches or part
thereof.
   E. For filing legal descriptions or plats of real property, the county clerk may charge, in addition to any
other fees authorized by law, including the fee provided for in Subsection D of this section, an equipment
recording fee. The equip ment recording fee shall not exceed three dollars ($3. 00) fo r each instrument or
plat recorded, except that in class A counties the equipment recording fee shall not exceed two dollars
($2.00).
  F. A mounts collected fro m the equip ment recording fee shall be deposited into a county clerk recording
and filing fund, which shall be established by the county. Money in the county cle rk recording and filing
fund shall be expended only to rent, purchase, lease or lease-purchase equipment associated with recording,
filing, maintaining or reproducing documents in the county clerk's office, and for staff training on office
procedures and equipment.
   G. The equip ment record ing fee and expenditures fro m the county clerk recording and filing fund shall be
determined annually by the county clerk and approved by the board of county commissioners.
   H. A ll plats to be recorded under this section shall be filed in duplicate with the county clerk. One copy
shall be recorded by the county clerk, and one copy shall be delivered by the county clerk to the county
assessor.




                                                       70
                      CHAPTER 14 -- RECORDS, LEGAL NOTICES AND OATHS
                            Article 9 -- Records Affecting Real Property

Sec.                                                     Sec.
14-9-1.   Instruments afflicting real estate; recording. 14-9-7. Conveyances to state and public corpora-
14-9-2.   Constructive notice of contents.                        ions; recording; filing in lieu of recording;
14-9-3.   Unrecorded instruments; effect.                         maximu m fee.
14-9-4.   Filing for record; effect; reception book.     14-9-8. Lost patent; recording certified copy; effect.
14-9-5.   Repealed.                                      14-9-9. Federal court judgment; county for filing;
14-9-6.   Wills not affected.                                     lien against realty.

14-9-1. Instruments affecti ng real estate; recor ding.

All deeds, mortgages, leases of an initial term p lus option terms in excess of five years, or memo randa of
the material terms of such leases, assignments or amendments to such leases, leasehold mortgages, United
States patents and other writ ings affecting the title to real estate shall be recorded in the office of the county
clerk of the county or counties in which the real estate affected thereby is situated. Leases of any term or
memo randa of the material terms thereof, assignments or amend ments t hereto may be recorded in the
manner provided in this section. As used in this section, “memo randa of the material terms of a lease”
means a memorandu m containing the names and mailing addresses of all lessors, lessees or assignees; if
known, a description of the real property subject to the lease; and the terms of the lease, including the initial
term and the term or terms of all renewal options, if any.

14-9-2. [Constructi ve notice of contents.]

Such records shall be notice to all the world o f the existence and contents of the instruments so recorded
fro m the time of recording.

14-9-3. Unrecorded instruments; effect.

No deed, mortgage or other instrument in writ ing not recorded in accordance with Section 14-9-1 NMSA
1978 shall affect the tit le or rights to, in any real estate, of any purchaser, mortgagee in good faith or
judgment lien cred itor, without knowledge of the existence of such unrecorded instruments. Possession
alone based on an unrecorded executory real estate contract shall not be construed against any subsequent
purchaser, mortgagee in good faith or judgment lien creditor either to impute knowledge of or to impose
the duty to inquire about the possession or the provisions of the instruments.

14-9-4. Filing for record; effect; reception book.

The time of the recording of an instrument shall be the time of its deposit in the office of the county clerk
and his entry thereof in the reception book as herein provided. It shall be the duty of every county clerk
immed iately on the receipt for record of any deed, mortgage or other writing affecting the title to real
estate, to enter the same by the name of the grantor, mortgagor or other persons [person] whose title is
affected thereby, in a proper book, arranged in alphabetical or nu merical order, to be known as the
reception book, together with the date, hour and minute of such record. Any county clerk failing to make
such entry immediately, shall be punished by a fine of one hundred dollars [($100)), and shall also be liable
for damages to any person injured by such neglect, to the extent of such injury.

14-9-5. Repealed.

14-9-6. [Wills not affected.]

None of the provisions of this chapter shall be so construed as to extend to last wills and testaments.




                                                        71
14-9-7. Conveyances to state and public corporations; recordi ng,; filing in lieu of recording;
maxi mum fee.

  A. The state, the public boards and commissions thereof, municipalities, districts and subdivisions of the
state, including conservancy and irrigation districts, shall be entitled to have instruments affecting real
estate which have been made to them as grantees or vendees, including rights -of-way for roads, easements
or other instruments affecting real estate, to be duly recorded in the offices of the county clerks and ex
officio recorders of the various counties in which the real estate is situated.
   B. The state, the public boards or commissions thereof, municipalities, districts or subdivisions of the
state, including conservancy and irrigation districts, may file the orig inal instruments affecting such real
estate with the county clerk and ex officio recorder in the county where the property is situated, and such
filings shall be properly indexed by the county clerk and ex o fficio recorder in the county, and such filings
shall have the full legal effect of record ing and be legal notice of the rights of the public entities or districts
in and to said rights-of-way, easements or other interests conveyed or granted by the instruments affecting
the real estate.
   C. The county clerks and ex officio recorders shall be paid the statutory recording fee for each instrument
recorded or filed and indexed under the terms of this section.

14-9-8. [Lost patent; recording certi fied copy; effect.]

Any person or persons who have acquired and hold any real estate by purchase or otherwise, and have lost
or are unable to procure the orig inal patent issued by the United States for such real estate, and such patent
never having been recorded in the office of the county clerk of the county where in such real estate is
situated, may procure a certified copy of such patent from the recorder of the general land office of the
United States, and have the same recorded in the same manner as the original patent therefor might have
been recorded. And the record of such certified copy of the patent issued for such lands shall have the
same force and effect as if the orig inal patent therefor had been recorded.

14-9-9. [Federal court judg ment; county for filing; lien ag ainst real ty.]

A transcript of any money judgment obtained in the Un ited States district court for the district of New
Mexico, may be filed in the office of the county clerk of any county, wherein the judgment debtor or
debtors have property, and when so filed and entered in the judgment lien record of said county shall be a
lien against the real estate of such judgment debtor or debtors within said county from the date of such
filing and entry in such judgment lien record.


                     CHAPTER 14 -- RECORDS, LEGAL NOTICES AND OATHS
                                   Article 10 -- Index of Records

Sec.                                                      Sec.
14-10-1. [Authority for index.                            14-10-3. Form of index.
14-10-2. Index books; alphabetical and reverse            14-10-4. Description of lands.
         order arrangement.                               14-10-5. Standard form; use required.

14-10-1. [Authority for index.]

That, whenever in the opinion of the board of county commissioners of any county in the st ate, it is
necessary for the convenience of the public and the better preservation of titles to real p roperty, to have a
complete and accurate index made of all instruments of record affecting real property, they are hereby
authorized to have such index made by the county clerk of said county.




                                                         72
14-10-2. [Index books; al phabetical and reverse order arrangement.]

For the purpose of the index mentioned in the preceding section [14-10-1 NMSA 1978], there shall be
provided index books, and all instruments affecting tit le to real estate shall be indexed in their regular order
alphabetically arranged, as well as in their reverse order in the same manner.

14-10-3. [Form of index.]

The said index shall be ruled and headed in the manner and fo rm substantially as s hown
on the following form:

____________________________________________________________________________
 Time o f Reception____         |                          |
 Month      |    Day    | Year |   Grantor or Mortgagor   |     Grantees_____

____________________________________________________________________________
 Or Mortgagees  |   Instrument  | Book | Page |__Date of Instrument
                |               |        |        | Month | Day | Year__

____________________________________________________________________________
                                  Description of Property____________________________
Subdivision of sections and numbers of lots                       | To wn or City____
             |    Sec.     |         |        |     Acres     |
Addition    |     Blk.     | TP. |        R. |                |    Remarks___________

14-10-4. [Description of lands.]

All town p roperty or lands shall be entered and described in the said index in the manner ind icated,
according to numbers, metes or bounds: but, provided, that where this is impossible fro m the nature of the
description then the tract or tracts may be described by some appropriate t itle, or the owner's name.

14-10-5. [Standard form; use required.]

The form of index provided in the two preceding sections [14 -10-3, 14-10-4 NMSA 1978]
shall be the standard form of index and shall be used througho ut the state.

                                                                                                            'A
                                     CHAPTER 19 -- PUB LIC LANDS
                                 Article 1 -- Commissioner of Public Lands

Sec.
19-1-21. Copies of records; fees; use as evidence.

19-1-21. Copies of records; fees; use as evi dence.

When requested to do so, the commissioner shall furn ish copies of any records, plate, including but not
limited to maps, tracings, graphs, recordings, tapes, machine printouts and other documents or instruments
constituting records of the state land office, upon payment at a rate, not less than the actual cost, to be set
by the commissioner by regulation. The co mmissioner shall charge one dollar fifty cents ($1.50) for
certificate and seal which certifies any copy. Moneys so collected shall be credited to the state land
maintenance fund, Any such certified copy shall be admitted as evidence in any court in the state with the
same force and effect as the original.




                                                       73
                                     CHAPTER 19 -- PUB LIC LANDS
                                         Article 4 -- Townsites

Sec.                                                     Sec.
19-4-1. Patents of townsites to be recorded.             19-4-4. Ttit le to townsite vested in probate judge in
194-2. Fa ilure to record townsite patent; penalty.              trust; suit to determine rights; execution
19-4-3. Prosecutions for failure to record; duty of              of deeds
          district attorneys.                            19-4-6. Vacat ing all or part of townsite

19-4-1. [Patents of townsites to be recorded.]

  It shall be the duty of any person who receives a patent from the government of the United States for a
townsite in the state of New Mexico, to at once file such patent for record with the county clerk of the
county wherein such townsite is situated.

19-4-2. [Failure to record townsite patent; penalty.]

   Any person or persons failing to file for record the patent they have received for a townsite in the state of
New Mexico, shall, upon conviction, before any court of competent jurisdiction, be imprisoned in the
county jail fo r a period of not less than one year, and be fined in a sum of not less than five hundred dollars
[($500)], together with the costs of the prosecution.

19-4-3. [Prosecuti ons for failure to record; duty of district attorneys.]

  It is hereby made the duty of the several district attorneys in the state of New Mexico to prosecute all
violators of the preceding section [19-4-2 NMSA 1978].

19-4-4. [Title to townsite vested in probate judge in trust; quit to determi ne rights; executi on of
deeds.]

  Any land embraced in any townsite which has been entered as provided by the laws of the United States
and the title of wh ich is vested in the probate judge, in trust for the use and benefit of the several occupants
of the land embraced within the said townsite, which has not been conveyed to the occupants, their heirs,
executors, successors or assigns, who were entitled to the same at the time the entry of such land was made,
or at the time patent was received fro m the Un ited States, by reason of the failure of said probate judge to
give notice of such entry, or the receiving of said patent, or by reason of such occupants, their heirs
executors, successors and assigns failing to make the statement and filing the same as required by law, then
in such case any such occupant, or the heirs, executors, successors or assigns of any such occupant, may
file a suit in the district court in the county wherein land is situated, to have his or its in terest in the said
land, at the time of such entry or the receiving of such patent, or the successor in title to the right of such
occupant, declared ascertained. The probate judge shall be made a party defendant and the said district
upon a hearing, shall adjudicate and determine the interest of such occupant at the time o f such entry, or the
receiving of such patent, or the interest of the heirs, executors, successor and assigns of such occupant, and
entering a decree declaring the interest of such occupant. Upon the entering by the said district court of the
decree declaring the interest of such occupant, or his or its successors in title, the probate judge of the
county shall immediately thereafter make, execute and deliver to the parties so declared to be entitled to
any part of the land embraced within the said townsite, a deed for his or its respective interest.

19-4-6. [Vacating all or part of townsite.]

  When any tract of land may be filed upon, platted and recorded as a townsite in accordance with the
provisions of an act of congress or law of New Mexico, and no town or organization under the laws of New
Mexico shall have been perfected by the inhabitants residing thereon, or the owners thereof, the same may
be vacated by consent of all such inhabitants or owners and disposed of as the said inhabitants or owners
shall agree: p rovided, that a statement, signed and certified to by a majority of said inhabitants or owners,
setting forth the fact of the vacation of such townsite, be filed with the clerk of the county in which the



                                                       74
same shall be situated. When any tract of land has been recorded as a townsite, or has been annexed as an
addition to a townsite, any part or portion thereof may be vacated upon the written consent of all the
owners of that part or portion which it is proposed to vacate: provided, that no expenditures of money have
been theretofore made or incurred by said town for the improvement or benefit of said part or portion, and
that the same is bounded in same [whole] o r in part by e xterior town lines, and that when so vacated a
statement, subscribed by such owners, setting forth the facts of such vacation, together with an accurate
description, map and plat of such part vacated shall be filed in the office of the county clerk of the county
in wh ich such town is situated.


                                    CHAPTER 19 -- PUB LIC LANDS
                     Article 5 -- Cl assification, Care and Protecti on of State Lands

19-5-2. [Maps, plats and tract books for recording data.]

19-5-2. [Maps, pl ats and tract books for recordi ng data.]

 Fo r the purpose of carrying into effect the provisions of this act [19 -5-1, 19-5-2 NMSA 1978], the
commissioner of public lands is authorized to install in his office such a system of maps, plats and tract
books as shall be necessary and convenient for properly recording, in readily accessible form, such data as
he may obtain, pertaining to the character of the state's lands.


                                   CHAPTER 19 -- PUB LIC LANDS
                                   Article 7 -- Sale and Lease of Lands

19-7-21. [To wnsite lands; subdivision.]               19-7-57. [Rights-of-way; grants; price.]
19-7-22. [Cemetery or school site lands;
         subdivision and sale.]

19-7-21. [Townsite lands; subdi vision.]

  Whenever any of the state lands shall be valuable or desirable fo r townsite purposes, the commissioner
may cause or permit the same to be subdivided into suitable tracts, or surveyed into lots and blocks, with
the usual reservations for streets, alleys and public purposes, and shall cause appraisement of such lands to
be made and prescribe ru les and regulations for the use and occupancy thereof, and may lease or sell such
lots, blocks and subdivisions in accordance with law.

19-7-22. [Cemetery or school site lands ; subdi vision and sale.]

 Should any state lands be valuable or desirable for cemetery o r school site purposes, the commissioner
may subdivide and sell such lands for such purposes in accordance with law.

19-7-57. [Rights-of-way; grants; price.]

  The co mmissioner may grant rights -of-way and easements over, upon or across state lands for public
highways, railroads, tramways, telegraph, telephone and power lines, irrigation works, mining, logging and
for other purposes, upon payment by the grantee or grantees of the price fixed by the commissioner, wh ich
shall not be less than the min imu m price for the lands, used, as fixed by law.




                                                     75
          CHAPTER 37 – LIMITATIONS OF ACTIONS; ABATEMENT AND REVIVOR
                             Article 1 – Li mitations of acti ons

Sec.
37-1-21. Real property held under governmental        37-1-23. Contractual liab ility; statute of limitations.
        deed, devise or grant; ten years possession 37-1-28. Real estate; limitation on actions for defects
        confirms tit le; exception for persons under           of tit le.
        disability.
37-1-22. Tit le in fee simp le by adverse possession;
        action after ten years barred; definition;
        payment of taxes.

37-1-21. Real property hel d under g overnmental deed, devise or grant; ten years possession confirms
title; excepti on for persons under disability.

  In all cases where any person or persons, their children, heirs or assigns, shall have had possession for ten
years of any lands, tenements or hereditaments which have been granted by the governments of Spain,
Mexico or the United States, or by whatsoever authority empowered by said governments to make grants to
lands, holding or claiming the same by virtue of a deed or deeds or [of] conveyance, devise or grant
purporting to convey an estate in fee simp le, and no claim by suit in law or equity effectually prosecuted
shall have been set up or made to the said lands, tenements or hereditaments, within the aforesaid t ime of
ten years, then and in that case, the person or persons, their children, heirs or assigns, so holding possession
as aforesaid, shall be entitled to keep and hold in possession such quantity of lands as shall be specified and
described in his, her or their deed of conveyance, devise, or grant as aforesaid, in preference to all, and
against all, and all manner of person or persons whatsoever; and any person or persons, their children or
their heirs or assigns, who shall neglect or who have neglected fo r the said term of ten years, to avail
themselves of the benefit of any title, legal or equitable, wh ich he, she or they may have to any lands,
tenements or hereditaments, within this state, by suit of law or equity effectually prosecuted against the
person or persons so as aforesaid in possession, shall be forever barred, and the person or persons, their
children, heirs or assigns so holding or keeping possession as aforesaid for the term of ten years, shall have
a good and indefeasible title in fee simp le to such lands, tenements or hereditaments; provided, however,
that the person or persons claiming possession, his predecessors or grantors of such lands, tenements or
hereditaments shall have for the period ment ioned in this section continuously paid all state, county and
municipal taxes which during the ten-year period have been assessed against the property; provided,
further, that if any person entitled to commence or prosecute such suit or action is or shall be, at the time
the cause of action therefor first accrued, imp risoned, of unsound mind, or under the age of majority, then
the time for co mmencing such action shall in favor of such persons be extended so that they shall have one
year after the termination -of such disability to co mmence such action; but no cumulative disability shall
prevent the bar of the above limitation, and this proviso shall only apply to those disabilities wh ich existed
when cause of action first accrued and to no other.

37-1-22. Title in fee simple by adverse possession; action after ten years barred; definiti on; payment
of taxes.

  In all cases where any person or persons, their children, heirs or assigns, shall have had adverse
possession continuously and in good faith under color of title for ten years of any lands, te nements or
hereditaments and no claim by suit in law or equity effectually Prosecuted shall have been set up or made
to the said lands, tenements or hereditaments, within the aforesaid time of ten years, then and in that case,
the person or persons, their children, heirs or assigns, so holding adverse possession as aforesaid, shall be
entitled to keep and hold in possession such quantity of lands as shall be specified and described in some
writing purporting to give color of tit le to such adverse occupant, in preference to all, and against all, and
all manner of person or persons whatsoever; and any person or persons, their child ren or their heirs or
assigns, who shall neglect or who have neglected for the said term of ten years, to avail themselves of the
benefit of any title, legal or equitable, which he, she or they may have to any lands, tenements or
hereditaments, within this state, by suit of law or equity effectually p rosecuted against the person or
persons so as aforesaid in adverse possession, shall be forever barred, and the person or persons, their



                                                       76
children, heirs or assigns so holding or keeping possession as aforesaid for the term of ten years shall have
a good and indefeasible title in fee simp le to such lands, tenements or hereditaments; provide d, that if any
person entitled to commence or Prosecute such suit or action is or shall be, at the time the cause of action
therefor first accrued, imp risoned, of unsound mind or under the age of majority, then the time for
commencing such action shall in favor of such persons be extended so that they shall have one year after
the termination of such disability to commence such action; but no cumulative disability shall prevent the
bar of the above limitation, and this proviso shall only apply to those dis abilities wh ich existed when the
cause of action first accrued and to no other. "Adverse possession" is defined to be an actual and visible
appropriation of land, co mmenced and continued under a color of tit le and claim o f right inconsistent with
and hostile to the claim of another; provided, however that in the case of severed mineral interests the
possession by the party in possession of the surface shall be considered as the constructive possession of
such mineral claimant until actual possession shall have been taken by such mineral claimant; and provided
further in no case must "adverse possession" be considered established within the meaning of the law,
unless the party claiming adverse possession, his predecessors or grantors, have for the period men tioned in
this section continuously paid all the taxes, state, county and municipal, which during that period have been
assessed against the property.

37-1-23. Contractual li ability; statute of li mitations.

  A. Govern mental entities are g ranted immunity fro m act ions based on contract, except actions based on a
valid written contract.
  B. Every claim permitted by this section shall be forever barred unless brought within two years fro m the
time of accrual.

37-1-28. Real estate; limi tation on acti ons for defects of ti tle.

  A. After fifteen years fro m the date an instrument affecting tit le to real estate is recorded, no action shall
be brought for recovery of the real estate because:
     (1) the instrument was not signed by the proper officer of a corporation;
     (2) the record does not show any authorization for the instrument by the board of directors or
stockholders, or both, of a corporation;
     (3) the instrument was executed by a corporation:
         (a) that had been dissolved;
         (b ) whose articles of incorporation had expired;
         (c) whose certificate of incorporation had been cancelled or revoked; or
         (d ) whose certificate of authority to transact business in this state had been revoked or with drawn;
     (4) the executor, ad min istrator, guardian, assignee, receiver, master, agent or trustee or other agency
making the instrument signed or acknowledged it individually rather than in h is representative or official
capacity;
     (5) the instrument was executed by a trustee without record of judicial or other determination of h is
authority or of the verity of the facts recited in the instrument;
     (6) the officer, who took the acknowledg ment of the instrument and who had an official seal, d id not
affix his seal or show the date of the exp iration of his commission on the certificate of acknowledg ment; or
     (7) the wo rding of the consideration in the instrument may or might create an implied lien, other than
an express vendor's lien, in favor of the grantor.
  B. If the action is not barred by limitat ion or otherwise and if the instrument is of record fourteen years or
more prior to the effective date of this section, no action for the recovery of real estate because of any
defect listed in Subsection A shall be brought after one year fro m the effect ive date of this section.
  C. If any person, who is entitled to bring an action for the recovery of real estate is imprisoned, of
unsound mind or under the age of majority when the cause of action first accrues, the time for co mmencing
the action by such person is extended one year after the termination of the disability. No cu mulat ive
disability shall prevent the bar of the limitation of this section. This subsection applies only to disabilities
that existed when the cause of action first accrued.
  D. Th is section does not apply to:
     (1) forged instruments;-or
     (2) instruments given by any community land grant corporation, as defined by law; or



                                                       77
    (3) actions that were pending or that were determined prio r to July 1, 1971.


            CHAPTER 42 –ACTIONS AND PROCEEDINGS RELATING TO PROPERTY
                     Article 42 -- Ejectment and Recovery of Real Property

Sec.                                                        Sec.
42-4-26. [Measurements and surveys of mine                  42-4-28. [Notice of desire to enter mine.]
         pending suit; authorizat ion expenses.]            42-4-29. [Refusing entry; court may exclude
42-4-27. [Who may enter for measurements                             evidence, render judg ment or
         and surveys.]                                               assist entry; costs.]

42-4-26. [Measurements and surveys of mine pen di ng suit; authorization expenses.]

  In all actions at law, or suits in equity, in any of the district courts of this state, wherein the tit le or right of
possession to any mining claim, or ores and minerals is in dispute, any party to such action or su it shall
have the right to go upon or enter the workings of said min ing claim for the purpose of measuring or
surveying the same, either upon the surface or in the workings thereof, peaceably, and without mo lestation;
the costs and expenses of such measurement or survey to be paid by the party for whose use and benefit the
same was done.

42-4-27. [Who may enter for measurements and surveys.]

  The right to go upon and enter said mining claim shall be extended to the party applying therefor, as well
as a surveyor and two chain carriers.

42-4-28. [Notice of desire to enter mine.]

  Before any person may enter upon or go into the workings of such mine without the consent of the person
or corporation in possession, he shall g ive not less than five days' no tice in writ ing to such person in
possession, or to his agent or manager, and if the possession is held by a corporation, said notice shall be
served upon the president, agent or manager of such corporation, or upon the foreman in charge of the
mine, that at a certain date, specified in said notice, he desires to enter upon or go into the workings of said
mine, as the case may be, for the purpose of surveying and taking a measurement of the same, in order that
he may be able to present the facts on the trial.

42-4-29. [Refusing entry; court may exclude evi dence, render judg ment or assist entry; costs.]

  If such person or corporation shall not permit any party in interest in such suit or action, to go upon or
enter said mine, as contemplated in the preceding sections [42-4-26, 42-4-27, 42-4-28 NMSA 1978], after
having been notified in the manner designated, the court may, upon proper showing, verified by affidavit,
or otherwise, exclude all ev idence offered on the trial by the party so refusing, or render judg ment or decree
in favor of the party giving such notice: provided, that the court may, in its discretion, make an order
directing the sheriff to go upon the ground with the party applying for the measurement and survey of such
mine, and place the person so applying in possession, for the purpose of measuring and surveying the same,
in wh ich case the court may direct the pay ment of costs as may be just and proper.


           CHAPTER 42 – ACTIONS AND PROCEEDINGS RELATING TO PROPERTY
                                  Article 5 -- Partiti on

Sec.                                                        Sec.
42-5-1. Co mp laint; prayer.                                42-5-4. Intervention.
42-5-2. Part ies to action.                                 42-5-5. Decree; b inding effect.
42-5-3. Un known persons made parties.




                                                          78
42-5-1. [Compl aint; prayer.]

  When any lands, tenements or hereditaments shall be owned in jo int tenancy, tenancy in common or
coparcenary, whether the right or tit le be derived by donation, grant, purchase, devise or descent, it shall be
lawful for any one or more persons interested, Whether they be in possession or not, to present to the
district court their co mplaint in Chancery, praying for a d ivision an d partition of such premises, according
to the respective rights of the parties interested therein, and for a sale thereof, if it shall appear that partition
cannot be made without great prejudice to the owners.

42-5-2. [Parties to acti on.]

  Every person having an interest in the premises, whether having possession or otherwise, or whether such
interest be based upon the common source of title or otherwise, shall be made a party to such complaint,
and in cases where one or more o f such parties shall be unknown, o r the share or quantity or interest of any
of the parties is unknown to the plaintiff, or when such shares or interest shall be uncertain or contingent, or
when there may be any other impediment, so that such parties cannot be named, the same sha ll be so stated
in the comp laint.

42-5-3. [Unknown persons made parties.]

  All persons interested in the lands, tenements or hereditaments of which part ition is sought to be made,
whose names are unknown, may be made part ies to such partition by the name and description of unknown
owners or proprietors of the premises, or as unknown heirs of any persons who may have been interested in
the same.

42.5-4. [Intervention.]

 During the pendency of such suit or proceeding any person claiming to be intereste d in the premises may
appear and answer the comp laint and assert his right by way of intervention, whether such interest be
derived or claimed under the co mmon source of title or otherwise, and the court shall decide upon their
[his] rights as though they [he] had been made parties [a party] in the first instance.

42-5-5. [Decree; bindi ng effect.]

  The court shall ascertain and declare the rights, titles and interests of all the parties to such proceedings
and render such decree as may be required by the rights of the said parties, which said decree shall be
binding upon all of the said parties, whether they be adults or not.


            CHAPTER 42 – ACTIONS AND PROCEEDINGS RELATING TO PROPERTY
                                 Article 6 – Quieti ng Ti tle

Sec.                                                      Sec.
42-6-l.    By and against whom action may                 42-6-8. M ines deemed real estate.
           be brought several tracts may be               42-6-9. Equitable. procedure.
           included in one action.                        42-6-10. Attorneys' fees payable in land; suit by
42-6-2.   Co mp laint; parties; unknown claimants.                attorney; intervention in other actions; -
42-6-3.   Nu merous claimants; suit by committee.                 partition.
42-6-4.   Co mmittee may make contracts; binding          42-6-11. Jo int owners; share in expenses of suit; lien
          effect.                                                 on property of co-owners; interest;
42-6-5.   Manner of appointment of co mmittee;                    no exempt ion.
           effect of appoint ment; persons not            42-6-12. Consent of state in quiet title and
           appointing committee made defendants;                  foreclosure suits.
           unknown claimants.
42-6-6.   Joinder of parties plaintiff.
42-6-7.   Disclaimer; costs; default..



                                                         79
42-6-1. By and against whom action may be brought; several tracts may be included in one action.

  An action to determine and quiet the title of real property may be brought by anyone having or claiming
an interest therein, or by the holder of any mortgage, mortgage deed, trust deed or any other written
instrument which may operate as a mortgage, in an action brought to foreclose the said mortgage, mortgage
deed, trust deed or such other written instrument, whether in or out of posses sion of the same, against any
person or persons, claiming tit le thereto, or parcel or port ion thereof, or lien thereon, whether such lien be a
mortgage or otherwise. Any number o f tracts of land may be embraced in the same act ion, whether
claimed by diffe rent persons or not; and in instances where a tract of land title to which is sought to be
quieted lies within more than one county such action may be brought in any county in which part of said
tract lies. Tit le may be quieted against the owner or holder of any mortgage, claim of lien or other
encumbrance, where the owner or holder of such mo rtgage, lien or encumb rance has permitted same to
become barred by statute of limitations, and where the record or docu mentary evidence reflects that the
required time to bar such mortgage or other lien has elapsed, the same shall constitute prima facie evidence
that the debt or obligation and lien securing same is barred, and the owner or holder of such mortgage, lien
or claim shall be estopped fro m asserting any rights thereunder in such suit.

42-6-2. Compl aint; parties; unknown clai mants.

  The plaintiff must file h is comp laint in the district court, setting forth the nature and extent of his estate
and describing the premises as accurately as may be, and averring that he is credibly informed and believes
that the defendant makes some claim adverse to the estate of the plaintiff, and praying for the establishment
of the plaintiff's estate against such adverse claims, and that the defendant be barred and forever est opped
fro m having or claiming any lien upon or any right or title to the premises, adverse to the plaintiff, and that
plaintiff’s tit le thereto be forever quieted and set at rest. Any or all persons whom the plaintiff alleges in
his complaint he is in formed and believes make claim adverse to the estate of the plaintiff, the unknown
heirs of any deceased person whom p laintiff alleges in his co mplaint in his lifetime made claim adverse to
the estate of the plaintiff, and all unknown persons claiming any lien , interest or tit le adverse to plaintiff,
may be made parties to said complaint by their names, as near as the same can be ascertained, such
unknown heirs by the style of unknown heirs of such deceased person, and said unknown persons who may
claim any lien, interest or title adverse to the plaintiff, by the name and style of unknown claimants of
interest in the premises adverse to the plaintiff. When the plaintiff shall allege generally in his comp laint
that he has made due search and inquiry to ascertain whether any person whom he desires to name as party
defendant in said cause is living or dead and is unable to ascertain with certainty whether such person is
liv ing or dead, such person and his unknown heirs may be made parties defendant to said complain t under
the name and style of "(name of the party), if living, if deceased, the unknown heirs of (name of the party),
deceased." Service of process and notice of said suit against all of such defendants shall be made as in other
cases in conformity with the provisions of law and ru les of court relating to the service of process.

42-6-3. [Numerous claimants; suit by committee.]

  Whenever any number of persons, more than ten, hold or claim the tit le to any tract of land as tenants in
common, coclaimants, jo int tenants or coparceners holding and claiming such land by adverse possession
or otherwise they may elect or appoint a co mmittee fro m their nu mber who shall be authorized to
commerce and maintain an act ion in the name of such committee for the benefit and to the use of the whole
number of such persons against any person or persons claiming an adverse estate or interest therein for the
purpose of determining such adverse claim or of establishing their title, or of removing a cloud upon the
same.

42-6-8. [Mines deemed real estate.]

 For the purposes of this article and for all other purposes, mines shall be deemed and taken to be real
estate.




                                                       80
42-6-9. [Equi table procedure.]

 The action contemp lated by this article shall be conducted as other actions , by equitable proceedings
under the rules of chancery.

42-6-10. [Attorneys' fees payable in land; suit by attorney; intervention in other acti ons; partition.]

  Whenever any attorney-at-law performs any legal services for the plaintiff, at the request or instance of
any person interested in lands or land claims, or any part thereof, in any court wh ich may be held in this
state, either federal or state, for the purpose of confirming, quiet ing or establishing the title of any tract of
land and it shall be agreed or it has been agreed, between such attorney and such person so interested, that
such attorney shall represent the plaintiff and receive fo r such services any part or portion of such land,
such attorney may d irectly institute suit against all the owners of such tract of land, known o r unknown, to
establish his right and title in him under said agreement to the part or portion of such land agreed to be paid
to him for his services; or he may in any suit brought to quiet the title to such tract of lan d or any part
thereof, thereafter, or to partition the same, or both, intervene and set up his claim therein for the part of
such land so agreed to be paid him for his services, and it shall be the duty of the court in all such cases to
decide in such suit or intervention, and if it be found that there was such an agreement, made by such
person owning or interested in such lands, or any part thereof, and acting in whole or in part for the plaintiff
or any of them, and also that the services were wo rth, according to the usual charges in this state for such
service, at the time they were rendered, or agreed to be rendered, the amount so agreed to be paid for the
same to adjudge or decree the amount so agreed to be paid for such services out of the lands involv ed in the
suit or proceedings, as his property. And the same may be partitioned or set apart to him, in any partit ion
suit then pending, or which may thereafter be pending; or if the court should find that the amount so agreed
to be paid exceeds the value of the services in this state at the time they were rendered or contracted for,
then the court shall allow or adjudge or decree to such attorney an amount of such land as compensation for
his services as will be reasonable as aforesaid.

42-6-11. [Joint owners; share in expenses of suit; lien on property of co-owners; interest; no
exempti on.]

  Whenever any joint owner of real estate, whether claimed by private land grant or otherwise, shall b ring
suit to establish the title thereto in any court for the benefit of himself and other owners of such real estate,
and such suit shall be favorably determined, then in that case the just and reasonable expenses incurred in
the prosecution of such suits, including reasonable attorney's fees, actually expended by h im, shall be and
remain a charge against the real property so affected of such co -owners, with lien in proportion to the
several amounts of land claimed by each, and such proportionate charge shall be collected, with interest at
the rate of twelve percent per annu m additional, as a charge or lien upon the real property of such co -
owners which was beneficially affected by such suit, and none of such real estate so beneficially affected
shall be exempt fro m said charge or lien by virtue of any execution or fo rced sale exemption law in fo rce in
this state.

42-6-12. [Consent of state in quiet title and foreclosure suits.]

   Upon the conditions herein prescribed for the protection of the state of New Mexico, the consent of the
state is given to be named a party in any suit which is now pending or wh ich may hereafter be brought in
any court of competent jurisdiction of the state to quiet title to or for the foreclosure of a mo rtgage or other
lien upon real estate or personal property, for the purpose of securing an adjudication touching any
mortgage or other lien the state may have or claim on the premises or personal property involved.




                                                       81
                                  CHAPTER 42 – PROPERTY LAW
                            Article 1 – Conveyances and General Provisions

Sec.                                                 Sec.
47-1-1.  "Real estate" defined.                      47-1-30. Quitclaim dew effective in fee simp le
47-1-2.  Monopolies; entailments; primogeniture.               without warranty.
47-1-3.  Repealed.                                   47-1-31. "Special warranty deed"; effect.
47-1-4.  Conveyances authorized.                     47-1-32. " Grant" effect ive as a word of
47-1-5.  Signing of conveyances.                               conveyance.
47-1-6.  Seal unnecessary.                           47-1-33. Unnecessary terms; construction of deeds
47-1-7.  Powers of attorney and revocations thereof            or reservations.
        to be acknowledged and recorded.             47-1-34. Rights included without enumeration.
47-1-8. Conveyances under terminated power of        47-1-35. Conveyance or mortgage to joint tenants.
        attorney; validation.                        47-1-36. Jo int tenancies defined; creation.
47-1-9. Notice of revocation or death by means       47-1-37. Effect of warranty covenants in
       of affidavit.                                           conveyances.
47-1-10. Recordation of affidavit of termination     47-1-38. Effect of special warranty covenants in
          of power of attorney.                                conveyances.
47-1-11. Instruments by agent authorized.            47-1-39. Mortgage or deed of trust provisions;
47-1-12. Conveyance by decree or master.             .          effect.
47-1-13. Lineal and collateral securities; contracts 47-1-40. Construction of "mortgage covenants."
          binding realty as against heirs and        47-1-41. Construction of "statutory mortgage
          legal claimants.                                     condition."
47-l-14. Effect of words "bargained and sold."       47-1-42. Sheriff designated as successor trustee.
47-1-15. Joint grantees or devisees; tenancy in      47-1-43. Verb "assign" sufficient to transfer interest.
         co mmon.                                    47-1-44. Conveyancing foms.
47-1-16. Instrument of conveyance; prima facie       47-1-45. Real estate brokerage agreements required
          evidence of joint tenancy.                           to be in writ ing
47-1-17. Entailed estates.                           47-1-46. Real estate descriptions by reference to
47-1-17.1.Repealed.                                            recorded instruments
47-1-18. Reversion; "heirs" and "successors"         47-1-47. Recovery of realty donated to state or
           defined.                                            municipality for specific purposes.
47-1-19. Rights of heirs of life tenant when made 47-1-48. Rules applicab le; service of process.
           remaindermen.                             47-1-49. New Mexico coordinate system; zones.
47-1-20. Remainder to unborn child.                  47-1-50. Zone designations.
47-1-21. Future possession dependent on death        47-1-51. Plane coordinates, x and y; definit ion
           without heirs; effect of birth of         47-1-52. Description of land located in more than
           posthumous child.                                   one zone
47-1-22. Grants of rents, returns or remainders.     47-1-53. Definition of coordinate system according
47-1-23. Transfer of reversion authorized.                     to national ocean survey and national
47-1-24. Rights of transferee of reversion.                    geodetic survey
47-1-25. Rights of persons in possession under       47-1-54. Recordation of land description based on
           Spanish and Mexican grants                          coordinate system; limitat ion.
47-1-26. Tax assessment or payment in name of        47-1-55. Use on maps, reports of survey or other
           nonowner is not cloud on title.                     documents.
47-1-27. "Statutory forms" of conveyance and         47-1-56. Use of coordinate system.
           mortgage of real property.
47-1-28. Applicab ility fro m effective date of act.
47-1-29. "Warranty deed" effective in fee simp le.

47-1-1. "Real estate" defined.

  The term "real estate, as used in Chapter 47 NM SA 1978, shall be so construed as to be applicable to
lands, tenements and hereditaments, including all real movable property and leaseholds. As used in this
section 'leasehold7 means an estate in real estate or real p roperty held under a lease.




                                                     82
47-1-2. Monopolies; entailments; pri mogeniture.

 Monopolies are contrary to the genius of a free government and shall never be allowed, nor shall the law
of primogeniture or entailments ever be in force in this state.

47-1-3. Repealed.

47-1-4. [Conveyances authorized.]

  Any person or persons, or body politic, hold ing, or who may hold, any right or tit le to real estate in this
state, be it absolute or limited, in possession, remainder or reversion, may convey the same in the manner
and subject to the restrictions prescribed in this chapter.

47.1-5. [Signing of conveyances.]

 All conveyances of real estate shall be subscribed by the- person transferring his tit le or interest in said
real estate, or by his legal agent or attorney.

47-1-6. Seal unnecessary.

  No seal or scroll is necessary to the validity ofI any contract, bond or conveyance, whether respecting real
or personal property, or any other instrument of writ ing, nor does the addition or o mission of a seal or scroll
in any way affect the force or effect of the same.

47-1-7. [Powers of attorney and revocati ons thereof to be acknowledged and recorded.]

  All powers of attorney or other writings containing authority to convey real estate, as agent or attorney of
the owner. of the same, or to execute, as agent for another, any conveyance of real estate, or by which real
estate may be affected in law, or equity, shall be acknowledged, certified, filed and recorded, as ot her
writings conveying or affecting real estate are required to be acknowledged. No such power of attorney, or
other writing, filed and recorded in the manner prescribed in this section, shall be considered revoked by
any act of the party executing the same, until the instrument of writ ing revoking the same, duly
acknowledged and certified to, shall be filed fo r record and recorded in the office of the county clerk where
said power of attorney or other writing is filed and recorded.

47-1-8. [Conveyances under terminated power of attorney; vali dati on.]

 All conveyances or encumbrances of real or personal property heretofore or hereafter made in pursuance
of a power of attorney valid when executed, are hereby declared valid notwithstanding the revocation of
such power or the death of the donor of such power where the person to whom such conveyance or
encumbrance is made or granted is a bona fide purchaser or encumbrancer fo r value and without notice of
such revocation or death.

47-1-9. [Notice of revocation or death by means of affi davi t.]

  Notice of such revocation or death may be given so as to affect, with notice, all subsequent purchasers or
incumbrancers within the mean ing of Section 1 [47-1-8 NMSA 1978] hereof by the filing for record with
the county clerk of the county where such real estate is located or where such personal property is usually
situated, as the case may be, of the affidavit of any person declaring the facts. Such affidavit may be made
on information and belief and such [shall] be duly acknowledged in the same manner as the instrument
conveying real estate.

47-1-10. [Recordation of affi davi t of termination of power of attorney.]

  In the absence of the recordation of an affidavit as described in Section 2 [47 -1-9 NMSA 1978] hereof,
all subsequent bona fide purchasers or incumbrancers without actual notice of the defects in such power of



                                                       83
attorney as referred to in Section 1 [47-1-8 NMSA 1978] hereof, shall be entitled to the same interest and to
the same extent as they would have been had such power of attorney not been subject to such defects.

47-1-11. [Instruments by agent authorized.]

  All conveyances of real estate, mortgages, trust deeds, sales contracts and other instruments of writing
affecting the title to real estate, subscribed and executed by the owner or owners thereof through his or her
duly authorized agent under a duly executed and acknowledged power of attorney, shall have the same
force and effect as though said conveyance, mortgage, trust deed, sales contract or other instrument
affecting the title to real estate had been actually subscribed by the owner or owners thereof.

47-1-12. [Conveyance by decree or master.]

 In all actions relat ing to real estate, where it beco mes necessary for the conveyance of the same by either
party to the action the court may enter a decree, which of itself shall operate as a good and sufficient
conveyance of the real estate in question or may appoint any proper person to make such conveyance for
and on behalf of the party.

47-1-13. [Lineal and coll ateral securities; contracts bindi ng realty as ag ainst heirs and legal
claimants.]

  Lineal and collateral securities in all cases are hereby forbidden, but the heirs and legal claimants of any
person who may have made any written contract or agreement shall be responsible for said contract or
agreement to the extent of the lands limited or bequeathed, in such case, and in the manner prescribed by
law.

47-1-14. [Effect of words "bargained and sol d".]

 The words, bargained and sold, or words to the same effect, in all conveyances of hereditary real estate,
unless restricted in express terms on the part of the person conveying the same, himself and his heirs, to the
person to whom the property is conveyed, his heirs and assignees, sh all be limited to the following effect:
     A. that the grantor, at the time of the execution of said conveyance, is possessed of an irrevocable
possession in fee simple to the property so conveyed;
     B. that the said real-estate, at the time of the execution of said conveyance, is free fro m all
encumbrance made or suffered to be made by the grantor, or by any person claiming the same under him;
     C. for the greater security of the person, his heirs and assignees, to whom said real estate is conveyed
by the grantor and his heirs, suits may be instituted the same as if the conditions were stipulated in the said
conveyance.

47-1-15. [Joint grantees or devisees; tenancy in common.]

  All interest in any real estate, either granted or bequeathed to two or more persons other than executors or
trustees, shall be held in co mmon, unless it be clearly exp ressed in said grant or bequest that it shall be held
by both parties.

47-1-16. [Instrument of conveyance; pri ma facie evi dence of joint tenancy.]

  An instrument conveying or transferring tit le to real or personal property to two or mo re persons as joint
tenants, to two or more persons and to the survivors of them and the heirs and assigns of the survivor, or to
two or more persons with right of s urvivorship, shall be prima facie evidence that such property is held in a
joint tenancy and shall be conclusive as to purchasers or encumbrancers for value. In any lit igation
involving the issue of such tenancy a preponderance of the evidence shall be su fficient to establish the
same.




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47-1-17. [Entailed estates.]

  Whenever a conveyance or bequest is made wherein the conveyor or testator shall hold possession of
property, be it lands or tenements, in law or equity, as under the English Statute of Edwa rd the First, styled
the entail statute, and said property is to be perpetuated in the family, each one of said conveyances or
bequests shall only invest the conveyors or testators with possession during their lifet ime, who shall
possess and hold the right and title to said premises, and no others, the same as a tenant for life is
recognized by law; and at the death of said conveyor or testator said lands and tenements shall descend to
the children of said conveyor or testator, to be equally divided among t hem as absolute tenants in common;
and if there should be but one child, it shall descend absolutely to it; and if any child should die, the part
which he or she should have received shall be given to his or her successor, and if there should be no such
successor, then it shall descend to his or her legal heirs.

47.1-17.1. Repealed.

47-1-18. [Reversion; "heirs" and "successors" defined.]

  When a balance or residue, in lands or tenements, goods or property, is limited by writing or otherwise to
take effect after the decease of any person without heirs, or bodily heirs, or succession, the words heirs and
successors shall be so construed as to mean heirs or successors living, at the time of the decease of the
person styled ancestor.

47-1-19. [Rights of heirs of life tenant when made remaindermen.]

  When the remainder of a possession is limited to the heirs or heirs of the body of a person who holds said
property as a life estate, in these premises the persons who at the termination of said life estate, are to be
heirs or heirs of the body of said life estate, shall be authorized to purchase the same (take as purchasers] by
virtue of the remainder of the possession so limited in them.

47-1-20. [Remainder to unborn chil d.]

  When any possession has been or shall be conveyed limiting the remainder of the possession to the son or
daughter of any person, born after the death of its parent, possession shall be taken the same as if he o r she
was born during the life of the parent, although no possession should have been conveyed to sustain the
remainder o f a contingent possession after his death, and after this an absolute possession or bequest may
be made, co mmencing in the future, in writing in the same manner as by will.

47-1-21. [Future possession depende nt on death wi thout heirs; effect of birth of posthumous chil d.]

 A future possession depending upon the contingency of the death of a person without heirs shall be
revoked by the birth of a posthumous son or daughter of said person capable of succeeding him.

47-1-22. [Grants of rents, returns or remainders.]

  Grants of rents, returns or remainders of possession shall be valid without the previous ceremonies of the
tenants, but no tenant having paid any rent to the grantor before receiving notice of th e transfer shall be
injured thereby.

47-1-23. [Transfer of reversion authorized.]

  That the possibility or right of reversion for breach or vio lation of condition or conditions subsequent
contained in any deed or other instrument conveying real estate in the state of New Mexico, is hereby made
assignable, and the grantor in any such instrument heretofore or hereafter made affecting real estate in the
state of New Mexico, is given the right to assign and transfer such future contingent right of reentry,
forfeiture and reversion for v iolation or breach of such condition or conditions subsequent.




                                                      85
47-1-24. [Rights of transferee of reversion.]

  The assignee of or any successor to the right of reentry, forfeiture and reversion for b reach or vio lation of
condition or conditions subsequent, is hereby given upon such assignment, all of the right's and privileges
of the original grantor for the enforcement of reentry, forfeiture and reversion when any such condition or
conditions subsequent shall have been breached or broken, including all legal and equitable remedies for
the judicial enforcement of such right or rights.

47.1-25. [Rights of persons in possession under S panish and Mexican grants.]

  Every person or persons being of the class or condition that have held or hold, in lawful possession under
a legit imate tit le, derived fro m the authorities of Spain o r Mexico, which, according to the laws at that time,
had legitimate authority to grant such title to property, upon whatever lands belonging to said go vernments,
prior to the treaty of peace by the latter with the United States, who actually find themselves in legal
possession upon said lands, in quiet and peaceful possession, and without being interrupted, from the time
that the government of the United States comprised within its limits this state; the said persons are entitled
to a lawful claim of property and legal ownership under the limits thereof, to the lands mentioned, in the
same manner as those who had acquired by purchase, inheritance or legal conveyance, be the same
whatever it may, according to law, exclusively and against any other person whatsoever, who lay claim
subsequent to that date.

47-1-26. [Tax assessment or payment i n name of nonowner is not cl oud on title.]

  That the entry of pay ment of taxes by any person, partnership, corporation or corporations upon tax rolls
of any county opposite the assessment of any real estate on the said tax rolls or the entry upon the said tax
rolls or any other official tax records in the office of the county assessor or treasurer that taxes upon real
estate and improvements thereon have been paid by any person or persons, partnerships, corporations or
associations, shall not in themselves without other record evidence of tit le be or constitute a clou d upon any
real estate or imp rovements thereon, and no title to real estate or imp rovements thereon shall be
unmarketable solely because of the assessment in the name of or payment of taxes by any person or
persons, partnership, corporation or association not having right, title or interest in or to such real estate or
improvements as shown by the records of the county clerk in the county wherein such property is situate.

47-1-27. ["Statutory forms' of conveyance and mortgage of real property.]

  The forms set forth in the appendix to this act [47-1-44 NM SA 1978] may be used and shall be sufficient
for their respective purposes. They shall be known as “statutory forms" and may be referred to as such.
They may be altered as circu mstances require, and the authorizat ion of such forms shall not prevent the use
of other forms.

47-1-28. [Applicability from effecti ve date of act.]

  Fo r the purpose of avoiding the unnecessary use of words in deeds or other instruments relating to real
estate whether said statutory form or other form is used, the rules and definitions contained in this act [47-
1-27 to 47-1-44 NMSA 1978] shall apply to all such instruments executed or delivered on or after the
effective date of this act.

47-1-29. ["Warranty deed' effecti ve in fee simple.]

 A deed in substance following the form entitled "warranty deed' in the appendix to this act [47-1-44
NMSA 1978] shall, when duly executed, have the force and effect of a deed in fee simp le to the grantee,
Ms heirs and assigns, to his and their own use, with covenants on the part of the grantor for h imself, his
heirs, executors, administrators and successors, with the grantee, his heirs, successors and assigns, as
specified in the definition of 'warranty covenants' in Section 10 [47 -1-37 NMSA 1978] of this act.




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47-1-30. ["Quitclai m deed" effecti ve in fee simple wi thout warranty.]

  A deed in substance following the form entitled 'quitclaim deed" shall, when duly executed, have the
force and effect of a deed in fee simple to the grantee, his heirs and assigns, to his and their own use of any
interest the grantor owns in the premises, without warranty.

47.1-31. ["Speci al warranty deed"; effect.]

  A deed in substance follo wing the form entitled 'special warranty deed' shall, when duly executed, have
the force and effect of a deed in fee simp le to the grantee, his heirs and assigns, to his and their own use,
with covenants on the part of the grantor, for h imself, his heirs, executors, administrators, and successors,
with the grantee, his heirs, successors and assigns as specified in the defin ition of 'special warranty
covenants" in Section 11 [47-1-38 NM SA 1978] of this act.

47-1-32. ["Grant" effecti ve as a word of conveyance.]

   In a conveyance of real estate the word 'grant" shall be a sufficient word of conveyance without the use
of the words 'give, bargain, sell and convey" and no covenant shall be imp lied fro m the use of the word,
"grant.”

47-1-33. [Unnecessary terms; constructi on of deeds or reservations.]

  In a conveyance or reservation of real estate the terms, “heirs,” “assigns” or other technical words of
inheritance shall not be necessary to convey or reserve an estate in fee. A deed or reservation of real estate
shall be construed to convey or reserve an estate in fee simple, unless a different intention dearly appears in
the deed.

47-1-34. [Rights included wi thout enumeration.]

    In a conveyance or mortgage of real estate all rights, easements, privileges and appurtenances belonging
to the granted estate shall be included in the conveyance, unless the contrary shall be stated in the deed, and
it shall be unnecessary to enumerate or mention them generally or specifically.

47-1-35. [Conveyance or mortgage to joi nt tenants.]

 In a conveyance or mortgage of real estate, the designation of two or more g rantees "as joint tenants”
shall be construed to mean that the conveyance is to the grantees as joint tenants, and not as tenants in
common, and to the survivor of them and the heirs and assigns of the survivor.

47-1-36. Joint tenancies defined; creati on.

  A joint tenancy in real property is one owned by two or more persons, each owning the whole and an
equal undivided share, by a title created by a single devise or conveyance, when expressly declared in the
will or conveyance to be a joint tenancy, or by conveyance from a sole owner to himself and others, or
fro m tenants in common to themselves, or to themselves and others, or fro m husband and wife when
holding as community property or otherwise to themselves or to themselves and others, when expressly
declared in the conveyance to be a joint tenancy, or when granted or devised to executors or trustees.

47-1-37. [Effect of warranty covenants in conveyances.]

  In a conveyance of real estate the words, "warranty covenants" shall have the full force, meaning and
effect of the fo llo wing words: 'the grantor for h imself, his heirs, executors, administrators and successors,
covenants with the grantee, his heirs, successors and assigns, that he is lawfu lly seized in fee simp le o f the
granted premises; that they are free fro m all fo rmer and other grants, bargains, sales, taxes, assessments and
encumbrances of what kind and nature soever; that he has good right to sell and convey the same; and that




                                                       87
he will, and his heirs, executors, administrators and successors shall warrant and defend the same to the
grantee and his heirs, successors and assigns forever against the lawful claims and demands of all persons."

47-1-38. [Effect of s pecial warranty covenants in conveyances.]

  In a conveyance of real estate the words 'special warranty covenants" shall have the full force, meaning
and effect of the following words: “the grantor for himself, h is heirs, executors, admin istrators and
successors, covenants with the grantee, his heirs, successors and assigns that the granted premises are free
fro m all enucumbrances [encumbrances] made by the grantor, and that he will, and his heirs, executors,
administrators and successors shall warrant and defend the same to the grantee and his heirs, successors and
assigns forever against the lawfu l claims and demands of all persons claiming by, through or under the
grantor, but against none other.”

47-1-39. [Mortgage or deed of trust provisions; effect.]

  A deed in substance following the forms entitled " mortgage” or “deed of trust" shall when duly executed
have the force and effect of a mortgage or deed of trust by way of mortgage to the use of the mortgagee and
his heirs and assigns with mortgage covenants and upon statutory mortgage condition as defined in the
following two sections to secure the payment of the money or the performance of any obligation therein
specified. The part ies may insert in such mortgage any other lawful agreement or condition.

47-1-40. [Constructi on of "mortgage covenants".]

   In a mo rtgage or deed of trust by way of mortgage of real estate “mortgage covenants” shall have the full
force and meaning and effect of the fo llo wing words and shall be applied and construed accordingly: “the
mortgagor for himself, h is heirs, executors, ad min istrators and successors, covenants with the mortgagee
and his heirs, successors and assigns that he is lawfu lly seized in fee simp le o f the granted premises; that
they are free fro m an encu mbrances; that the mortgagor has good right to sell and convey the same; and
that he will, and his heirs, executors, ad min istrators and successors shall, warrant and defend the same to
the mortgagee and his heirs, successors and assigns forever against the lawful claims and demands of all
persons.”

47-1-41. Constructi on of "statutory mortgage conditi on.”

   In a mo rtgage or deed of trust by way of mortgage of real estate the words, “statutory mortgage
condition” shall have the full force, meaning and effect of the fo llo wing words and shall be applied a nd
construed accordingly: “in the event any of the following terms, conditions or obligations are broken by the
mortgagor, this mortgage (or deed of t rust) shall thereupon at the option of the mortgagee, be subject to
foreclosure and the premises may be sold in the manner and form provided by law, and the proceeds arising
fro m the sale thereof shall be applied to the payment of all indebtedness of every kind owing to the
mortgagee by virtue of the terms of this mortgage or by virtue of the terms of the obligation or obligations
secured hereby:
      A. mortgagor shall pay or perform to mortgagee or his executors, administrators, successors or assigns
all amounts and obligations as provided in the obligation secured hereby and in the manner, form, and at
the time or t imes provided in the obligation or in any extension thereof-,
      B. mo rtgagor shall perform the conditions of any prior mortgage, encumb rance, condition or covenant;
      C. mo rtgagor shall pay when due and payable all taxes, charges, an d assessments to whomsoever and
whenever laid or assessed upon the mortgaged premises or on any interest therein;
      D. mortgagor shall, during the continuance of the indebtedness secured hereby keep all build ings on
the mortgaged premises in good repair and shall not commit or suffer any strip or waste of the mortgaged
premises;
      E. mortgagor shall pay when due all state and federal grazing lease fees; and
      F. mortgagor shall keep the buildings on the mortgaged premises insured in the su m specified and
against the hazards specified in the mortgage for the benefit of the mortgagee and his executors,
administrators, successors and assigns. The insurance shall be in such form and in such insurance
companies as the mortgagee shall approve. Mortgagor shall deliver the policy or policies to the mortgagee



                                                      88
and at least two days prior to the expirat ion of any policy on the premises shall deliver to mortgagee a new
and sufficient policy to take the place of the one so expiring. In the event of th e failure or refusal of the
mortgagor to keep in repair the buildings on the mortgaged premises; or to keep the premises insured, or to
deliver the policies of insurance, as provided; or to pay taxes and assessments, or to perform the conditions
of any prior mo rtgage, encumbrance, covenant or condition, or to pay state and federal grazing lease fees,
the mortgagee and its executors, ad min istrators, successors or assigns may, at h is option, make such
repairs, or p rocure such insurance, or pay such taxes or assessments, or pay such state and federal grazing
lease fees, or perform such conditions and all monies thus paid or expenses thus incurred shall be payable
by the mortgagor on demand and shall be so much additional indebtedness secured by the mortgage."

47-1-42. [Sheriff designated as successor trustee.]

  It shall be unnecessary to recite in any deed of trust given by way of mo rtgage that in the case of the
resignation, refusal, failure or inability of the trustee named therein at any time to act, the then acting
sheriff of the county in which said real estate is situate shall be successor trustee with like powers to those
of the named trustee; but the same shall be implied in any such deed of trust unless a contrary intention
appears therefro m.

47-1-43. [Verb "assign" sufficient to transfer interest.]

 In an assignment of a mo rtgage or deed of trust by way of mortgage of real estate the word "assign” shall
be a sufficient word to transfer the mo rtgage or the beneficial interest under deed of trust, without the
words, "transfer and set over."

47-1-44. Conveyancing forms.

                        (1) WARRANTY DEED

  ............... for consideration paid, grant………. to……….. whose address is
................... the following described real estate in …………county, New Mexico:

                            (description)

with warranty covenants.

Witness ………. hand ……….. and seal ……… this ………day of 19…….
                                                 ............... (Seal)

                      (Here add acknowledg ment(s))

                (2) WARRANTY DEED (JOINT TENANTS)

  ................ , for consideration paid, grant ……….to ………… whose ad dress is
............ , and ……….., whose address is ……………..as joint tenants the following
[described] real estate in …………….county, New Mexico:

                            (description)

with warranty covenants.
Witness ………. hand ……….. and seal ……… this ………day of 19…….
                                                 ............... (Seal)

                      (Here add acknowledg ment(s))




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                        (3) QUITCLAIM DEED

………….., for consideration paid, quitclaim …………….to …………..,whose
address is ............... , the following described real estate in ……….. county, New Mexico:

                         (description)

   Witness ………. hand ……….. and seal ……… this ………day of 19…….
                                                 ............... (Seal)

                             (Here add acknowledgment(s))

                      (4) QUITCLA IM DEED (JOINT TENA NTS)

    ................. for consideration paid quitclaim ……….. to …………..whose address is
 ................. and ………. whose address is ………… as jo int tenants the following describ ed
  real estate in .………… county, New Mexico :

                                     (description)

Witness ………. hand ……….. and seal ……… this ………day of 19…….
                                                 ............... (Seal)

                            (Here add acknowledg ment(s))

                           (5) SPECIA L WA RRA NTY DEED

    ................ I for consideration paid, grant ………… to …………… whose address is
 ................. the fo llowing described real estate in ………….. county, New Mexico:

                                     (description)

with special warranty covenants.
Witness ………. hand ……….. and seal ……… this ………day of 19…….
                                                 ............... (Seal)

                            (Here add acknowledg ment(s))

                                   (6) MORTGA GE

    ................. for consideration paid, grant …………… to ……………… whose address is
 ................. the fo llowing described real estate in…………… county, New Mexico:

                                    (description)

 with mo rtgage covenants.
    Th is mo rtgage secures the performance of the fo llo wing obligation:
                 (Here attach copy of or summarize note or other obligation)
 and is upon the statutory mortgage condition for the breach of wh ich it is subject to
foreclosure as provided by law. The amount specified fo r insurance as provided in the
 statutory mortgage condition is $……….. and the hazard ………. to be insured against
 ...............
 fire ……
Witness ………. hand ……….. and seal ……… this ………day of 19…….
                                                                    ............... (Seal)
                             (Here add acknowledg ment(s))



                                                      90
                               (7) DEED OF TRUST

    ................ , for consideration paid, grant ……….. to ………… whose address is
 ................. as trustee for ………….. whose address is …………, beneficiary, the fo llo wing
 described real estate in ……………… county, New Mexico :

                                    (description)

 with mo rtgage covenants.
    Th is deed of trust secures the performance of the following obligation:
             (Here attach copy of or summarize note or other obligat ion)
and is upon the statutory mortgage condition for the breach of which it is subject to
foreclosure as provided by law. The amount specified fo r insurance as provided in the
statutory mortgage condition is $….. and the hazard ………… to be insured against
.......... fire ……….
Witness ………. hand ……….. and seal ……… this ………day of 19…….
                                                                     ............... (Seal)

                            (Here add acknowledg ments))

                           (8) RELEA SE OF MORTGA GE

   .............., mortgagee …………… under a certain mortgage executed by ……….
on the …… day of ……., 19…. and recorded in Book …… page ….. o f the records
of ………… county, New Mexico, do hereby discharge all o f the real estate
 mentioned in said mortgage fro m the lien and operation thereof
Witness ………. hand ……….. and seal ……… this ………day of 19…….
                                                                 ............... (Seal)

                            (Here add acknowledg ments))

                       (9) PA RTIA L RELEASE OF MORTGADE

    ................ , mo rtgagee …………….. under a certain mortgage executed by ………..
 on the ……. day of ………., 19 and recorded in Book ….. page ….. of the records
 of ………… county, New Mexico, do hereby discharge the following portion
 only of the real estate described in said mortgage:
                                          (description)
fro m the lien and operation thereof.
Witness ………. hand ……….. and seal ……… this ………day of 19…….
                                                                 ............... (Seal)
                                  (Here add acknowledg ments))

                        (10) RELEA SE OF DEED OF TRUST

   .............. I trustee under a certain deed of trust executed by …………….. on the ……..
day of ……….., 19…. and recorded in Book …… page …… of the records of …………..
county, New Mexico, does hereby, at the written request of the beneficiary of said deed of
trust, discharge all of the real estate mentioned in said deed of trust from the lien and
operation thereof.
Witness ………. hand ……….. and seal ……… this ………day of 19…….
                                                                       ............... (Seal)

                            (Here add acknowledg ments))




                                                      91
                    (11) PA RTIA L RELEASE OF DEED OF TRUST

     ................ trustee under a certain deed of trust executed by ……… on the
 .......... day of ……, 19…. and recorded in Book ….. page ……. of the records of
 ............... county, New Mexico does hereby, at the written request of the beneficiary of
 said deed of trust discharge the following portion only of the real estate described in said
 deed of trust,

                                     (description)

fro m the lien and operation thereof.
Witness ………. hand ……….. and seal ……… this ………day of 19…….
                                                 ............... (Seal)

                             (Here add acknowledg ments)

                          (12) ASSIGNM ENT OF MORTGA GE

    ................ , holder …………. o f a mo rtgage fro m …….. to …………. dated
 ............... and recorded in Book …… page …… of the records of ……… county, New
 Mexico, hereby assign said mortgage and the obligation secured thereby to [ ............... ],
whose address is ………………….
Witness ………. hand ……….. and seal ……… this ………day of 19…….
                                                                   ............... (Seal)

                             (Here add acknowledg ments)

                       (13) ASSIGNM ENT OF DEED OF TRUST

  ................., beneficiary …………….. of a deed of trust fro m ………… to …………..
trustee for the undersigned dated …………… and recorded in Book …… page …… of the
records of ……………….. county, New Mexico, hereby assign the beneficial
interest under said deed of trust and the obligation secured thereby to whose
address is ……………………….
Witness ………. hand ……….. and seal ……… this ………day of 19…….
                                                                   ............... (Seal)

                             (Here add acknowledg ments))

47-1-45. [Real estate brokerage agreements required to be in writing.]

  Any agree ment entered into subsequent to the first day of July, 1949, authorizing or emp loying an agent
or broker to purchase or sell lands, tenements or hereditaments or any interest in or concerning them, for a
commission or other compensation, shall be void unless the agreement, or some memo randum or note
thereof shall be in writing and signed by the person to be charged therewith, or some other person thereunto
by him lawfu lly authorized. No such agreement or emp loy ment shall be considered exclusive unless
specifically so stated therein.

47-1-46. [Real estate descripti ons by reference to recorded instruments.]

  Any deed, mortgage, pleading in court or other instrument affect ing real estate may describe such real
estate by reference to the description thereof contained in or shown by one or more maps, plats,
descriptions, deeds, mortgages or other instruments of record in the office o f the county clerk of the county
in wh ich the affected real estate is located, and such instrument containing such description or descriptions
by reference shall be legally sufficient for all purposes to the same extent as if the description or
descriptions referred to therein had been fully set forth therein; provided, that the instrument containing any



                                                       92
such description by reference must show the time and place of filing or recordation of the instrument
containing the description referred to, o r other similar informat ion, so that said instrument containing the
description referred to can be located and identified.

47-1-47. [Recover y of realty donated to state or municipality for s pecific purposes.]

  Whenever real estate has been deeded to the state of New Mexico or any municipality thereof as a gift or
donation, and without payment by the state or municipality of any money consid eration, said real estate to
be used for a specific purpose, and said real estate has not been used for the specific purpose for wh ich it
was conveyed, for a period of five years fro m the date of the original deed, or for a period of five years next
preceding the time of the filing of the action herein provided for, it shall be lawfu l for the donor or donors,
or their successors in interest, to institute an action in state district court of the county in which said real
estate is situate, against the state of New Mexico or said mun icipality, for the recovery of said real estate by
said donors or their successors in interest, or for the cancellation of said deed or deeds whereby the state or
municipality took tit le, and if the court shall determine that said real estate has not been used for the
specific purpose for which it was donated as hereinbefore provided, it shall render judg ment decreeing
ownership of said real estate in the donors or their successors in interest, or for cancellation of the deeds to
said state or municipality.

47-1-48. [Rules applicable; service of process.]

  Such an action as provided for in Section 1 [47-1-47 NMSA 1978] hereof shall be governed by the rules
of pleading, practice and procedure applying to civil actions. Serv ice of process therein shall be made upon
the attorney general of the state of New Mexico for the state of New Mexico, and upon the mayor of the
municipality for the municipality, as the case may be.

47-1-49. New Mexico coordinate system; zones.

  The system of plane coordinates which has been established by the national ocean survey and national
geodetic survey for defining and stating the positions or locations of points on the surface of the earth
within the state of New Mexico shall be known and designated as the “New Mexico coordinate system".
As used in Section 47-1-49 through 47-1-56 NMSA 1978, the term 'New Mexico coordinate system'
includes both the New Mexico coordinate system of 1927 and the New Mexico coordinate system of 1983.
  Fo r the purpose of the use of this system, the state is divided into an “east zone”, “central zone" and a
“west zone".
  The area now included in the following counties shall constitute the east zone: Chaves, Colfax, Curry,
DeBaca, Eddy, Guadalupe, Hard ing, Lea, Mora, Quay, Roosevelt, San Miguel and Union.
  The area now included in the fo llo wing counties shall constitute the central zone: Bemalillo, Dona Ana,
Lincoln, Otero, Rio Arriba, Sandoval, Santa Fe, Los Alaznos, Socorro, Taos, Torrance and Valencia.
  The area now included in the fo llo wing counties shall constitute the west zone: Catron, Cibola, Grant,
Hidalgo, Luna, McKinley, San Juan and Sierra.

47-1-50. Zone designations.

  As established for use in the east zone, the New Mexico coordinate system shall be named and in any
land description in wh ich it is used it shall be designated the "New Mexico coordinate system of 1927, east
zone” or the “New Mexico coordinate system of 1983, east zone".
  As established for use in the central zone, the New Mexico coordinate system shall be named and in any
land description in wh ich it is used it shall be designated the “New Mexico coordinate system of 1927,
central zone" or the "New Mexico coordinate system of 1983, central zone.”
  As established for use in the west zone, the New Mexico coordinate system shall be named and in any
land description in wh ich it is used it shall be designated the “New Mexico coordinate system of 1927, west
zone (zone”] or the "New Mexico coordinate system of 1983, west zone.”




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47-1-51. Plane coordinates, x and y; definiti on.

  The p lane coordinates of a point on the earth's surface, to be used in expressing the position or location
of the point in the appropriate zone of this system, shall consist of two distances, exp ressed in fe et and
decimals of a foot when using the New Mexico coordinate system of 1927 and exp ressed in meters and
decimals of a meter when using the New Mexico coordinate system of 1983. One of these distances, to be
known as the “x-coordinate”, shall g ive the position in an east-and-west direction; the other, to be known as
the "y-coordinate”, shall give the position in a north-and-south direction. These coordinates shall be made
to depend upon and conform to the coordinates, on the New Mexico coordinate system, o f the horizontal
control stations of the national ocean survey and national geodetic survey within the state, as those
coordinates have been determined by the survey. The length of one foot expressed in meters is equal to
1200 div ided by 3937 exactly.

47-1-52. Descripti on of land located in more than one zone.

  When any tract of land to be defined by a single description extends fro m one into another of the
coordinate zones as provided in Section 47-1-49 NMSA 1978, the positions of all points on its boundaries
may be referred to either of the zones; the zone which is used shall be specifically named in the description.

47-1-53. Defini tion of coordi nate system accordi ng to U.S. coast and geodetic survey [nati onal ocean
survey and national geodetic survey].

  A. For purposes of more precisely defin ing the New Mexico coordinate system, the following definition
by the national ocean survey and national geodetic survey is adopted:         (1) the New Mexico coordinate
system, east zone, is a transverse mercator pro jection having a central meridian 1040 20' west of
Greenwich, on wh ich merid ian the scale is set at one part in 11,000 too small. The origin o f coordinates is
at the intersection of the meridian 1040 20' west of Greenwich and the parallel 310 00' north latitude;
      (2) the New Mexico coordinate system, central zone, is a transverse mercator pro jection having a
central meridian 1060 15' west of Green wich, on which meridian the scale is set at one part in 10,000 too
small. The origin of coordinates is at the intersection of the merid ian 1060 15' west of Greenwich and the
parallel 310 00' north latitude;
      (3) the New Mexico coordinate system, west zone, is a transverse mercator p rojection having a central
merid ian 1070 50' west of Greenwich, on wh ich meridian the scale is set at one part in 12,000 too small.
The origin of coordinates is at the intersection of the merid ian 107 0 50' west of Greenwich and the parallel
310 00' north lat itude; and
      (4) the origin for each zone is as signed the coordinates: x = 500,000 feet and y = 0 feet for the New
Mexico coordinate system of 1927. The orig in for the east zone is assigned to the coordinates: x = 165,000
meters and y = 0 meters, for the central zone x = 500,000 meters and y = 0 meters and for the west zone x =
830,000 meters and y = 0 meters for the New Mexico coordinate system of 1983.
  B. The position of the New Mexico coordinate system shall be as marked on the ground by horizontal
control stations established in conformity with standards adopted by the national ocean survey and national
geodetic survey for first-order, second-order and third-order work, whose geodetic positions have been
rig idly adjusted on the North American datum of 1927 or of 1983, and whose coordinates have b een
computed on the system defined in this section. Any such station may be used for establishing a survey
connection with the New Mexico coordinate system.

47-1-54. Recordation of l and description based on coordinate system; limitation.

   No coordinates based on the New Mexico coordinate system, purporting to define the position of a point
on a land boundary, shall be presented to be recorded in any public land records or deed records unless
such point is within eight kilo meters of a monumented horizo ntal control station established by and for and
for which coordinate data has been Published by an agency of the state of New Mexico or a political
subdivision of the state or established in conformity with the standards of accuracy and specifications for
first-, second- or third- order geodetic surveying as prepared and published by the federal geodetic control
committee of the Un ited States department of commerce. Standards and specifications of the federal
geodetic control co mmittee or its successor in force on the date of the geodetic survey shall apply. The



                                                     94
publication of the existing control stations, or the acceptance with intent to publish the newly established
control stations by the national ocean survey and national geodetic survey, shall constitute evidence of
adherence to the federal geodetic control co mmittee's specifications. The limitations of this section may be
further modified by the secretary of highway and transportation.

47-1-55. [Use on maps, reports of survey or other documents.]

  The use of the term 'New Mexico coordinate system' on any map, report of survey or other document,
shall be limited to coordinates based on the New Mexico coordinate system as defined.

47-1-56. Use of coordinate system.

   For the purpose of describing the location of any survey station or land boundary comer in the state of
New Mexico, it shall be considered a comp lete, legal and satisfactory description of such location to give
the position of said survey state or land boundary corner on the system of coordinates defined in Sections
47-1-49 through 47-1-56 NMSA 1978.
   Nothing contained in those sections shall require a purchaser or mortgagee of real property to rely
wholly on a land description, any part of wh ich depends exclusively upon the New Mexico coordinate
system.
  Where conflicts arise in the location of a co mer or other boundary element when such comer or element's
location is described in both the conventional system and the New Mexico coordinate system, the
description providing the most certain location shall be used.


                                    CHAPTER 47 – PROPERTY LAW
                                        Article 3 – Solar Rights

Sec.                                                  Sec.
47-3-1.   Short t itle.                               47-3-8. Method of claiming-, effect; limitations.
47-3-2.   Declarat ion and findings.                  47-3-9. Recordation; effect of failure to record;
47-3-3.   Definitions.                                        contest.
47-3-4.   Declarat ion of solar rights.               47-3-10. Transfer.
47-3-5.   Prio r rights unaffected.                   47-3-11. Local authority.
47-3-6.   Short t itle.                               47-3-12. Indexing.
47-3-7.   Legislat ive findings and declaration.

47-3-1. Short title.

  Th is act [47-3-1 to 47-3-5 NMSA 1978] may be cited as the “Solar Rights Act.”

47-3-2. Declarati on and findi ngs.

  The legislature declares that the state of New Mexico recognizes that economic benefits can be derived
for the people of the state from the use of solar energy. Operations, research, experimentation and
development in the field of solar energy use shall therefore be encouraged. While recognizing the value of
research and development of solar energy use techniques and devices by governmental agencies, the
legislature finds and declares that the actual construction and use of solar devices, whether at public or
private expense, is properly a co mmercial act ivity wh ich the law should encourage to be carried out,
whenever practicable, by private enterprise.

47-3-3. Definitions.

  As used in the Solar Rights Act [47-3-1 to 47-3-5 NMSA 1978]:
     A. "solar collector' means any device or co mbination of devices or elements which rely upon sunshine
as an energy source, and which are capable of collecting not less than twenty -five thousand Btu's on a clear
winter solstice day. The term also includes any substance or device which collects solar energy for use in:



                                                     95
         (1) the heating or cooling of a structure or building;
         (2) the heating or pumping o water;
         (3) industrial, co mmercial or agricultural processes; or
         (4) the generation of electricity.
 A solar collector may be used for purposes in addition to the collection of solar energy. These uses
include, but are not limited to, serving as a structural member or part of a roof of a building or structure and
serving as a window or wall; and
      B. “solar right” means a right to an unobstructed line-of-sight path fro m a solar collector to the sun,
which permits radiation fro m the sun to impinge direct ly on the solar collector.

47-3-4. Declarati on of solar rights.

   A. The leg islature declares that the right to use the natural resource of solar energy is a property right, the
exercise of which is to be encouraged and regulated by the laws of this state. Such property right shall be
known as a solar right.
   B. The fo llowing concepts shall be applicab le to the regulation of disputes over the use of solar energy
where practicab le:
      (1) “beneficial use." Beneficial use shall be the basis, the measure and the limit of the solar right,
except as otherwise provided by written contract. If the amount of solar energy wh ich a solar co llector user
can beneficially use varies with the season of the year, then the extent of the solar right shall vary likewise;
      (2) "prior appropriation." In disputes involving solar rights, priority in time shall have the better rig ht
except that the state and its political subdivisions may legislate, or o rdain that a solar collector user has a
solar right even though a structure or build ing located on neighborhood property blocks the sunshine from
the proposed solar collector site. Nothing in this paragraph shall be construed to dimin ish in any way the
right of eminent domain of the state or any of its political subdivisions or any other entity that currently has
such a right; and
      (3) "transferability." Solar rights shall be freely t ransferable within the bounds of such regulation as
the legislature may impose. The transfer of a solar right shall be recorded in accordance with Chapter 14,
Article 9 NMSA 1978.
   C. Unless a singular overriding state concerns occur which significantly affect the health and welfare of
the citizens of this state, permit systems for the use and application of solar energy shall reside with county
and municipal zoning authorities.

47-3-5. Prior rights unaffected.

  Nothing in the So lar Rights Act [47-3-1 to 47-3-5 NMSA 1978) shall be construed to alter, amend, deny,
impair or modify any solar right, lease, easement or contract right wh ich has vested prior to the effective
date of the Solar Rights Act.

47-3-6. Short title.

  Th is act [47-3-6 to 47-3-12 NMSA 1978] may be cited as the "Solar Recordation Act.”

47-3-7. Legislati ve findi ngs and declarati on.

  The legislature finds that in view of the present energy crisis, all renewab le energy sources must be
encouraged for the benefit of the state as a whole. The legislature further finds that solar energy is a viable
energy source in New Mexico, and as such, its development should be encouraged. Since solar energy may
be used in small-scale installat ions and one of the ways to accomplis h such encouragement is by protection
of rights necessary for small-scale installat ions, the legislature declares such protection to be the purpose of
the Solar Recordation Act [47-3-6 to 47-3-12 NMSA 1978], and necessary to the public interest.

47-3-8. Method of clai ming; effect; li mitati ons.

  A solar right may be claimed by an owner of real property upon which a solar collector, as defined in
Subsection A of Section 47-3-3 NMSA 1978, has been placed. Once vested, the right shall be enforceable



                                                        96
against any person who constructs or plans to construct any structure, in vio lation of the terms of the So lar
Rights Act [47-3-1 to 47-3-5 NM SA 1978] or the Solar Recordation Act [47-3-6 to 47-3-12 NMSA 1978].
A solar right shall be considered an easement appurtenant, and a suit to enforce a solar right may be
brought at law o r in equity. The solar right shall be subject to the provisions of the Solar Recordation Act
and the Solar Rights Act.

47-3-9. Recordati on; effect of failure to record; contest.

  A. Any person claiming a solar right shall record that right by filing a declarat ion in substantially the
following form with the county clerk of each county in which is located any portion of the properties
burdened by a solar right or any portion of the properties on which a solar right is claimed:

                         SOLAR RIGHT DECLARATION

  ........ , owner of the real property described below, claims a solar right in favor of the
 following described real estate in .......... county, New Mexico:

(Description either by metes and bounds, if in a platted subdivision, by lot and block subdivision name,
by middle Rio Grande conservancy district tract number or other adequate legal description.)

  The following named persons have each received notification by certified mail ev idenced by a return
receipt signed by the named person, or if the address of any person was not known and could not be
ascertained by reasonable diligence, or if a return receipt signed by the named person could not be
obtained, then notification to that person shall be made by publicat ion of a copy of this declaration, with the
intended date of filing, at least once a week for two consecutive weeks in a newspaper of general
circulat ion in the county in which the property for which the solar right is being claimed is located, the last
publication of wh ich was no less than ten days prior to the filing of this declaration:
    (A listing of the names of the holders as shown in the records of the county clerk of an y interest in
property burdened by a claimed solar right, including owners, mo rtgagors, mortgagees, lessors, lessees,
contract purchasers and contract owners or sellers, and a description, either by metes and bounds if in a
platted subdivision, by lot and block and subdivision name, by middle Rio Grande conservancy district
tract number or other adequate legal description, of that burdened property.)
    The claimant has placed improvements on the land in the form of a solar collector, as shown by the
attached survey or plot plan setting forth distances from lot lines and height from ground level of all solar
collectors entitled to be recorded under the provisions of the Solar Recordation Act, Chapter Art icle ....
NMSA 1978 and setting forth the maximu m height of a theoretical fence located at the property lines of the
property on which the solar collector is located which will not interfere with the solar easement.
    Notice is hereby given that by virtue of the Solar Recordation Act, Chapter … Art icle ..... NMSA 1978,
the holders of any interest in property described above as having been mailed notice must record a
declaration, with the county clerk in each county in which solar right recordation has been filed, contesting
the claimed solar right within sixty days, or the solar right shall be fully vested. Witness ………….. hand
and seal this ……… day of ............. 19……
                                .............................................................................
                                                  (here add acknowledg ment).
    B. Any person desiring to claim a solar right must record that right and give notice to affected property
owners as provided in the Solar Recordation Act [47-3-6 to 47-3-12 NM SA 1978] as a necessary condition
precedent to enforcing a solar right. Failure to so record and give notice shall constitute a jurisdictional
defect and deprive any court of subject matter jurisdiction to enforce the solar right. However, nothing in
this subsection shall apply to any solar right, lease, easement or contract right wh ich has vested prior to the
effective date of this subsection.
    C. Any person who receives notice of the recordation may, within sixty days after receiving notice, f ile a
declaration contesting the right, in the same manner and at the same place as the recordation was filed. If a
declaration is filed contesting the claimed solar right, then the solar right shall not be enforceable against
the property covered by the declaration unless agreed to by contract or ordered by a court of competent
jurisdiction, and any claim of a solar right shall exp ire one year fro m the date of declaration unless the




                                                        97
parties agree by contract to settle the solar rights dispute or unless co urt action has commenced by that date
to establish the claim of the solar right.

47-3-10. Transfer.

    Un less the document of conveyance otherwise specifies, upon the transfer of any realty on which a solar
right exists or upon the transfer of any realty benefited by a filed declarat ion contesting a solar right, that
solar right or declaration contesting the solar right shall be transferred with the realty and shall be
enforceable by the vendee in the same manner and to the same extent to wh ich it was e nforceable by the
vendor. A solar right is appurtenant to the real property upon which the solar collector is situated. Nothing
in this section shall be construed to prevent a person from agreeing to relinquish a solar right or a potential
solar right. Nothing in this section shall affect any transfer of solar rights made prior to the effective date
of the Solar Recordation Act [47-3-6 to 47-3-12 NMSA 1978] pursuant to Paragraph (3) of Subsection B of
Section 47-3-4 NMSA 1978 or any local solar rights ordinance.

47-3-11. Local authority.

   A. Notwithstanding any other provisions of the Solar Recordation Act [47-3-6 to 47-3-12 NMSA 1978]
or the Solar Rights Act [47-3-1 to 47-3-5 NMSA 19783, the governing body of a county or municipality
may by ordinance regulate in whole or in part the claiming of solar rights in accordance with its powers to
regulate zoning, p lanning and platting, and subdivisions; except that any solar right claimed pursuant to
such local ord inance shall vest with respect to any property benefited or burdened by the solar right only
after recordation as provided in Section 4 [47-3-9 NMSA 1978] of the So lar Recordation Act. Such local
regulation shall not affect any solar right vested before the effective date of such ordinance, nor s hall the
local regulation affect any solar rights transfer which vested prior to the effective date of such ordinance.
In the absence of the local regulat ion of solar rights, the follo wing principles shall apply in addit ion to those
set forth in the Solar Rights Act. If the property burdened by a solar right has or could have improvements
constructed to a maximu m height of twenty-four feet, then the solar right shall be limited, as to that
burdened property, to protecting an unobstructed line-of-sight path fro m the solar collector to the sun only
as to obstructions located on the burdened property which cast a shadow greater than the shadow cast by a
hypothetical fence ten feet in height located on the property line of the property on which the solar colle ctor
is located. If the property burdened by a solar right has or could have improvements constructed in excess
of twenty-four feet in height, but no greater than thirty-six feet, then the solar right shall be limited, as to
that burdened property, to protecting an unobstructed line-of-sight path fro m the solar co llector to the sun
only as to obstructions located on the burdened property which cast a shadow greater than the shadow cast
by a hypothetical fence fifteen feet in height located on the property line of the property on which the solar
collector is located. No solar right shall be obtained against property which has or could have
improvements constructed in excess of thirty-six feet in height unless so provided in a local ordinance or
agreed to by contract. Unless otherwise provided by contract or local ord inance, a person may allo w
vegetation to grow or construct or plan to construct any imp rovement wh ich obstructs the protected solar
right so long as such obstruction does not block more than ten percent of the collectible solar energy
between the hours of 9:00 a.m. and 3:00 p.m. Unless otherwise provided by contract or local ord inance,
solar rights shall be protected between 9:00 a.m. and 3:00 p.m. B. Nothing in the So lar Recordation Act
shall be construed to limit any county or municipal ord inances concerning solar rights in effect prior to the
effective date of this section.

47-3-12. Indexing.

   A declaration filed pursuant to Section 4 [47-3-9 NMSA 1978] of the So lar Recordation Act
 shall be indexed by the county clerk in the grartees index under the names of the persons receiving notice
in the declaration and in the grantors index under the name o f the person filing the declaration.




                                                        98
                                    CHAPTER 47 -- PROPERTY LAW
                                     Article 5 -- Subdi visions Generally

 Sec.                                                    Sec.
 47-5-1. Short t itle.                                   47-5-5. Advertising standards.
 47-5-2. Definitions.                                    47-5-6. Fraud; penalty.
 47-5-3. Approval of plat by county commission            47-5-7. Other violat ions; penalty.
         prior to sale.                                  47-5-8. Injunction.
 47-5-4. Conditions affecting use or occupancy           47-5-9 - Application.
         of subdivided land; written disclosure
         prior to sale.

47-5-1. Short title.

 Th is act [47-5-1 to 47-5-8 NMSA 1978] may be cited as the "Land Subdivision Act."

47-5-2. Definitions.

   As used in the Land Subdivision Act [47-5-1 to 47-5-8 NIMSA 1978]:
       A. "subdivided land" and "subdivision" means improved or unimproved land divided, or proposed to
be divided, into twenty-five or more lots or parcels for the purpose of sale or lease, but does not include the
leasing of apart ments, offices, stores or similar space within a build ing unless an undivided interest in the
land is granted as a condition precedent to occupying space within the building and does not include
subdivisions approved by an agency of the United States or by a municipality, and does not include any
subdivision where the primary business of the developer is the construction of home improvements;
      B. "blanket encumbrance" means a trust deed, mo rtgage or any other lien or encu mbrance, includin g
mechanics' liens, securing or evidencing the payment of money or the furn ishing of services or materials
and affecting land to be subdivided or affect ing more than one lot or parcel of subdivided land, or an
agreement affecting more than one lot or parce l by wh ich the owner or subdivider holds the subdivision
under an option, contract to sell or trust agreement. Taxes and assessments levied by public authority are
not included.

47-5-3. [Approval of plat by county commission prior to sale.]

  It shall be unlawfu l to sell, offer to sell, lease or offer to lease to the public subdivided land as defined
hereinabove until a plat of such subdivided land being sold has been approved by the county commission
wherein such land is situate; and
  Until legal access fro m an existing public way and to each lot offered for sale or lease has been dedicated
and accepted by the appropriate county commission.

47-5-4. [Conditions affecting use or occupancy of subdi vi ded l and; written disclosure prior to sale.]

  It shall be unlawful to sell or lease until there has been disclosed in writing to the purchaser or lessee of a
lot or parcel in the subdivided land, the following:
      A. all restrictions or reservations of record which subject the subdivided land to any unusual
conditions affecting its use or occupancy;
      B. the fact that any street or road facilit ies have not been accepted for maintenance by a governmental
agency when such is the case;
      C. availability of public utilit ies in the subdivision including water, electricity, gas and telephone
facilit ies;
      D. if water is available only fro m subterranean sources the average depth of such water within the
subdivision;
      E. the co mplete price and financing terms or rental; and
      F. the existence of blanket encumbrances, if any, on such subdivision unless such blanket
encumbrances provide for a proper release or subordination of said blanket encumbrances to such lot or
parcel.



                                                       99
47-5-5. Advertising standards.

   Brochures, publications and advertising of any form relating to subdivided land shall:
       A. not misrepresent or contain false or misleading statements of fact;
       B. not describe deeds, title insurance or other items included in a transaction as "free," and sh all not
state that any lot or parcel is "free" or g iven as an "award" or "prize" if any consideration is required for any
reason;
       C. not describe lots or parcels available for "closing costs only" or similar terms unless all such costs
are accurately and comp letely itemized or when additional lots must be purchased at a higher price;
       D. not include an asterisk or other reference symbol as a means of contradicting or substantially
changing any statement;
       E. d isclose that individual lots or parcels are not identifiable when such is the case;
       F. if illustrations of the subdivision are used, accurately portray the subdivision in its present state,
and if illustrations are used portraying points of interest outside the subd ivision, state the actual road miles
fro m the subdivision;
       G. not contain artists' conceptions of the subdivision or any facilities within it unless clearly
described as such, and shall not contain maps unless accurately drawn to scale and the sc ale indicated;
       H. not contain references to any facilit ies, points of interest or mun icipalit ies located outside the
subdivision unless the distances from the subdivision are stated in the advertisement in actual road miles.

47-5-6. Fraud; penal ty.

   Any officer, agent or employee of any firm or corporation, or any other person who knowingly
authorizes or assists in the publication, advertising, distribution or circu lation of any false statement or
representation concerning any subdivided land offered for sale or lease, and any person, firm or corporation
who, with knowledge that any written statement relating to the subdivided land is false or fraudulent,
issues, circulates, publishes or distributes it in this state, is guilty of a felony and shall be puinshed
[punished] by imprisonment for not more than five years, or by a fine of not more than one hundred
thousand dollars ($100,000), or both.

47-5-7. Other vi olations; penalty.

  A. It is unlawfu l to:
       (1) willfu lly violate or fail to comp ly with any provisions of the Land Subdivision Act [47-5-1 to 47-
5-8 INMSA 1978]; or
       (2) advertise or publish, or assist in advertising and publishing in this state the sale or lease of any lot
or parcel of subdivided land located in another state, territory or foreign country unless the advertisement or
publication comp lies with the requirements of the Land Subdivision Act with respect to subdivisions
located in this state.
   B. Any person, firm or corporation vio lating any provision of this section is guilty of a misdemeanor and
shall be punisher by a fine of not more than one hundred thousand dollars ($100,000).

47-5-8. [Injunction.]

  Whenever the attorney general of the state of New Mexico or any district attorney of a judic ial district of
the state of New Mexico, after a co mplaint has been filed by any indiv idual alleg ing injury hereunder, o r
upon his own initiative, after investigation made, believes any officer, agent or employee of any firm or
corporation or other person is knowingly vio lating or authorizing violation of any part of this act [47-5-1 to
47-5-8 NMSA 1978], he shall bring an action to enjoin the violat ion in any district court regard less of
whether criminal charges are filed.




                                                       100
47-5-9. Applicati on.

  The Land Subdivision Act [47-5-1 to 47-5-8 NM SA 1978] applies to all subdivisions except where the
subdivision is located within a county for which subdivision regulations have been adopted as provided in
the New Mexico Subdivision Act.


                                     CHAPTER 47 – PROPERTY LAW
                                     ARTICLE 6 -- County Subdi visions

Sec.                                                     Sec.

47-6-1. Short t itle. (Effective Ju ly 1, 1996.)         47-6-17. Disclosure. (Effective Ju ly 1, 1996.)
47-6-2. Definitions. (Effective Ju ly 1. 1996.)          47-6-18. Advertising standards. (Effective Ju ly 1,
47-6-3. Final plat; description. (Effective              47-6-19. Road development. (Effect ive July 1,
         Ju ly 1, 1996.)                                           1996.)
47-6-4. Final plat acknowledg ment: affidavit.           47-6-20. Public agencies required to provide
         (Effect ive July 1, 1996.)                                counties with informat ion.
47-6-5. Dedication for public use; maintenance.                    (Effective Ju ly 1, 1996.)
        (Effective July 1, 1996.)                        47-6-21. Info rmation reports. (Effective July 1,
47-6-6. Filing with county clerk; duties of county                1996.)
        clerk. (Effect ive July 1, 1996.)                47-6-22. Time limit on ad min istrative action.
47-6-7. Vacat ion of plats; approval; duties of                    (Effective Ju ly 1, 1996.)
         county clerk, effect. (Effect ive July 1,       47-6-23. Right of inspection; rescission.
         1996.)                                                    (Effective Ju ly 1, 1996.)
47-6-8. Requirements prior to sale, lease or other       47-6-24. Schedule of co mpliance
         conveyance. (Effect ive July 1, 1996.)          47-6-25. Suspension of right of sale.
47-6-9. Subdivision regulat ion; county authority                  (Effective Ju ly 1, 1996.)
        (Effective July 1, 1996.)                        47-6-25.1. Attorney general; district attorneys;
47-6-10. County subdivision regulations; hearings;                 investigation. (Effect ive July 1, 1996.)
         appeal. (Effective Ju ly 1, 1996.)              47-6-26. In junctive relief; mandamus.
47-6-11. Preliminary p lat approval; summary                       (Effective Ju ly 1, 1996.)
         rev iew. (Effect ive July 1, 1996.)             47-6-27. Criminal penalties. (Effective July 1, 1996.)
47-6-11.1. Exp iration of preliminary plat. (Effective   47-6-27.1. Private remedies. (Effect ive July 1, 1996.)
         Ju ly 1, 1996.)                                 47-6-27.2. Approval necessary for utility connection.
47-6-11.2. Water permit required for final p lat.                  (Effective Ju ly 1, 1996.)
        (Effective July 1, 1996.)                        47-6-28. Use of fees.
47-6-11.3. Approval of final plats. (Effective July 1,   47-6-29. Jurisdiction. (Effect ive July 1, 1996.)
        1996.)
47-6-12, 47-6-13. Repealed.
47-6-14. Public hearings on preliminary plats.
         (Effect ive July 1, 1996.)
47-6-15. Appeals. (Effective Ju ly 1, 1996.)
47-6-16. Succeeding subdivisions . (Effective Ju ly 1,
         1996.)

47-6-1. Short title. (Effecti ve J uly 1, 1998.)

  Chapter 47, Article 6 NMSA 1978 may be cited as the “New Mexico Subdivision Act.’

47-6-2. Definitions. (Effecti ve July 1, 1996.)

 As used in the New Mexico Subdivision Act [this article].
     A "immed iate family member” means a husband, wife, father, stepfather, mother, stepmother, brother,
stepbrother, sister, stepsister, son, stepson, daughter, stepdaughter, grandson, stepgrandson, granddaughter,
stepgranddaughter, nephew and niece, whether related by natural birth or adoption;



                                                     101
      B. "lease" means to lease or offer to lease land;
      C. "parcel” means land capable of being described by location and boundaries and not dedicated for
public or co mmon use;
      D. "person" means any individual, estate, trust, receiver, cooperative association, club, corporation,
company, firm, partnership, joint venture, syndicate or other entity;
      E. "final plat” means a map, chart, survey, plan or replat certified by a licensed, registered land
surveyor containing a description of the subdivided land with ties to permanent monu ments prepared in a
form suitable for filing of record;
      R "preliminary plat” means a map of a proposed subdivision showing the character and proposed
layout of the subdivision and the existing conditions in and around it, and need not be based upon an
accurate and detailed survey of the land;
      G. "sell” means to sell or offer to sell land;
      H. "subdivide” means to divide a surface area of land into a subdivision;
      I. "subdivider" means any person who creates or who has created a subdivision individually or as part
of a co mmon pro motional p lan or any person. engaged in the sale, lease or other conveyance of subdivided
land; however, “subdivider” does not include any duly licensed real estate broker or salesperson acting on
another's account;
      J. "subdivision" means the division of a surface area of land, including land within a previously
approved subdivision, into two or mo re parcels for the purpose of sale, lease or other conveyance or for
building development, whether immediate or future; but "subdivision” does not include:
         (1) the sale, lease or other conveyance of any parcel that is th irty-five acres or larger in size within
any twelve-month period, provided that the land has been used primarily and continuously for agricultural
purposes, in accordance with Section 7-36-20 NMSA 1978, for the preceding three years;
         (2) the sale or lease of apart ments, offices, stores or similar space within a build ing;
         (3) the division of land within the boundaries of a municipality;
         (4) the division of land in which only gas, oil, mineral or water rights are severed from the surface
ownership of the land;
         (5) the division of land created by court order where the order creates no more than one parcel per
party;
         (6) the division of land for grazing or farming activit ies provided the land continues to be used for
grazing or farming activities;
         (7) the division of land resulting only in the alteration of parcel boundaries where parcels are altered
for the purpose of increasing or reducing the size of contiguous parcels and where the number of parcels is
not increased;
         (8) the division of land to create burial plots in a cemetery;
         (9) the division of land to create a parcel that is sold or donated as a gift to an immed iate family
member, however, this exception shall be limited to allo w the seller or donor to sell or give no more than
one parcel per tract of land per immed iate family member;
         (10) the division of land created to provide security for mortgages, liens or deeds of trust; provided
that the division of land is not the result of a seller-financed transaction;
         (11) the sale, lease or other conveyance of land that creates no parcel smaller than one hundred forty
acres;
         (12) the division of land to create a parcel that is donated to any trust or nonprofit corporation
granted an exemption fro m federal inco me tax, as described in Section 501 (c)(3) of the United States
Internal Revenue Code of 1986, as amended; school, college or other institution with a defined curriculu m
and a student body and faculty that conducts classes on a regular basis; or to any church or group organized
for the purpose of divine worship, religious teaching or other specifically relig ious activity; or
         (13) the sale, lease or other conveyance of a single parcel fro m a t ract of land, except fro m a tract
within a previously approved subdivision, within any five-year period; provided that a second or
subsequent sale, lease or other conveyance from the same tract of land within five years of the firs t sale,
lease or other conveyance shall be subject to the provisions of the New Mexico Subdiv ision Act; provided
further that a survey shall be filed with the county clerk indicat ing the five-year ho lding period fo r both the
original tract and the newly created tract.
     K “terrain management" means the control of floods, drainage and erosion and measures required for
adapting proposed development to existing soil characteristics and topography,




                                                       102
    L. “time of purchase, lease or other conveyance” means the time of signing any document obligating
the person signing the document to purchase, lease or otherwise acquire a legal interest in land;
    M . “co mmon pro motional p lan” means any plan or scheme of operation, undertaken by a single
subdivider or a group of subdividers acting in concert, to offer for sale or lease parcels of land where such
land is either contiguous or part of the same area of land or is known, designated or advertised as a
common unit or by a common name;
    N. "type-one subdivision” means any subdivision containing five hundred or more parcels, any one of
which is less than ten acres in size;
    0. “type-two subdivision” means any subdivision containing not fewer than twenty -five but not more
than four hundred ninety-nine parcels, any one of which is less than ten acres in size;
    R "type-three subdivision” means any subdivision containing not more than twenty -four parcels, any
one of which is less than ten acres in size;
    Q. “type-four subdivision” means any subdivision containing twenty-five or mo re parcels, each of
which is ten acres or more in size; and
    R. “type-five subdivision” means any subdivision containing not more than twenty -four parcels, each
of which is ten acres or more in size.

47-6-3. Final plat; description. (Effecti ve Jul y 1, 1996.)

 A. Any person desiring to subdivide land shall have a final p lat of the proposed subdivision certified by a
surveyor registered in New Mexico. The final plat shall:
     (1) define the subdivision and all roads by reference to permanent monuments;
     (2) accurately describe legal access to, roads to and utility easements for each parcel, and if the access
or easements are based upon an agreement, the recording data in the land records for the ag ree7wnt;
     (3) number each parcel in progression, give its dimensions and the dimensions of all land dedicated for
public use or for the use of the owners of parcels fronting or adjacent to the land; and
     (4) delineate those portions of the subdivision that are located in a flood plain.
  B. Descriptions of parcels by number and plat designation are valid in conveyances and valid for the
purpose of taxat ion.

47-6-4. Final plat acknowledg ment; affi davit. (Effecti ve Jul y 1, 1996.)

  Every final plat shall contain a statement that the land being subdivided is subdivided in accordance with
the final p lat. The final p lat shall be acknowledged by the owner and subdivider or their authorized agents -
in the manner required for the acknowledg ment of deeds. Every final p lat submitted to the county clerk
shall be accompanied by an affidavit of the owner and subdivider or their authorized agents stating whether
or not the proposed subdivision lies within the subdivision regulation jurisdiction of the county. A copy of
the final p lat shall be provided to every purchaser, lessee or other person acquiring an interest in the
subdivided land prior to sale, lease or other conveyance.

47-6-5. Dedicati on for public use; maintenance. (Effecti ve J uly 1, 1996.)

 The final plat shall contain a certificate stating that the board of county commissioners accepted, accepted
subject to improvement or rejected, on behalf of the public, any land offered for dedication for public use in
conformity with the terms of the offer of dedication. Upon full conformance with the county road
construction standards, the roads may be accepted for maintenance by the county. Acceptance of offers of
dedication on a final plat shall not be effective until the final plat is filed in t he office of the (county clerk
or a resolution of acceptance by the board of county commissioners is filed in such office.

47-6-6. Filing with county clerk; duties of county clerk. (Effecti ve July 1,1996.)

  The county clerk shall not accept for filing any final plat subject to the New Mexico Subdivision Act [this
article] that has not been approved as provided in the New Mexico Subdivision Act. Whenever separate
documents are to be recorded concurrently with the final plat, the county clerk shall cros s-reference such
documents. Preliminary plats shall not be filed with the county clerk.




                                                       103
47-6-7. Vacation of plats; approval,- duties of county clerk; effect. (Effecti ve July 1, 1996.)

  A. Any final p lat filed in the office of the county clerk may be vacated or a portion of the final plat may
be vacated if.
      (1) the owners of the land proposed to be vacated sign an acknowledged statement, declaring the final
plat or a portion of the final plat to be vacated; and
      (2) the statement is approved by the board of county commissioners of the county within whose
platting authority the vacated portion of the subdivision is located.
   B. In approving the vacation of all or a part of a final p lat, the board of county commissioners shall
determine whether or not the vacation will adversely affect the interests of persons on contiguous land or
persons within the subdivision being vacated. In approving the vacation of all or a portion of a final plat,
the board of county commissioners may require that streets dedicated to the county in the final plat
continue to be dedicated to the county. The owners of parcels on the vacated portion of the final plat may
enclose in equal proportions the adjoining streets and alleys that are authorized to be abandon ed.
  C. The approved statement declaring the vacation of a portion or all of a final p lat shall be filed in the
office o f the county clerk in wh ich the final p lat is filed. The county clerk shall mark the final plat with the
words "Vacated" or "Partially Vacated” and refer on the final p lat to the volume and page on which the
statement of vacation was recorded.
  D. The rights of any utility existing prior to the vacation, total or partial, of any final p lat are not affected
by the vacation of a final p lat.

47-6-8. Requirements pri or to sale, lease or other conveyance. (Effecti ve July 1, 1996.)

  It is unlawfu l to sell, lease or otherwise convey land within a subdivision before the following conditions
have been met:
    A. the final plat has been approved by the board of county commissioners and has been filed with the
clerk of the county in which the subdivision is located. Where a subdivision lies within more than one
county, the final p lat shall be approved by the board of county commissioners of each county in which the
subdivision is located and shall be filed with the county clerk of each county in which the subdivision is
located;
    B. the subdivider has furnished the board of county commissioners a sample copy of his sales contracts,
leases and any other documents that will be used to convey an interest in the subdivided land, and
    C. all corners of all parcels and blocks with in a subdivision have been permanently marked with metal
stakes in the ground and a reference stake placed beside one corner of each parcel.

47-6-9. Subdi vision regulati on; county authori ty. (Effecti ve July 1, 1996.)

  A. The board of county commissioners of each county shall regulate subdivisions within the county's
boundaries. In regulat ing subdivisions, the board of county commissioners of each county shall adopt
regulations setting forth the county's requirements for:
    (1) preliminary and final subdivision plats, including their content and format;
    (2) quantifying the maximu m annual water requirements of subdivisions, including water for indoor
and outdoor domestic uses;
    (3) assessing water availability to meet the min imu m annual water requirements of subdivisions;
    (4) water conservation measures;
    (5) water of an acceptable quality for hu man consumption, and for protecting the water supply fro m
contamination;
    (6) liquid waste disposal;
    (7) solid waste disposal;
    (8) legal access to each parcel;
    (9) sufficient and adequate roads to each parcel, including ingress and egress for emergency vehicles;
    (10) utility easements to each parcel;
    (11) terrain management;
    (12) phased development;
    (13) protecting cultural p roperties, archaeological sites and unmarked burials, as required by the
Cultural Properties Act [18-6-1 to 18-6-17 NM SA 1978];



                                                        104
     (14) specific in formation to be contained in a subdivider's disclosure statement in addition to that
required in Section 47-6-17 NMSA 1978;
     (15) reasonable fees approximat ing the cost to the county of determining co mpliance with the New
Mexico Subdivision Act [this article] and county subdivision regulations while passing upon subdivision
plats;
     (16) a summary procedure for reviewing certain type-three and all type-five subdivisions as provided
in Section 47-6-11 NM SA 1978;
     (17-) recording all conveyances of parcels with the county clerk;
     (18) financial security to assure the completion of all improvements that the subdivider proposes to
build or to maintain;
     (19) fencing subdivided land, where appropriate, in conformity with Section 77 -16-1 NMSA 1978,
which places the duty on the purchaser, lessee or other person acquiring an interest in the subdivided land
to fence out livestock; and
     (20) any other matter relating to subdivisions that the board of county commissioners feels is necessary
to promote health, safety or the general welfare.
  B. Subsection A of this section does not preempt the authority of any state agency to regulate or perform
any activity that it is required or authorized by law to perform.
  C. The following counties shall adopt regulations pursuant to this section on or before July 1, 1996:
Bernalillo, Dona Ana and Santa Fe.
  D. A ll remaining counties shall adopt regulations pursuant to this section on or before July 1, 1997.
  E. Nothing in the New Mexico Subdivision Act shall be construed to limit the authority of counties to
adopt subdivision regulations with requirements that are more stringent than the requirements set forth in
the New Mexico Subdivision Act, provided the county has adopted a comprehensive plan in accordance
with Sect ion 3-21-5 NMSA 1978 and those regulations are consistent with such plan.

47-6-10. County subdi vision regulati ons; hearings; appeal. (Effecti ve July 1, 1996.)

  In p ro mulgating subdivision regulations, the board of county commissioners shall adhere to the following
procedures.
     A. Prior to adopting, amending or repealing any regulation, the board of county commissioners shall
consult with representatives of the state engineer's office, the department of environment, the office of
cultural affairs, all soil and water conservation districts within the county, the state highway and
transportation department and the attorney general about the subjects within their respective expertise for
which the board of county commissioners is considering pro mulgating a regulat ion. In the process of the
consultation, the representatives of each of the state agencies shall give consideration to the conditio ns
peculiar to the county and shall submit written guidelines to the board of county commissioners for its
consideration in formulat ing regulations. The guidelines:
         (1) shall be g iven consideration by the board of county commissioners in the formu lation of the
county's subdivision regulations;
         (2) shall beco me a part of the record of any hearing in which regulations are adopted, amended or
repealed; and
         (3) may be in such detail as the agency involved desires,
     B. A regulat ion may not be adopted, amended or repealed until after a public hearing held by the board
of county commissioners. Notice of the hearing shall be given at least thirty days prior to the hearing date
and shall state:
         (1) the subject of the regulation;
         (2) the time and place of the hearing;
         (3) the manner in wh ich interested persons may present their views; and
         (4) the place and manner in wh ich interested persons may secure copies of any proposed regu lation.
The board of county commissioners may impose a reasonable charge for the costs of reproducing and
mailing of the proposed regulations.
     C. The notice shall be published in a newspaper of general circulat ion in the county.
     D. Reasonable effort shall be made to give notice to all persons who have made a written request to the
board of county commissioners for advance notice of its hearings.




                                                    105
     E. The board of county commissioners shall give the state engineer, the department of environ ment, the
office o f cultural affairs, the state highway and transportation department, all soil and water conservation
districts within the county and the attorney general thirty days' notice of its regulation hearings.
     F At the hearing, the board of county commissioners shall allow all interested persons reasonable
opportunity to submit data, views or argu ments, orally o r in writ ing, and to examine witnesses testifying at
the hearing. The board shall keep a co mplete record of the hearing proceedings.
     G. Representatives from the state engineer's office, the department of environment, the office of
cultural affairs, all soil and water conservation districts within the county, the state highway and
transportation department and the attorney general shall be given the opportunity to make an oral statement
at the hearing and to enter into the record of the hearing a written statement setting forth any comments that
they may have about the proposed regulation, whether favorable or unfavorable, whe n the proposed
regulation relates to an issue that is within the agencies' respective areas of expertise,
      H. A regulat ion is not invalid because of the failure of a state agency to submit a guideline prior to the
promu lgation of the regulation or because the representative of a state agency did not appear at a public
hearing on the regulation or did not make any co mment for entry in the hearing record.
      L The board of county commissioners shall act on the proposed regulations at the regulatio n hearings
or at a public meeting to be held within thirty days of the hearing on the proposed regulations. Upon
adopting, amending or repealing the regulations, the board of county commissioners shall include in the
record a short statement setting fo7-th the board's reasoning and the basis of the board's decision, including
the facts and circu mstances considered and the weight given to those facts and circumstances.
      J. Any person heard or represented at the hearing shall be given written notice o f the board's decision,
including the facts and circu mstances considered, if the person makes a written request to the board for
notice of its decision.
      K A regulation, amendment or repeal is not effective until thirty days after it is filed with t he county
clerk and the state records admin istrator.
      L. Any person who is or may be adversely affected by a decision of the board of county
commissioners to adopt, amend or repeal a regulat ion may appeal that decision to the district court. All
appeals shall be upon the record made at the hearing and shall be filed in the district court within thirty
days after the board of county commissioners votes to adopt, amend or repeal the regulation.
      M. An appeal is perfected by filing a notice of appeal in the district court of the county that has
adopted, amended or repealed the regulat ion. The appellant shall cert ify in his notice of appeal that
arrangements have been made with the board of county commissioners for preparation of a sufficient
number of transcripts of the record of the hearing to support his appeal, including one copy that he shall
furnish at his own expense to the board of county commissioners. A copy of the notice of appeal shall also
be served upon the board of county commissioners.
      N. Upon appeal, the district court shall set aside the regulation only if it is found to be:
          (1) arbitrary, capricious or an abuse of discretion;
          (2) not supported by substantial evidence; or
          (3) otherwise not in accordance with law.
      0. Any party to the action in district court may appeal to the court of appeals for further relief.

47-6-11. Preliminary plat approval ; summer review. (Effecti ve July 1, 1996.)

  A. Preliminary plats shall be submitted for type-one, type-two, type-three, except type-three subdivisions
that are subject to review under summary procedure as set forth in Subsection I of this section, and type -
four subdivisions.
  B. Prior to approving the preliminary plat, the board of county commissioners of the county in which the
subdivision is located shall require that the subdivider furnish documentation of:
     (1) water sufficient in quantity to fulfill the maximu m annual water requirements of the subdivision,
including water for indoor and outdoor domestic uses;
     (2) water of an acceptable quality for hu man consumption and measures to protect the water supply
fro m contamination;
     (3) the means of liqu id waste disposal for the subdivision;
     (4) the means of solid waste disposal for the subdivision;
     (5) satisfactory roads to each parcel, including ingress and egress for emergency vehicles, and utility
easements to each parcel;



                                                      106
      (6) terrain management to protect against flooding, inadequate d rainage and erosion; and
      (7) protections for cultural properties, archaeological sites and unmarked burials that may be impacted
directly by the subdivision, as required by the Cultural Properties Act [18-6-1 to 18-6-17 IVVSA 1978].
  C. In addition to the requirements of Subsection B of this section, prior to approving the preliminary plat,
the board of county commissioners of the county in which the subdivision is located shall:
      (1) determine whether the subdivider can fulfill the proposals contained in his disclosure statement
required by Section 47-6-17 NMSA 1978; and
      (2) determine whether the subdivision will conform with the New Mexico Subdivision Act [this
article] and the county's subdivision regulations.
  D, The board of county commissioners shall not approve the preliminary plat if the subdivider cannot
reasonably demonstrate that he can fulfill the requirements of Subsections B and C of this section.
  E. Any subdivider submitt ing a preliminary plat for approval shall submit sufficient informat ion to the
board of county commissioners to permit the board to determine whether the subdivider can fulfill the
requirements of Subsections B and C of this section.
  R In determin ing whether a subdivider can fulfill the requirements of Subsections B and C o f this section,
the board of county commissioners shall, within ten days after the preliminary p lat is deemed co mplete,
request opinions from:
      (1) the state engineer to determine:
         (a) whether the subdivider can furn ish water sufficient in quantity to fulfill the maximu m annual
water requirements of the subdivision, including water for indoor and outdoor domestic uses; and
         (b ) whether the subdivider can fulfill the proposals in his disclosure statement concerning water,
excepting water quality;
      (2) the department of environ ment to determine:
         (a) whether the subdivider can furn ish water of an acceptable quality fo r hu man consumption and
measures to protect the water supply from contamination in conformity with state regulations promulgated
pursuant to the Environ mental Improvement Act [74-1 -1 to 74-1-10 NMSA 1978];
         (b ) whether there are liquid and solid waste disposal facilit ies to fulfill the requirements of the
subdivision in conformity with state regulations promulgated pursuant to the Environmental Imp rovement
Act, the Water Quality Act [Chapter 74, A rticle 6 NM SA 1978] and the Solid Waste Act [74-9-1 NMSA
1978]; and
         (c) whether the subdivider can fulfill the proposals contained in his disclosure statement concerning
water quality and concerning liquid and solid waste disposal facilities;
      (3) the state highway and transportation department to determine whether the subdivider can fulfill the
state highway access requirements for the subdivision in conformity with state regulations promulgated
pursuant to Section 67-3-16 NMSA 1978;
      (4) the soil and water conservation district to determine:
         (a) whether the subdivider can furn ish terrain management sufficient to protect against flooding,
inadequate drainage and erosion;
         (b ) whether the subdivider can fulfill the proposals contained in his disclosure statement concerning
terrain management; and
      (5) such other public agencies as the county deems necessary, such as local school districts and fire
districts, to determine whether there are adequate facilit ies to accommodate the proposed subdivision.
  G. If, in the opinion of each appropriate public agency, a subdivider can fulfill the requirements of
Subsection F of this section, then the board of county commissioners shall weigh these opinions in
determining whether to approve the preliminary p lat at a public hearing to be held in accordance with
Section 47-6-14 NMSA 1978.
  H. If, in the opinion of the appropriate public agency, a subdivider cannot fulfill the requirements of
Subsection F of this section, or if the appropriate public agency does not have sufficient informat ion upon
which to base an opinion on any one of these subjects, the subdivider shall be notified of th is fact by the
board of county commissioners, and the procedure set out below shall be followed:
      (1) if the appropriate public agency has rendered an adverse opinion, the board of county
commissioners shall give the subdivider a copy of the opinion;
      (2) the subdivider shall be g iven thirty days from the date of notification to submit addit ional
informat ion to the public agency through the board of county commissioners; and
      (3) the public agency shall have thirty days from the date the subdivider submits additional
informat ion to change its opinion, or issue a favorable opinion when it has withheld one because of



                                                     107
insufficient informat ion. No more than thirty days follo wing th e date of the expiration of the thirty-day
period, during which the public agency reviews any additional information submitted by the subdivider, the
board of county commissioners shall hold a public hearing in accordance with Section 47-6-14 NMSA
1978 to determine whether to approve the preliminary plat. Where the public agency has rendered an
adverse opinion, the subdivider has the burden of showing that the adverse opinion is incorrect either as to
factual or legal matters.
  L If a type-three subdivision contains five or fewer parcels of land, and unless the land within the
subdivision has been previously identified in the county's comprehensive plan, as amended or
supplemented, or zoning ordinances as an area subject to unique circumstances or conditions that require
additional review:
      (1) if the smallest parcel is not less than three acres in size, the board of county commissioners shall
use the same summary p rocedure for rev iewing the subdivision as the board uses for reviewing type -five
subdivisions; or
      (2) if the smallest parcel is less than three acres in size, the board of county commissioners may use
the same summary procedure fo r rev iewing the subdivision as the board uses for reviewing type -five
subdivisions.
  J. Prio r to approving the final p lat of a type-five subdivision, the board of county commissioners of the
county in which the subdivision is located shall:
      (1) determine whether the subdivider can fulfill the proposals contained in his disclosure statement
required by Section 47-6-17 NMSA 1978; and
      (2) determine whether the subdivision conforms with the New Mexico Subdiv ision Act and the
county's subdivision regulations.
  K The board of county commissioners shall not approve the final plat of any type -five subdivision if the
subdivider cannot reasonably demonstrate that he can fulfill the requirements of Subsection J of this
section.
  L. Any subdivider submitt ing a plat of a type-five subdivision shall submit sufficient in formation to the
board of county commissioners to permit the board to determine whether the subdivider can fulfill the
requirements of Subsection 7 of this section.
  M. The board of count), commissioners shall by regulation establish a procedure for sunir,ia7-v review
for certain type-three subdivisions, as provided in Subsection I of this section and all type-five
subdivisions. If the board of county commissioners fails to adopt criteria for summary review, the board of
county commissioners shall approve the plat if it co mplies with Sections 47-6-3 and 47-6-4 NMSA 1978
within the time limitation set forth in Section 47-6-22 NMSA 1978. The board of county commissioners
may delegate to any county administrative officer or planning co mmission member the authority to approve
any subdivision under summary review. Approval by summary rev iew is conclusive evidence of the
approval of the board of county commissioners.

47-6-11.1. Expiration of preliminary pl at. (Effecti ve July 1, 1996.)

  A. An approved or conditionally approved preliminary plat shall expire twenty-four months after its
approval or conditional approval, or after any additional period of t ime as may be prescribed by county
regulation, not to exceed an addit ional twelve months. However, if the subdivider proposes to file mu lt iple
final plats as provided for under county regulations governing phased development, each filing of a final
plat shall extend the expiration of the approved or conditionally approved preliminary plat for an additional
thirty-six months fro m the date of its exp iration or the date of the previously filed final plat, wh ichever is
later. The number of phased final p lats shall be determined by the board of county commissioners at the
time of the approval or conditional approval of the preliminary plat.
  B. Prior to the expirat ion of the approved or conditionally approved preliminary plat, the subdivider may
submit an applicat ion for extension of the preliminary p lat for a period of time not exceeding a total of
three years. The period of time specified in this subsection shall be in addition to the period of time
provided in Subsection A of this section.
  C. The exp iration of the approved or conditionally approved preliminary plat shall terminate all
proceedings on the subdivision, and no final p lat shall be fired without first processing a new preliminary
plat.




                                                       108
47-6-11.2. Water permit required for final pl at approval. (Effecti ve July 1, 1996.)

  A. Until Ju ly 1, 1997, before approving the final plat for a subdivision containing twenty or more parcels,
any one of which is two acres or less in size, the board of county commissioners shall require that the
subdivider provide a copy of a permit obtained fro m the state engineer, issued pursuant to Section 72-5-1,
72-5-23 or 72-5-24 NMSA 1978, or if the subdivision is located within a declared underground water
basin, provide a copy of a permit obtained fro m the state engineer issued pursuant to those sections, or to
Section 72-12-3 or 72-12-7 NMSA 1978, for the subdivision water use. In acting on the permit application,
the state engineer shall determine whether the amount of water permitted is sufficient in quantity to fulfill
the maximu m annual water requirements of the subdivision, including water for indoor and outdoor
domestic uses. The board of county commissioners shall not approve the final p lat unless the state engineer
has so issued a permit for the subdivision water use.
  B. On or after July 1, 1997, before approving the final plat for a subdivision containing twenty or more
parcels, any on-- of which is two acres or less in size, the board of county commissioners may require that
the subdivider provide a copy of a permit obtained fro m the state engineer, issued pursuant to Section 72-5-
1, 72-5-23 or 72-5-24 NMSA 1978, or if the subdivision is located within a declared underground water
basin, provide a copy of a permit obtained fro m the state engineer issued pursuant to those sections, or to
Section 72-12-3 or 72-12-7 NMSA 1978, for the subdivision water use. In acting on the permit application,
the state engineer shall determine whether the amount of water permitted is sufficient in quantity to fulfill
the maximu m annual water requirements of the subdivision, including water for indoor and outdoor
domestic uses. The board of county commissioners may elect not to approve the final p lat if the state
engineer has not issued a permit for the subdivision water use.

47-6-11.3. Approval of final pl ats. (Effecti ve Jul y 1, 1996.)

  A. After the approval or conditional approval of a preliminary p lat and prior to the expirat ion of such plat,
the subdivider may prepare a final plat in accordance with the approved or conditionally approved
preliminary plat.
  B. The board of county commissioners shall not deny a final plat if it has previously approved a
preliminary plat for the proposed subdivision and it finds that the final plat is in substantial comp liance
with the previously approved preliminary plat. Denial of a final p lat shall be acco mpanied by a finding
identifying the requirements that have not been met.
  C. If, at the time of approval of the final plat, any public improvements have not been completed by the
subdivider as required by the board of county commissioners pursuant to the New Mexico Subdivision Act
[this article] or county subdivision regulations, the board of county commissioners shall, as a condition
precedent to the approval of the final p lat, require the subdivider to enter into an agreement with the county
upon mutually agreeable terms to thereafter co mp lete the improvements at th e subdivider's expense.

47-6-12, 47-6-13. Repealed.

47-6-14. Public hearings on preliminary pl ats. (Effecti ve Jul y 1, 1996.)

  The board of county commissioners shall adhere to the following requirements concerning public
hearings on preliminary plats,
     A. Notice of the hearing shall be given at least twenty-one days prior to the hearing date and shall
state:
        (1) the subject of the hearing;
        (2) the time and place of the hearing;
        (3) the manner for interested persons to present their views; and
        (4) the place and manner for interested persons to secure copies of any favorable or adverse opinion
and of the subdivider's proposal. The board of county commissioners may impose a reasonable charge for
the costs of reproducing and mailing the opinions and proposals.
      B. The notice shall be published in a newspaper of general circu lation in the county.
      C. Reasonable effort shall be made to give notice to all persons who have made a written req uest to
the board of county commissioners for advance notice of its hearings. Notice shall also be given to any
public agency that issued an opinion or withheld an opinion on the basis of insufficient informat ion.



                                                      109
     D. Public hearings on preliminary p lats shall be held within thirty days fro m the receipt of all
requested public agency opinions where all such opinions are favorable, or within thirty days fro m the date
all public agencies co mplete their review of any additional informat ion submitted by the subdivider
pursuant to Section 47-6-11 NMSA 1978. If the board of county commissioners does not receive a
requested opinion within the thirty-day period, the board shall proceed.
      E. At the hearing, the board of county commissioners shall allow all interested persons a reasonable
opportunity, to submit data, v iews or argu ments, orally or in writing, and to examine witnesses testifying at
the hearing.
     F The board of county commissioners shall approve, approve with conditions or disapprove the
preliminary plat within thirty days of the public hearing at a public meeting of the board of county
commissioners.

47-6-15. Appeals. (Effecti ve July 1, 1996.)

  A. Any party who is or may be adversely affected by a decision of the board of county commissioners in
approving or disapproving a preliminary or final plat may appeal to the district court of the county in which
the subdivision is located within thirty days of the date of the board's action.
   B. An appeal is perfected by filing a notice of appeal in the district court. A copy of the notice of appeal
shall be served upon the board of county commissioners.
   C. Upon appeal, the district court shall set aside the action of the board of county commissioners only if it
is found to be:
      (1) arbitrary, capricious or an abuse of discretion;
      (2) not supported by substantial evidence; or
      (3) otherwise not in accordance with law.
   D. Any party to the action in district court may appeal to the court of appeals for further re lief
   E. Any party who is or may be adversely affected by a decision of a delegate of the board of county
commissioners in approving or disapproving a final plat under summary rev iew shall appeal the delegate's
decision to the board of county commissioners within thirty days of the date of the delegate's decision. The
board of county commissioners shall hear the appeal and shall render a decision within thirty days of the
date the board receives notice of the appeal. Thereafter, the procedure for appeal ing the decision of the
board of county commissioners set out in Subsections A, B and C of this section shall apply.

47-6-16. Succeeding subdi visions. (Effecti ve July 1, 1996.)

 Any proposed subdivision may be co mbined and upgraded for classification purposes by the board of
county commissioners with a previous subdivision if the proposed subdivision includes:
   A. a part of a previous subdivision that has been created in the preceding seven -year period; or
    B. any land retained by a subdivider after creating a previous subdivision when the previous
subdivision was created in the preceding seven-year period.

47-6-17. Disclosure. (Effecti ve Jul y 1, 1996.)

  Prior to selling, leasing or otherwise conveyance any land in a subdivision, the subdivider shall disclose
in writ ing such information as the board of county commissioners requires, by regulation, to permit the
prospective purchaser, lessee or other person acquiring an interest in subdivided land to make an info rmed
decision about the purchase, lease or other conveyance of the land.
  B. The disclosure statement for subdivisions with not fewer than five and not more than one hundred
parcels shall contain at least the following information :
     (1) the name o f the subdivision;
     (2) name and address of the subdivider and the name and address of the person in charge of sales or
leasing in New Mexico;
     (3) total acreage of the subdivision, both present and anticipated;
     (4) size of the largest and smallest parcels offered for sale, lease or other conveyance within the
subdivision and the proposed range of selling or leasing prices including financing terms;
     (5) distance fro m the nearest town to the subdivision and the route over which this distance is
computed;



                                                      110
      (6) name and address of the person who is recorded as having legal and equitable title to the land
offered for sale, lease or other conveyance;
      (7) a statement of the condition of title including any encumbrances;
      (8) a statement of all restrictions or reservations of record that subject the subdivided land to any
conditions affecting its use or occupancy;
      (9) name and address of the escrow agent, if any;
      (10) a statement as to availability and cost of public utilit ies;
      (11) a statement describing the maximu m annual water requirements of the subdivision, including
water fo r indoor and outdoor domestic uses, and describing the availability of water to meet the maximu m
annual water requirements;
      (12) a statement describing the quality of water in the subdivision available fo r hu man consumption;
      (13) a description of the means of liqu id waste disposal for the subdivision;
      (14) a description of the means of solid waste disposal for the subdivision;
      (15) a description of the means of water delivery within the subdivision;
      (16) the average depth to water within the subdivision if water is available only fro m subterranean
sources;
      (17) a description of access to the subdivision;
      (18) a statement disclosing whether the roads and other improvements within the subdivision will be
maintained by the county, the subdivider or an association of lot owners and what measures have been
taken to ensure that maintenance will take place;
      (19) a description of the subdivider's provisions for terrain management;
      (20) a su mmary, approved by the issuing state agency, of the opinions, if any, whether favorable or
adverse, provided by state agencies to the board of county commissioners concerning any one of the points
listed above;
      (21) a statement that the subdivider shall record the deed, real estate contract, lease or other instrument
conveying an interest in subdivided land with the appropriate county clerk within thirty days of the signing
of such instrument by the purchaser, lessee or other person acquiring an interest in the land,
      (22) a statement advising the purchaser, Lessee or other person acquiring an interest in subdivided
land that building permits, wastewater permits or other use permits are required to be issued by state or
county officials before improvements are constructed; and that further, he is advised to investigate the
availability of such permits before purchase, lease or other con veyance and whether these are requirements
for construction of additional improvements before he may occupy the property; and
      (23) such other information as the board of county commissioners may require.
   C. The disclosure statement for subdivisions with one hundred or more parcels shall contain all of the
informat ion required in Subsection B of this section as well as the follo wing informat ion:
      (1) a statement of any activities or conditions adjacent to or nearby the subdivision that would subject
the subdivided land to any unusual conditions affecting its use or occupancy;
      (2) a description of all recreat ional facilit ies, actual and proposed, in the subdivision;
      (3) a statement as to the availability of.
         (a) fire protection;
         (b) police protection;
         (c) public schools for the inhabitants of the subdivision, including a statement concerning the
proximity of the nearest elementary and secondary schools.:
         (d) hospital facilit ies;
         (e) shopping Facilit ies; and
         (t) public transportation; and
      (4) a statement setting forth the projected dates upon which any of the items mentioned in this section
for which the subdivider has responsibility will be co mp leted if they are not yet completed.
   D. Disclosure statements shall be in the form that the board of county commissioners, after consultation
with the attorney general, may require by regulation. The board of county commissioners may require by
regulation that disclosure statements be printed in both English and Spanish. The form of d isclosure
statements, insofar as possible, shall be uniform fo r all counties.
   E. Any subdivider who has satisfied the disclosure requirement of the Interstate Land Sales Full
Disclosure Act [15 U.S.C. 1701 et seq.] may submit h is approved statement of record in lieu of the
disclosure statement required by the New Mexico Subdivision Act [this article]. However, any informat ion




                                                      111
required in the New Mexico Subdivision Act and not covered in the subdivider's statement of record shall
be attached to the statement of record.
  R It is unlawful to sell, lease or otherwise convey land in a subdivision until:
     (1) the required disclosure statement has been filed with the county clerk, the board of county
commissioners and the attorney general's office; and
     (2) the prospective purchaser, lessee or other person acquiring an interest in the subdivided land has
been given a copy of the disclosure statement.

47-6-18. Advertising standards. (Effecti ve J uly 1, 1996.)

   A. Brochures, disclosure statements, publications and advertising of any form relat ing to subdivided land
shall:
      (1) not misrepresent or contain false or misleading statements of fact;
      (2) not describe deeds, title insurance or other items included in a transaction as "free" and shall not
state that any parcel is "free' or g iven as an "award" or “prize' if any consideration is required for any
reason;
      (3) not describe parcels available for "closing costs only" or similar terms unless all such costs are
accurately and completely itemized or when additional parcels must be purchased at a higher price;
      (4) not include an asterisk or other reference symbol as a means of contradicting or substantially
changing any statement;
      (5) if subdivision illustrations are used, accurately portray the subdivision in its present state, and if
illustrations are used portraying points of interest outside the subdivision, state the actual road miles fro m
the subdivision;
      (6) not contain artists' conceptions of the subdivision or any facilities within it unless clearly described
as such and shall not contain maps unless accurately drawn to scale with the scale indicated;
      (7) not contain references to any facilit ies, points of interest or municipalities located outside the
subdivision unless the distances from the subdivision are stated in the advertisement in actual road miles;
and
      (8) refer to where the subdivider's disclosure statement may be obtained.
   B. Cop ies of all brochures, publications and advertising relating to subdivided land shall be filed with the
board of county commissioners of the county in which the subdivision is located and with the attorney
general within fifteen days after initial use by the subdivider.

47-6-19. Road development. (Effecti ve Jul y 1, 1996.)

  A. Roads within a subdivision shall be constructed only on a schedule approved by the board of county
commissioners. In approving or dis approving a subdivider's road construction schedule, the board of
county commissioners shall consider:
     (1) the proposed use of the subdivision;
     (2) the period of time before the roads will receive substantial use;
     (3) the period of time before construction of homes will co mmence on the portion of the subdivision
serviced by the road;
     (4) the county regulations governing phased development; and
     (5) the needs of prospective purchasers, lessees and other persons acquiring an interest in subdivided
land in viewing the land within the subdivision.
  B. A ll proposed roads shall conform to minimu m county safety standards.
  C The board of county commissioners shall not approve the grading or construction of roads unless and
until the subdivider can reasonably demonstrate that the roads to be constructed will receive use and that
the roads are required to provide access to parcels or improvements within twenty -four months fro m the
date of construction of the road.
  D. It is unlawful for the subdivider to grade or otherwise co mmence construction of roads unless the
construction conforms to the schedule of road development approved by the board of county
commissioners.




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47-6-20. Public agencies required to provi de counties with information. (Effecti ve July 1, 1996.)

 A. Any public agency receiving a request from the board of county commissioners for an opinion pursuant
to Section 47-6-11 NM SA 1978 shall fu rnish the board with the requested opinion within the time period
set forth in Subsection A of Section 47-6-22 NMSA 1978. The board of county commissioners shall furnish
the appropriate public agency with all relevant information that the board has received fro m the subdivider
on the subject for which the board is seeking an opinion. If the public agency does not have sufficient
informat ion upon which to base an opinion, the public agency shall notify the board of this fact.
  B. A ll opinion requests mailed by the board of county commissioners shall be by certified mail “return
receipt requested". Boards of county commissioners delivering opinion requests shall obtain receipts
showing the day the opinion request was received by the particular public agency.

47-6-21. Information reports. (Effecti ve July 1, 1996.)

 In determining whether the subdivider can fulfill the requirements of the subdivision and the proposals
contained in his disclosure statement, the appropriate public agency may request, through the board of
county commissioners, that the subdivider submit such information as the agency may feel necessary to
permit it to make that determination.

47-6-22. Ti me li mit on administrati ve action. (Effecti ve July 1, 1996.)

  A. A ll opinions required of public agencies shall be furn ished to the board of county commissioners
within th irty days after the public agencies receive the written request and accompanying informat ion fro m
the board of county commissioners. If the board of county commissioners does not receive a requested
opinion with in the thirty-day period, the board shall proceed in accordance with its own best judgment
concerning the subject of the opinion request. The failure of a public agency to provide an opinion when
requested by the board of county commissioners does not indicate that the subdivider's provisio ns
concerning the subject of the opinion request were acceptable or unacceptable or adequate or inadequate.
  B. Final p lats submitted to the board of county commissioners for approval shall be approved or
disapproved at a public meeting of the board of county commissioners within thirty days of the date the
final plat is deemed co mp lete.
  C. If the board of county commissioners does not act upon a final plat within the required period of time,
the subdivider shall give the board of county commissioners written notice of its failure to act. If the board
of county commissioners fails to approve or reject the final plat within thirty days, the board of county
commissioners shall, upon demand by the subdivider, issue a certificate stating that the final pla t has been
approved.

47-6-23. Right of ins pection; rescission. (Effecti ve Jul y 1, 1996.)

  If the purchaser, lessee or other person acquiring an interest in the subdivided land has not inspected his
parcel prior to the time of purchase, lease or other conveyance, the purchase, lease or other conveyancing
agreement shall contain a provision giv ing the purchaser, lessee or other person acquiring an interest in the
subdivided land six months within which to personally inspect his parcel. After making the personal
inspection within the six-month period, the purchaser, lessee or other person acquiring an interest in the
subdivided land has the right to rescind the purchase, lease or other conveyancing agreement and receive a
refund of all funds paid on the transaction to the seller, lessor or other conveyor of subdivided land when
merchantable title is revested in the seller, lessor or other conveyor of subdivided land. Notice of such
rescission to the seller, lessor or other conveyor of subdivided land shall be made in writ ing and shall be
given within three days of the date of personal inspection.

47-6-24. Schedule of compliance.

   In approving subdivision plats, the board of county commissioners may require the subdivider to set
forth a schedule of compliance with county subdivision regulations that is acceptable to the board of county
commissioners.




                                                     113
47.6-25. Suspension of right of sale. (Effecti ve July 1, 1996.)

  The board of county commissioners may suspend or revoke approval of a plat as to the unsold, unleased
or otherwise unconveyed portions of a subdivider's plat if the subdivider does not meet the schedule of
compliance approved by the board.

47-6-25.1. Attorney general; district attorneys; investigati on. (Effecti ve July 1, 1996.)

  A. If the attorney general or a d istrict attorney has reasonable cause to believe that a person has
informat ion or may be in possession, custody or control of any document or other tangible object relevant
to a civil investigation for violation of the New Mexico Subdivision Act [this article], the attorney general
or the district attorney, or both, may before bringing any action apply to the district court of Santa Fe
county, or any county where the district attorney has his office, for approval of a civil inves tigative
demand, demanding, in writ ing, such person to appear and be examined under oath, to answer written
interrogatories under oath or to produce the document or object for inspection and copying. The demand
shall:
       (1) be served upon the person in the manner required fo r service of p rocess in this state or, if the
person cannot be found or does not reside or maintain a principal p lace of business within this state, in the
manner required for service of process in the state in which the person resides, maintains a principal place
of business or can be found;
       (2) describe the nature of the conduct under investigation;
       (3) describe the class of documents or objects with sufficient defin iteness to permit it to be fairly
identified if the production of documents or objects is requested;
       (4) contain a copy of the written interrogatories if answers to written interrogatories are sought;
       (5) prescribe a reasonable time at wh ich the person shall appear to testify or wit hin which the
document or object must be produced;
       (6) specify a place for the taking of testimony or for p roduction of the document or object and
designate a person who may be an authorized emp loyee of the attorney general or d istrict attorney to be
custodian of the document or object; and
       (7) contain a copy of Subsections C through E of this section.
   B. No demand to produce a document or object for inspection and copying shall contain any requirement
that would be unreasonable or improper if contained in a subpoena duces tecum issued in a civil proceeding
by a district court of this state. The district court shall approve the demand if it finds that the attorney
general or district attorney has reasonable cause to believe that a pers on has informat ion or may be in
possession, custody or control of any document or other tangible object relevant to a civil investigation for
violation of the New Mexico Subdivision Act and that the demand is proper in form. A demand shall not
be issued without approval of the district court.
   C. If a person fails to comp ly with the written demand served upon him under the provisions of
Subsection A of this section, the attorney general or district attorney may file a petit ion for an order to
enforce the demand in the district court of the county in which the person resides or in which he maintains
a principal place o f business within this state or of the county of Santa Fe if the person neither resides nor
has a principal place of business in this state. Notice of hearing on the petition and a copy of the petition
shall be served upon the person, who may appear in opposition to the petition. If the court finds that the
demand is proper in form and there is reasonable cause to believe that the person has information or may be
in possession, custody or control of any document or other tangible object relevant to a civ il investigation
for vio lation of the New Mexico Subdivision Act, the court shall order the person to comply with the
demand, subject to any modification that the court may prescribe. Upon motion by the person and for good
cause shown, the court may make any fu rther protective order in the proceedings that justice requires.
   D. Prior to the filing of an action under the provisions of the New Mexico Subdivision Act for the
violation under investigation, any testimony taken or material produced under this section shall be kept
confidential by the attorney general or district attorney unless confidentiality is waived by the person being
investigated and the person who has testified, answered interrogatories or produced material, or unless
disclosure is authorized by the court. Any testimony taken or material produced under this section shall be
open to inspection only to the attorney general or district attorney and the person upon whom the demand
for which inspection is sought has been served, unless otherwise ordered by the court.




                                                     114
  E. Any person compelled to appear under this section and required to testify under oath may be
accompanied, rep resented and advised by counsel. An objection may properly be made, received and
entered upon the record when it is claimed that the person is entitled to refuse to answer the question on
grounds of any constitutional or other legal right or privilege.

47-6-26. Injuncti ve relief; mandamus. (Effecti ve Jul y 1, 1996.)

  A. The board of county commissioners, the district attorney or the attorney general may apply to the
district court for any one or more o f the following remed ies in connection with vio latio ns of the New
Mexico Subdivision Act [this article] and county subdivision regulations:
     (1) injunctive relief to prohib it a subdivider fro m selling, leasing or otherwise conveying an interest in
subdivided land until he co mplies with the terms of the New Mexico Subdivision Act and county
subdivision regulations;
     (2) mandatory injunctive relief to compel co mpliance by any person with the provisions of the New
Mexico Subdivision Act and county subdivision regulations;
     (3) rescission and restitution for persons who have purchased, leased or otherwise acquired an interest
in subdivided land that was divided, sold, leased or otherwise conveyed in material v iolation of the New
Mexico Subdivision Act or county subdivision regulations; or
      (4) a civ il penalty of up to five thousand dollars ($5,000) for each parcel created in knowing,
intentional or willful material vio lation of the New Mexico Subdivision Act or county subdivision
regulations.
  B. The board of county commissioners, the district attorney and the attorney general shall not be required
to post bond when seeking a temporary or permanent injunction or mandamus pursuant to the provisions of
the New Mexico Subdivision Act.
  C. In any action by the attorney general pursuant to the New Mexico Subdivision Act, venue shall be
proper in the district court of any county where all or part o f the land is situated or the district court of the
county where the defendant resides. D. Nothing in this section shall be construed as limiting any co mmon-
law right of any person in any court relating to subdivisions.

47-6-27. Cri minal penalties. (Effecti ve July 1, 1996.)

 A. Any person who knowingly, intentionally or willfully co mmits a material v iolation of the New Mexico
Subdivision Act [this article] is guilty of a misdemeanor, punishable by a fine of not more than ten
thousand dollars ($10,000) per vio lation, or by imprisonment for not mo re than one year, or both.
  B. Any person who is convicted of a second or subsequent knowing, intentional or willful vio lation of the
New Mexico Subdivision Act is guilty of a fourth degree felony, punishable by a fine of not more than
twenty-five thousand dollars ($25,000) per vio lation or by imprisonment for not more than eighteen
months, or both.

47-6-27.1. Private remedies. (Effecti ve July 1, 1996.)

  A Any sale, lease or other conveyance of land within a subdivision subject to the New Mexico
Subdivision Act [this article], which subdivision has not been approved by the board of county
commissioners, shall be voidable at the option of the purchaser, lessee or other person acquired an interest
in the subdivided land. The purchaser, lessee or other person acquiring an interest in the subdivided land
may recover restitution of all money, property or other things paid to or received by the seller, lessor or
other conveyor of the subdivided land. The action shall be brought within six years fro m the time of
purchase, lease or other conveyance, in accordance with Sect ion 37-1-3 NMSA 1978.
  B. Any purchaser, lessee or other person acquiring an interest in the subdivided land who suffers any loss
of money or property, real or personal, as a result of any vio lation of the New Mexico Subdivision Act or
any county subdivision regulation may bring an action to recover actual damages. The action shall be
brought within six years fro m the time of purchase, lease or other conveyance, in accordance with Sect ion
37-1-3 NMSA 1978.
  C Any purchaser, lessee or other person acquiring an interest in the subdivided land who has purchased,
leased or otherwise acquired an interest in land with in an approved subdivision may bring an action in
district court to compel specific performance of any proposed improvenwnt set forth in a subdivider's



                                                       115
disclosure statement or in any document obligating the person signing the document to purchase, lease or
otherwise acquire an interest in subdivided land or set forth in any advertising or pro motional materials
relating to the subdivided land. The action shall be brought within six yea rs fro m the time of purchase,
lease or other conveyance, in accordance with Sect ion 37-1-3 NMSA 1978.
  D. Costs shall be allowed to the prevailing party unless the court otherwise directs. The court, in its
discretion, may award reasonable attorneys' fees to the prevailing party.
  E. The remedies provided in this section are in addition to remed ies otherwise availab le under co mmon
law or other statutes of this state.
  F. Th is section shall apply to all purchases, leases or other conveyances of subdiv ided land in approved or
unapproved subdivisions that occur after the effective date of this section.

47-6-27.2. Approval necessary for utility connection. (Effecti ve July 1, 1996.)

  Any water, sewer, electric or gas utility that connects service to in dividual parcels within a subdivision,
before a final p lat for the subdivision, has been approved by the board of county commissioners or before
the landowner holds a valid building permit, may be fined a civil penalty of up to five hundred dollars
($500) by the board of county commissioners. The board of county commissioners may also require any
utility connected in violation of this section to be disconnected.

47-6-28. Use of fees.

  All fees collected by a county for passing upon subdivision plats s hall be deposited in the county general
fund.

47-6-28. Use of fees. (effecti ve Jul y 1, 1996.)

  Nothing in the New Mexico Subdiv ision Act [this article] shall be construed as limit ing the municipal
extraterritorial subdivision and platting jurisdiction provided for in Section 3-20-1 through 3-20-15 NMSA
1978.


                           CHAPTER 47 – PROPERTY LAW
    ARTICLE 7B -- Condominium Act-Creation, Alteration and Terminati on of Condomi niums

Sec.                                                    Sec.
47-7B-1. Creation of condomin iu m.                     47-7B-11. A lteration of units.
47-7B-2. Unit boundaries.                               47.7B. 12. Relation of boundaries between
47-7B-3. Construction and validity of                              adjoin ing units.
         declaration and bylaws.                        47-7B-13. Subdivision of units.
47-7B-4. Description of un its.                         47-7B-14. Easement for encroachments.
47-7B-5. Contents of declaration.
47.7B.6. Leasehold condomin iu ms.
47-7B-7. A llocation of co mmon element interests;      .
          votes;. common expense liab ilities.
47-7B-8. Limited common elements.
47-7B-9. Plats and plans.
47-713-10. Exercise of development rights.


47-7B-1. Creation of condominium.

  A. A condominiu m may be created pursuant to the Condominiu m Act 147 -7A-1 to 47-7D-20 NMSA
1978] on ly by recording a declarat ion executed in the same manner as a deed. The declarat ion shall be
recorded in each county in which any, portion of the condomin iu m is located and shall be indexed in the
grantee's index in the name of the condomin iu m and the association and in the grantor's index in the name
of each person executing the declaration.



                                                      116
  B. A declaration or an amendment to a declaration adding units to a condomin iu m shall not be recorded
unless all structural co mponents and mechanical systems of all buildings containing or comprising any
units created are substantially comp leted in accordance with the plans, as evidenced b a recorded certific ate
of comp letion executed by a licensed engineer, architect, the appropriate build ing inspection authority or by
the declarant. This section does not apply to a conversion building restricted in its entirety to uses other
than for residential purposes.

47-7B-2. Unit boundaries.

  Except as provided by the declaration:
       A. if walls, floors or ceilings are designated as boundaries of a unit, all lath, furring, wallboard,
plasterboard, plaster, paneling, tiles, wallpaper, paint, finished floorin g and any other materials constituting
any part of the finished surfaces thereof are a part of the unit, and all other portions of the walls, floors or
ceilings are a part of the co mmon elements:
       B. if any chute, flue, duct, wire, conduit, bearing wall, bearing colu mn or any other fixture lies
partially within and partially outside the designated boundaries of a unit, any portion thereof serving only
that unit is a limited co mmon element allocated solely to that unit, and any portion thereof serving more
than one unit or any portion of the common elements is a part of the common elements.
       C. subject to the provisions of Subsection B of this section, all spaces, interior part itions and other
fixtures and improvements within the boundaries of a unit are a part of the unit :
       D. any shutters, awnings, window bo xes, doorsteps or stoops and all exterior doors and windows or
other fixtures designed to serve a single unit. but located outside the unit's boundaries, are limited co mmon
elements allocated exclusively to that unit: and
       E. any porches, balconies or patios designed to serve a single unit, but located outside the unit's
boundaries are limited co mmon elements allocated exclusively to that unit.

47-7B-3. Construction and vali dity of declaration and bylaws .

  A. A ll provisions of the declaration and bylaws are severable.
  B. The rule against perpetuities shall not be applied to defeat any provision of the declaration, bylaws,
rules or regulations adopted pursuant to Section 35 [47-7C-2 NMSA 1978] o f the Condo min iu m Act.
  C. In the event of a conflict between the provisions of the declaration and the bylaws, the declaration
prevails except to the extent the declaration is inconsistent with the Condominiu m Act [47-7A-1 to 47-7D-
20 NM SA 1978].
  D. Tit le to a unit and common elements is not rendered unmarketable or otherwise affected by reason of
an insubstantial failu re of the declarat ion to comp ly with the Condominiu m Act. Whether a substantial
failure impairs marketability is not affected by that act.

47-7B-4. Description of units.

 A description of a unit which sets forth the name of the condominiu m, the recording data for the
declaration, the county in which the condomin iu m is located and the identifying numbe r of the unit is a
sufficient legal description of that unit and all rights, obligations and interests appurtenant to that unit
which were created by the declaration or bylaws.

47-7B-5. Contents of declaration.

  A. The declaration fo r a condominiu m shall contain:
    (1) the names of the condominiu m, which shall include the word "condominiu m" or be followed by the
words "a condomin iu m," and the association;
    (2) the name of every county in which any part of the condomin iu m is situated,-
    (3) a description, legally sufficient for conveyance, of the real estate included in the condominiu m;
    (4) a statement of the maximu m nu mber of units which the declarant reserves the right to create;
    (5) a description of the boundaries of each unit created by the declaration, including the unit's
identifying nu mber;




                                                      117
     (6) a description of any limited common elements, other than those specified in Subsections B, D and
E o f Sect ion 47-7B-2 NMSA 1978, as provided in Section 47-7B-9 NMSA 1978;
     (7) a description of any real estate, except real estate subject to development rights, which may be
allocated subsequently as limited co mmon elements, other than limited common elements specified in
Subsections B, D and E of Section 47-7B-2 NMSA 1978, together with a statement that they may be so
allocated;
     (8) a description of any development rights and other special declarant rights reserved by the declarant,
together with a legally sufficient description of the real estate to which each of those rights applies, and a
time limit within which each of those rights must be exercised;
     (9) if any development right may be exercised with respect to different parcels of real estate at different
times, a statement to that effect together with either a statement fixing the boundaries of those portions and
regulating the order in which those portions may be subjected to the exercise of each development right, or
a statement that no assurances are made in those regards, and a statement as to whether, if any development
right is exercised in any port-ion of the real estate subject to that development right, that development right
must be exercised in all or in any other portion of the remainder of that real estate;
     (10) any other conditions or limitations under which the rights described in Paragraph (8) o f this
subsection shall be exercised or they shall lapse;
     (11) an allocation to each unit of the allocated interests in the manner described in Section 47 -7B-7
NMSA 1978,
     (12) any restrictions on use, occupancy and alienation of the units; and
     (13) all matters required by Sections 47-7B-6 through 47-7B-9, 47-7B-15, 47-7B-16 and Subsection D
of Section 47-7C-3 NM SA 1978.
  B. The declarat ion may contain any other matters the declarant deems appropriate.

47-7B-6. Leasehol d condominiums.

   A. With respect to any condominiu m created on a leasehold estate, the declaration shall state:
      (1) the recording data for the lease, or a copy of the lease shall be attached as an exhibit;
      (2) the date on which the lease is scheduled to expire:
      (3) a legally sufficient description of the real estate subject to the lease-.
      (4) any right of the unit owners to redeem the reversion and the manner whereb y those rights may be
exercised, or a statement that they do not have those rights:
      (5) any right of the unit owners to remove any improvements within a reasonable time after the
expirat ion or termination of the lease, or a statement that they do not have those rights: and
      (6) any rights of the unit owners to renew the lease and the conditions of any renewal or a statement
that they do not have those rights.
   B. Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder
does not merge the leasehold and fee simple interests.
   C. If the exp irat ion or termination of a lease decreases the number of units in a condominiu m. the
allocated interests shall be reallocated in accordance with Subsection A o f Section 6 [47-7A-7A NMSA
1978] o f the Condomin iu m Act as though those units had been taken by eminent domain. Reallocations
shall be confirmed by an amendment to the declaration prepared, executed and recorded by the association.

47-7B-7. Allocati on of common element interests; votes; common expense liabilities.

  A. The declarat ion shall allocate a fraction or percentage of undivided interests in the common elements
and in the common expenses of the association and portion of the votes in the asso ciation to each unit and
state the formu las used to establish those allocations. Those allocations may not discriminate in favor of
units owned by the declarant.
   B. If units may be added to or withdrawn fro m the condominiu m, the declarat ion must state the formulas
to be used to reallocate the allocated interest among all units included in the condominiu m after the
addition or withdrawal.
   C. The declaration may provide:
      (1) that different allocations of votes shall be made to the units on particular matters specified in the
declaration:
      (2) for cu mulative voting only for the purpose of electing members of the executive board: and



                                                      118
      (3) for class voting on specified issues affecting the class if necessary to protect valid interests of the
class.
   A declarant may not utilize cu mulat ive or class voting for the purpose of evading any limitation imposed
on declarants by the Condominiu m Act [47-7A-1 to 47-7D-20 NMSA 1978], nor may units constitute a
class because they, are owned by a declarant.
   D. Except fo r minor variations due to rounding, the sum of the undivided interests in the common
elements and common expense liabilities allocated at any time to all the units shall each equal one if stated
as fractions or one hundred percent if stated as percentages. In the event of discrepancy between an
allocated interest and the result derived fro m application of the pertinent formu la. the allocated interest
prevails.
   E. The co mmon elements are not subject to partition, and any p urported conveyance, encumbrance,
judicial sale o r other voluntary or involuntary transfer of an undivided interest in the common elements
made without the unit to which that interest is allocated is void.

47-7B-8. Li mited common elements.

  A. Except for the limited common elements described in Subsections B, D and E of Section 47 -7B-2
NMSA 1978, the declarat ion shall specify to wh ich unit or units each limited co mmon element is allocated.
That allocation shall not be altered without the consent of th e unit owners whose units are affected.
  B. Except as the declaration otherwise provides, a limited co mmon element may be reallocated by an
amend ment to the declaration executed by the unit owners between or among whose units the reallocation
is made. The persons executing the amend ment shall provide a copy of the amend ment to the association,
which shall record it. The amendment shall be recorded in the names of the parties and the condominiu m.
  C. A co mmon element not previously allocated as a limited common element may not be so allocated
except pursuant to provisions in the declaration made in accordance with Paragraph (7) of Subsection A of
Section 47-7B-5 NMSA 1978. The allocations shall be made by amendments to the declaration.

47-7B-9. Plats and pl ans.

  A. Plats and plans are a part of the declarat ion. Separate p lats and plans are not required by the
Condominiu m Act 147-7A- I to 47-7D-20 NNISA 1978] if all the info rmation required by this section is
contained in either a plat or plan. Each plat and plan shall be clear and legib le and contain a certification
that the plat or plan contains all information required by this section.
  B. Each plat shall show:
      (1) the name o f the condomin iu m and a survey or a general schematic map of the condominiu m:
      (2) the location and dimensions of all real estate not subject to development rights, or subject only to
the development right to withdraw, and the location and dimensions of all existing improvements within
that real estate;
      (3) a legally sufficient description of any real estate subject to development rights labeled to identify
the rights applicable to each parcel:
      (4) the extent of any encroachments by or upon any portion of the condominiu m:
      (5) to the extent feasible, a legally sufficient description of all easements serving or burdening any
portion of the condominiu m:
      (6) the location and dimensions of any vertical unit boundaries not shown or projected on plans
recorded pursuant to Subsection D of this section and that unit's identifying number;
      (7) the location with reference to an established datum of any horizontal unit boundaries not shown or
projected on plans recorded pursuant to Subsection D of this section and that unit's identifying number:
      (8) a legally sufficient description of any real estate in wh ich the unit owners will own on ly an estate
for years, labeled as "leasehold real estate"-.
      (9) the distance between noncontiguous parcels of real estate comprising the condomin iu m:
      (10) the location and dimensions of limited common elements, other than the limited common
elements described in Subsections B and D of Section 14 [47 -7B-2B and D NMSA 1978] of the
Condominiu m Act, and
     (11) in the case of real estate not subject to development rights, all other matters customarily shown on
land surveys.




                                                       119
   C. A plat may also show the intended location and dimensions of any contemplated improvement to be
constructed anywhere within the condominiu m. Any contemp lated imp rovement shown shall be labeled
either "MUST BE BUILT" or " NEED NOT BE BUILT." Any certificat ion of a plat required by this section
shall be made by a licensed surveyor.
   D. To the extent not shown or projected on the plats, plans of the units must show or project:
     (1) the location and dimensions of the vertical boundaries of each unit and that unit's identifying
number;
     (2) any horizontal unit boundaries, with reference to an established datum, and that unit's identifying
number; and
     (3) any units in which the declarant has reserved the right to create additional units or common
elements, identified appropriately.
  E. Un less the declaration provides otherwise, the horizontal boundaries of part of a unit located outside of
a building have the same elevation as the horizontal boundaries of the inside part and need not be depicted
on the plats and plans.
  F. Upon exercising any development right, the declarant shall record either new plats and plans necessary
to conform to the requirements of Subsections A. B and D of this section or new certifications of plats and
plans previously recorded if those plats and plans otherwise conform to the requirements of those
subsections.
  G. Any certificat ion of a plan required by this section shall be made by a licensed surveyor, architect or
engineer.

47-7B-10. Exercise of development rights.

  A. To exercise any development right reserved under Paragraph [81 of Subsection A of Section 17 [47 -
7B-5A(8) NMSA 1978] of the Condomin iu m Act, the declarant shall prepare, execute and record an
amend ment to the declaration and comply with Section 21 [47 -7B-9 NM SA 1978] of the Condominiu m
Act. The declarant is the unit owner of any units thereby created. The amendment to the declaration s hall
assign an identifying number to each new unit created, and, except in the case of subdivision or conversion
of units described in Subsection C of th is section, reallocate the allocated interests among all units. The
amend ment must describe any common elements and any limited common elements thereby created and, in
the case of limited common elements, designate the unit to which each is allocated to the extent required by
Section 20 147-7B-8 NMSA 1978] of the Condominiu m Act.
  B. Develop ment rights may be reserved within any real estate added to the condomin iu m if the
amend ment adding that real estate includes all matters required by Section 17 or 18 [47-7B-5 o r 47-7B-6
NMSA 1978] of the Condominiu m Act as the case may be, and the plats and plans include all matters
required by Section 21 147-7B-9 NMSA 1978] of that act. This provision does not extend the time limit on
the exercise of develop ment rights imposed by the declaration pursuant to Paragraph (8) of Subsection A of
Section 17 [47-7B-5A(8) NMSA 1978] of that act.
  C. Whenever a declarant exercises a development right to subdivide or convert a unit previously created
into additional units, common elements or both:
     (1) if the declarant converts the unit entirely to co mmon elements, the amend ment to the declaration
shall reallocate all the allocated interest-, of that unit among the other units as if that unit had been taken by
eminent domain; and
     (2) if the declarant subdivides the unit into two or more units. whether or not any part of the unit is
converted into common elements, the amend ment to the declaration shall reallocate all the allocated
interests of the unit among the units created by the subdivision in any reasonable manner prescribed by the
declarant.
  D. If the declaration provides, pursuant to Paragraph (8) of Subsection A of Section 17 [47 -7B-5A(8)
NMSA 1978] of the Condominiu m Act, that all or a port ion of the real estate is subject to the development
right of withdrawal:
     (1) if all the real estate is subject to withdrawal and the declaration does not describe separate portions
of real estate subject to that right. none of the real estate may be withdrawn after a unit has been conveyed
to a purchaser; and
     (2) if a port ion or portions are subject to withdrawal. no portion shall be withdrawn after a unit in that
portion has been conveyed to a purchaser.




                                                       120
47-7B-11. Alterations of uni ts.

   Subject to the provisions of the declaration and other provisions of law, a unit owner:
     A. may make any improvements or alterations to his unit that do not impair the structural integrity or
mechanical systems or lessen the support of any portion of the condominiu m;
     B. may not change the appearance of the common elements. or the exterior appearance of a unit or any
other portion of the condomin iu m. without permission of the association; and
     C. after acquiring an adjoining unit or an adjoin ing part of an adjoin ing unit, may remove or alter any
intervening partition or create apertures therein. even if the partit ion in whole or in part is a co mmon
element, if those acts do not impair the structural integrity or mechanical systems oz, lessen the support of
any portion of the condomin iu m. Removal of partitions or creation of apertures under this subs ection is not
an alteration of boundaries.

47-7B-12. Relocation of boundaries between adjoining units.

  A. Subject to the provisions of the declaration and other provisions of law. the boundaries between
adjoining units may be relocated by an amend ment to the declaration upon application to the association by
the owners of those units. If the owners of the adjoining units have specified a reallocation between their
units of their allocated interests, the application shall state the proposed reallocat ions. Un less the executive
board determines, within thirty days, that the reallocations are unreasonable. the association shall prepare
an amend ment that identifies the units involved, states the reallocations, is executed by those unit owners,
contains words of conveyance between them and. upon recordation. is indexed in the name of the grantor
and the grantee.
  B. The association shall prepare and record p lats or plans necessary to show the altered boundaries
between adjoining units and their dimensions and identifying numbers.

47-7B-13. Subdi vision of units.

  A. If the declaration exp ressly so permits, a unit may be subdivided into two or more units. Subject to
the provisions of the declaration and other provisions of law, upon application of a unit o wner to subdivide
a unit, the association shall prepare. execute and record an amend ment to the declaration. including the
plats and plans, subdividing that unit.
   B. The amend ment to the declaration must be executed by the owner of the unit to b e subdivided, assign
an identifying nu mber to each unit created and reallocate the allocated interests formerly allocated to the
subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit.

47-7B-14. Easement for encroachments.

  To the extent that any unit or common element encroaches on any other unit or condominiu m element, a
valid easement fo r the encroachment exists. The easement does not relieve a unit owner of liability in case
of his willful misconduct nor relieve a declarant or any, other person of liability for failure to adhere to the
plats and plans.




                                                       121
                             CHAPTER 48 -- LIENS AND MORTGAGES
                           ARTICLE 2 -- Mechanics' and Material men's Liens

Sec.                                                     Sec.
48-2-1. "Lien" defined.                                  48-2-11. Construction with knowledge of owner
48-2-2. Mechanics and materialmen. lien; labor,                     subjects land to lien, notice by owner of
         equip ment and materials furn ished-.                     nonresponsibility.
         definit ion of agent of owner.                  48.2-12. Contractor limited to amount in contract.
48-2-3. Imp rovement of city or town lot or street.                liability for liens of subcontractors.
         lien on lot.                                    48-2-13, Rank of liens. order of pay ment.
48-2-4. Lien covers improvements and land.              48-2-14. Jo inder of parties: consolidation of actions.
48-2-5. Preference over other encu mbrances.                        costs.
48-2-6. Time for filing lien claim, contents.            48.2-15. Materials exempt fro m attachment or
48-2-7. Claims against two or more build ings or                  execution for purchaser's debts.
         imp rovements; statement of amount             48-2-16. Personal action for recovery of debt not
         due. loss of preference.                                 affected.
48.2-8. Recording of liens-, indexing; fees.            48-2-17. Contractors, workmen's compensation
48-2-9. Pet ition to cancel lien-, securitv.                      insurance premiu ms; rights against
48.2-10. Limitation of action to enforce.                        perfo r mance bond.
48-2-10.1. Repealed.                                     48-2-18, 48-2-19. Repealed.

48-2-1. ["Lien" defined.]

  A lien is a charge imposed upon specific property, by wh ich it is made security for the performance of an
act.

48-2-2. Mechanics and material men; lien; l abor, equi pment and materials furnished; definition of
agent of owner.

   Every person performing labor upon, providing or hauling equip ment, tools or machinery for or
furnishing materials to be used in the construction, alteration or repair of any mine, building, wharf, bridge,
ditch, flu me, tunnel, fence, machinery, railroad, road or aqueduct to create hydraulic power or any other
structure, who performs labor in any mine or is a registered surveyor or who surveys re al property has a
lien upon the same for the work or labor done, for the specific contract or agreed upon charge for the
surveying or equipment, tools or mach inery hauled or provided or materials furnished by each respectively,
whether done, provided, hauled or furnished at the instance of the owner of the build ing or other
improvement or his agent. Every contractor, subcontractor, architect, builder or other person having charge
of any min ing or of the construction, alteration or repair. either in whole o r in part, of any building or other
improvement shall be held to be the agent of the owner for the purposes of this section.

48-2-2.1. Procedure for perfecting certain mechanics' and material men's Liens.

    A. The provisions of Subsections B through D of this section do not apply to claims of liens made on
residential property containing four or fewer dwelling units or to claims of liens made by mechanics or
materialmen who contract directly with the orig inal contractor. For purposes of this section, " original
contractor" means a contractor that contracts directly with the owner.
    B. No lien of a mechanic or a materialman claimed in an amount of mo re than five thousand dollars
($5,000) may be enforced by action or otherwise unless the lien claimant has given notice in writing of h is
right to claim a lien in the event of nonpayment and that notice was given not more than sixty days after
initially furn ishing work or materials, or both, by either cert ified mail, return receipt requested, Fax with
acknowledgement or personal delivery to:
       (1) the owner or reputed owner of the property upon which the improvements are being constructed;
or
       (2) the orig inal contractor, if any.




                                                       122
   C. If the owner or the original contractor claims lack of notice as a defense to the enforcement of a lien
described in Subsection B of this section, he must show that upon the request of the mechanic or
materialman he furn ished to the lien claimant not more than five days after such request was made:
      (1) the orig inal contractor's name, address and license number, if there is an original contractor on the
project;
      (2) the owner's name and address;
      (3) a description of the property or a description sufficiently specific for actual identification of the
property; and
      (4) the name and address of any bonding company or other surety that is providing either a pay ment
or performance bond for the project.
   D. The notice required to be given by the claimant under Subsection B of this section shall contain:
      (1) a description of the property or a description sufficiently specific for actual identification of the
property;
      (2) the name, address and phone number, if any, of the claimant; and
      (3) the name and address of the person with who m the claimant contracted or to whom the claimant
furnished labor or materials, or both.                  I
   E. A person required under Subsection B of this section to give notice to enforce his claim of lien may
elect not to give the notice, but may give the required notice at a later t ime. If he elects to do so, the lien
shall apply only to the work performed or materials furnished on or after the date thirty days prior to the
date the notice was given. The provisions of Subsections C and D of this section apply to any notice given
under this subsection.

48-2-3. [Improvement of city or town lot or street; lien on lot.]

   Any person who, at the request of the owner of any lot in any incorporated city or town gra des, fills in
or otherwise imp roves the same, or the street in front of. o r adjo ining the same, has a lien upon such lot for
his work done and materials furn ished.

48-2-4. [Lien covers improvements and l and.]

 The land upon which any build ing, imp rovement or structure is constructed, together with a convenient
space about the same, or so much as may be required for the convenient use and occupation thereof, to be
determined by the court on rendering judgment, is also subject to the lien, if at the co mmen cement of the
work, or of the furn ishing the materials for the same, the land belonged to the person who caused said
building, improvement or structure to he constructed. Altered or repaired. but if such person owned less
than a fee simp le estate in such land, then only his interest therein is subject to such lien.

48-2-5. Preference over other encumbrances.

  A. The liens provided.for in Sect ions 48-2.1 through 48-2-17 NM SA 1978 are preferred to any lien,
mortgage or other encumb rance which may have attached subsequent to the time when the building,
improvement or structure was commenced, work done or materials were co mmenced to be furnished; also
to any lien, mortgage or other encumb rance of wh ich the lienholder had no notice and which was
unrecorded at the time the build ing, imp rovement or structure was commenced, wo rk done or the materials
were co mmenced to be furnished.
  B. Liens filed by registered surveyors shall have priority equal with other mechanics' and materialmen's
liens, but work perfo rmed by registered surveyors shall not constitute the commencement of construction.

48-2-6. Ti me for filing lien clai m; contents.

 Every original contractor, within one hundred and twenty days after the complet ion of his contract. and
every person, except the original contractor, desiring to claim a lien pursuant to Sections 48-2-1 through
48-2-19 NMSA 1978, must. within ninety days after the completion of any building, improvement or
structure, or after the comp letion of the alterat ion or repair thereof, o r the performance of any labor in 'a
mining claim, file for record with the county clerk of the county in which such property or some part
thereof is situated, a claim containing a statement of his demands, after deducting all just credits and



                                                       123
offsets. The claim shall state the name of the owner or reputed owner. if known. and also the name of the
person by whom he was employed, or to who m he furnished the materials, and shall include a statement of
the terms, time given and the conditions of the contract, and also a description of the property to be charged
with the lien, sufficient for identificat ion. The claim must be verified by the oath of himself or of so me
other person.

48-2-7. [Cl ai ms against two or more buil dings or i mprovements; statement of amo unt due; l ose of
preference.1

 In every case in which one claim is filed against two or more buildings, mining claims or other
improvements owned by the same person, the person filing such claim must at the same time designate the
amount due to him on each of such buildings, mining claims or other improvements, otherwise the lien of
such claim is postponed to other liens. The lien of such claimant does not extend beyond the amount
designated as against other creditors having liens. by judgment, mortgage or otherwise, upon either of such
buildings or other improvements, or upon the land upon which the same are situated.

48.2-8. Recordi ng of liens; indexing; fees.

  The county clerk must record the claim in a book kept by him fo r that purpose, which reco rd must be
indexed as deeds and other conveyances are required by law to be indexed and fo r which he may receive
the same fees as are allowed by law for record ing deeds and other instruments. Any claim, the fo rm of
which co mplies with the requirements of this article, shall be entitled to be riled of record and need not
comply with the requirements of Section 14-8-4 NM SA 1978.

48-2-9. Petiti on to cancel lien; security.

  A. The o wner of any building, min ing claim, imp rovement or structure subject to a lien under Sections
48.2-1 through 48-2-17 NMSA 1978 may petit ion the district court for the county in which the property or
a part thereof is located for an order canceling the lien.
   B. Upon the filing of the petition, the district court judge shall e xamine the lien claimant's recorded
demands and determine an amount sufficient to satisfy the recorded demands and any other damages, court
costs or attorney's fees which may be recovered by the lien claimant. Security, in the amount set by the
judge and of a type approved by him shall be deposited by the owner of the property with the district court
conditioned on the payment of any sum found to be validly due to the lien claimant.
   C. When the security is deposited under this section, the judge of the district court shall immed iately
issue an order canceling the lien and shall notify the county clerk with who m the lien was filed. Upon the
recording of such order, the county clerk shall mark the filed lien as canceled. When an order is issued
under this subsection, the claimant's lien attaches to the security and is enforceable as to the security in the
district court in wh ich it is deposited to the same extent as any other lien prov ided for in Sections 48-2-1
through 48-2-17 NMSA 1978.

48-2-10. Li mitati on of action to enforce.

  No lien provided for in Sections 48-2-1 through 48-2-17 NMSA 1978 remains valid for a longer period
than two years after the claim o f lien has been filed unless proceedings have been commenced in a court of
competent jurisdiction within that time to enforce the lien.

48-2-11. (Constructi on with knowledge of owner subjects land to lien; notice by owner of
nonresponsibility.]

  Every building or other improvement mentioned in the second section [14-2-2 NMSA 1978] of this
article, constructed upon any lands with the knowledge of the owner or the person having or claiming any
interest therein, shall be held to have been constructed at the instance of such owner or person having or
claiming any interest therein, and the interes t owned or claimed shall be subject to any lien filed in
accordance with the provisions of this article, unless such owner or person having or claiming an interest
therein shall. within three days after he shall have obtained knowledge of the construction. alteration or



                                                      124
repair, or the intended construction, alteration or repair, give notice that he will not be responsible for the
same, by posting a notice in writing to the effect, in some conspicuous place upon said land, or upon the
building or other improvement situated thereon.

48-2-12. [Contractor li mited to amount in contract; liability for liens of subcontractors.)

  The contractor shall be entitled to recover upon a lien filed by him, only such amount its may be due to
him according to the terms of his contract, after deducting all claims of subcontractors under him who have
filed liens for work done and materials furnished, as aforesaid, and in all cases where a lien shall be filed,
under this article fo r wo rk done or materials furnished to any con tractor, lie shall defend any action brought
thereupon at his own expense; and during the pendency of such action the owner may withhold fro m the
contractor the amount of money for which lien is filed, and in case of judgment against the owner, or his
property, upon the lien, the said owner shall be entitled to deduct fro m any amount due, or to become due
by him to the contractor the amount of such judgment and costs, and if the amount of such judgment and
costs shall exceed the amount due by him to the contractor, or if the owner shall have settled with the
contractor in full, he shall be entitled to recover back fro m the contractor any amount so paid by him, the
said owner, in excess of the contract price, and for which the contractor was originally the pa rty liable.

48-2-13. [Rank of liens; order of payment.)

  In every case in which d ifferent liens are asserted against any property, the court in the judgment must
declare the rank of each lien, o r class of liens, which shall be in the following order, v iz:
     A. all persons other than the original contractors and subcontractor-.
      B. the subcontractors;
      C. the orig inal contractors.
  And the proceeds of the sale of the property must be applied to each lien, o r class of liens, in the orde r of
its rank, and whenever, on the sale of the property subject to the lien, there is a deficiency of proceeds,
judgment may be docketed for the deficiency in like manner, and with like effect as in act ions for the
foreclosure of mortgages.

48-2-14. Joinder of parties: consoli dati on of actions; costs.]

 Any number o f persons claiming liens may jo in in the same action. and when separate actions are
commenced the court may consolidate them. The court may also allow, as part of the costs, the moneys
paid for filing and recording the lien, and reasonable attorney's fee in the district and supreme courts.

48-2-15. [Materials exempt from attachment or execution for purchaser's debts.]

  Whenever materials shall have been furnished for use in the construction, alteration or repair of any
building or other improvement, such materials shall not be subject to attachment. execution or other legal
process, to enforce any debt due by the purchaser of such materials, except a debt due for the purchase -
money thereof, so long as in good faith the same are about to be applied to the construction, alteration or
repair o f such building, mining claim or other improvement.

48-2-16. [Personal acti on for recovery of debt not affected.]

  Nothing contained in this article shall be construed to impair or affect the right of any person to whom
any debt may be due for work done or materials furnished to maintain a personal action to recover such
debt against the person liable therefor.

48.2-17. Contractors;-workmen's compensation insurance premiums; rights against performance
bond.

  Unpaid premiu ms or charges for the furnishing of workmen's compensation insurance furnished to any
contractor or subcontractor, who is required by the terms of h is contract or by law to obtain and carry such
insurance, shall be and is hereby defined to be material furn ished to the contractor or subcontractor for use



                                                       125
in the performance of the contract, and the person, firm or corporation so furnishing the same shall have the
same rights and remedies against any performance bond given in connection with such contract as if the
workmen's compensation insurance so furnished were physical property, and as though a lien had been
riled against the improved premises, but shall have no lien against the improved premises.


                                    CHAPTER 53 -- CORPORATIONS
                                    Article 6 -- Professional Corporati ons

Sec.                                                     Sec.
53-6-1.   Purpose of act.                               53-6-8. Professional relat ionships preserved.
53-6-2.   Short tit le.                                 53-6-9. Issuance and transfer of shares.
53-6-3.   Defin itions.                                 53-6-10. Sale and transfer of shares.
53-6-4.   Incorporation.                                53-6-11. Contingent purchase or redemption price.
53-6-5.   Purposes for which incorporated.              53-6-12. Disqualification; dissolution.
53-6-6.   Co rporate name.                              53-6-13. Mergers or consolidations.
53-6-7.   Pro fessional services through officers,      53-6-14. Application to professional corporations.
          employees, and agents.

53-6-1. Purpose of act.

  The purpose of this act [53-6-1 to 53-6-13 NMSA 1978] is to provide for the incorporation of an
individual, or group of individuals, to render the same professional service to the public for which such
individuals are required by law to be licensed or to obtain other legal authorization.

53-6-2. Short title.

 Th is act [53-6-1 to 53-6-13 NMSA 1978] may be cited as the "Professional Corporation Act."

53-6-3. Definitions.

  As used in this act [53-6-1 to 53-6-13 NM SA 1978]:
      A. "professional service" means any type of personal service to the public wh ich requires, as a
condition precedent to the rendering of such service, the obtaining of a license or other legal authorization
and which, prior to the passage of the Professional Corporation Act [53-6-1 to 53-6-13 NM SA 1978] and
by reason of law, could not be performed by a corporation. The term includes, but is not necessarily
limited to, the personal services rendered by certified public accountants, registered public accountants,
chiropractors, optometrists, dentists, osteopaths, podiatrists, architects, veterinarians, doctors of medicine,
doctors of dentistry, physicians and surgeons, attorneys -at-law and life insurance agents; and
      B. "professional corporation" means a corporation which is organized under the Professional
Corporation Act for the sole and specific purpose of rendering professional service and which has as its
shareholders only individuals who themselves are licensed or otherwise legally authorized within this state
to render the same professional service as the corporation.

53-6-4. Incorporation.

  One or mo re individuals, each of who m is licensed to render a professional service, may incorporate a
professional corporation for pecuniary profit and become shareholders therein in the manner prov ided in
the Business Corporation Act [53-11-1 to 53-18-12 NM SA 1978]. The Business Corporation Act applies to
professional corporations. If the provisions of the Business Corporation Act conflict with the provisions of
the Professional Corporation Act [53-6-1 to 53-6-13 NMSA 1978], the provisions of the Professional
Corporation Act shall prevail.




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53-6-5. Purposes for which incorporated.

  A pro fessional corporation may be organized only for the purpose of rendering one specific type of
professional service and services ancillary thereto and shall not engage in any business other than rendering
the professional service which it was organized to render and services ancillary thereto; provided, however,
that a professional corporation may o wn real and personal property necessary or appropriate for rendering
the type of professional service it was organized to render and may invest its funds in real estate,
mortgages, stocks, bonds and any other type of investments.

53-6-6. Corporate name.

  The corporate name of a professional corporation shall contain the words "limited," "chartered,"
"professional association" or "professional corporation" or shall contain an abbreviation of those words.

53-6-7. Professional services through officers, employees, and agents.

  A professional corporation shall render professional services only through its officers, employees and
agents who are duly licensed or otherwise legally authorized to render such professional services; provided,
however, this section shall not be interpreted to include in the term "emp loyee," clerks, secretaries,
bookkeepers, technicians and other assistants who are not usually and ordinarily considered by custom and
practice to be rendering professional services to the public for which the license is requ ired.

53-6-8. Professional relati onshi ps preserved.

  The Professional Corporation Act [53-6-1 to 53-6-13 NMSA 1978] does not modify the legal
relationships, including confidential relationships, between a person performing professional services and
the client or patient who receives such services; but the liab ility of shareholders shall be otherwise limited
as provided in the Business Corporation Act [53-11-1 to 53-18-12 NM SA 1978] and as otherwise provided
by law.

53-6-9. Issuance and transfer of shares.

   Shares of stock of a professional corporation shall be issued and transferred only to persons who are duly
licensed or legally authorized to render the professional service for which the corporation is organized, but
such shares may be transferred:
      A. by operation of law to persons or legal entities not so licensed or authorized, subject to the
requirements of the Professional Corporation Act [53-6-1 to 53-6-13 NMSA 1978];
      B. to a revocable trust the grantor of wh ich is such a duly licensed or authorized persona provided that
the trust contains provisions that require the trustee, upon the grantor's death or disqualification to render
the professional service for which the grantor was licensed or authorized, to dispose of the shares as
otherwise provided in the Professional Co rporation Act; and
      C. to a tax-qualified employee benefit p lan established for the exclusive benefit of the professional
corporation's employees, provided that the plan's trustee is required to dispose of the trust's shares as
provided in the Professional Corporat ion Act before transfer or distribution of the shares to beneficiaries of
or participants in the plan who are not duly licensed or authorized to render the professional service for
which the corporation is organized.

53-6-10. Sale and transfer of shares.

  A. The articles of incorporation of any professional corporation shall provide for the purchase by the
corporation, its shareholders, or any person duly licensed or authorized to render t he service for which the
corporation is organized, of all shares of its stock:
     (1) held by any person who shall have become disqualified to render the professional service for
which he was licensed or authorized; or
     (2) which devolve by operation of law upon any person or legal entity not licensed or authorized.




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  B. Any purchase of shares under Paragraph (1) of Subsection A shall be effected with in a period of thirty
days after establishment of the disqualification. Any purchas e of shares under Paragraph (2) o f Subsection
A shall be effected within eight months fro m the date of devolution. Any shares held in violat ion of such
provisions may be cancelled by action of the board of directors.

53-6-11. Conti ngent purchase or rede mption price.

  If the art icles of incorporation or the bylaws of a professional corporation fail to fix a price at wh ich the
corporation or its shareholders may purchase the shares of a deceased or disqualified shareholder, then the
price fo r the shares shall be the book value of the shares as of the end of the month immed iately preceding
the death or disqualification of the shareholder.

53-6-12. Disqualification; dissolution.

  If any officer, shareholder, agent or employee of a p rofessional corporation who has been rendering
professional service to the public becomes legally d isqualified to render the professional service within th is
state, or is elected to a public office that, pursuant to existing law, is a restriction or limitation upon
rendering of a professional service, or accepts employ ment that, pursuant to existing law, p laces restriction
or limitations upon his continued rendering of the professional service, he shall sever all employ ment with,
and financial interest in, the professional corporation forthwith. A professional corporation's failure to
require co mpliance with this provision shall constitute a ground for the forfeiture of its articles of
incorporation and its dissolution. When a professional corporation's failu re to co mply wit h this section is
brought to the attention of the state corporation commission, the commission shall cert ify to the attorney
general that fact, for appropriate action to dissolve the professional corporation.

53-6-13. Mergers or consolidati ons.

 A professional corporation shall consolidate or merge only with another domestic professional
corporation organized to render the same specific professional service.

53-6-14. Applicati on to professional corporations.

  The provisions of the Professional Corporation Act [53-6-1 to 53-6-13 NMSA 1978] shall apply to all
professional corporations chartered in New Mexico. Professional corporations heretofore incorporated
shall be required to file any amend ments to their art icles of incorporation necessary to con form to the
requirements of the Professional Corporation Act within eight months fro m the effect ive date of this act.
Any professional corporation which shall not have filed any necessary amend ments within such eight -
month period shall be involuntarily dissolved in conformity with the provisions of the Business
Corporation Act [53-11-1 to 53-18-12 NMSA 1978].




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               CHAPTER 61 -- PROFESS IONAL AND OCCUPATIONAL LICENS ES
                                Article 1 -- Uniform Licensing

Sec.                                                Sec.
61-1-1. Short t itle.                               61-1-16.      Contents of decision.
61-1-2. Definitions.                                61-1-17.      Petit ion for review; waiver of right.
61-1-3. Opportunity for licensee or applicant to    61-1-18.      Record filed by board; contents.
          have hearing.                             61-1-19.      Stay.
61-1-3.1. Limitations.                              61-1-20.      Scope of rev iew.
61-1-4. Notice of contemplated board action; request
          for hearing; notice of hearing.           61-1-21.      Power of board to reopen the case.
61-1-5. Method of service.                          61-1-22.      Remand for hearing newly discovered
61-1-6. Venue of hearing.                                         evidence; procedure before the board.
61-1-7. Hearing officers; hearings; public;         61-1-23.      Appeal to supreme court.
          exception, excusal; protection of witness 61-1-24.      Power of board to seek injunctive relief.
          and informat ion.                         61-1-25.      Declaratory judgment.
61-1-8. Rights of person entitled to hearing.       61-1-26.      Judicial rev iew procedure exclusive.
61-1-9. Po wers of board or hearing officer in      61-1-27.      A mending and repealing.
          connection with hearings.                 61-1-28.      Purpose of act; liberal interpretation.
61-1-10. Enforcement of board orders and            61-1-29.      Adoption of regulations; notice and
           contempt procedure.                                    hearing.
61-1-11. Rules of evidence.                         61-1-30.      Emergency regulations; appeal.
61-1-12. Record.                                    61-1-31.      Validity of regulation; judicial review.
61-1-13. Decision.                                  61-1-32.      Petit ion for adoption, amend ment or repeal
61-1-14. Service of decision.                                     of regulat ions.
61-1-15. Procedure where person fails to request 61-1-33.         Declaratory ru lings.
           or appear for hearing.

61-1-1. Short title.

 Sect ions 61-1-1 through 61-1-31 NM SA 1978 maybe cited as the 'Uniform Licensing Act'.

61-1-2. Definitions.

   As used in the Uniform Licensing Act [61-1-1 to 61-1-31 NM SA 1978]:
     A. "board' means:
        (1) the construction industries commission, the construction industries division and the electrical
bureau, mechanical bureau and general construction bureau of the construction industries division of the
regulation and licensing department;
        (2) the manufactured housing committee and manufactured housing division of the regulation and
licensing department;
        (3) a board, co mmission or agency that administers a profession or occupation licensed pursuant to
Chapter 61 NMSA 1978; and
        (4) any other state agency to which the Uniform Licensing Act is applied by law;
     B. "applicant" means a person who has applied for a license;
     C. “license" means a certificate, permit o r other authorizat ion to engage in each of the professions and
occupations regulated by the boards enumerated in Subsection A of this section;
     D. “revoke a license" means to prohibit the conduct authorized by the license; and
     E. "suspend a license" means to prohibit, for a stated period of time, the conduct authorized by the
license. "Suspend a license' also means to allo w fo r a stated period of time the conduct authorized by the
license subject to conditions that are reasonably related to the grounds for suspension.

61-1-3. Opportunity for licensee or applicant to have hearing.

  Every licensee or applicant shall be affo rded notice and an opportunity to be heard, beforethe board has
authority to take any action which would result in:



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    A. denial of permission to take an examination for licens ing for wh ich applicat ion has been properly
made as required by board rule;
    B. denial of a license after examination fo r any cause other than failure to pass an examination;
    C. denial of a license for wh ich applicat ion has been properly made as required by board rule on the
basis of reciprocity or endorsement or acceptance of a national certificate of qualification;
    D. withholding the renewal of a license for any cause other than:
        (1) failure to pay the required renewal fee;
        (2) failure to meet continuing education requirements; or
        (3) issuance of a temporary license extension if authorized by statute;
    E. suspension of a license;
    F. revocation of a license;
    G. restrict ions or limitat ions on the scope of a practice;
    H. the requirement that the applicant comp lete a program of remed ial education or treatment;
    1. monitoring of the practice by a supervisor approved by the board;
    J. the censure or reprimand of the licensee or applicant;
    K co mp liance with conditions of probation or suspension for a specific period of t ime;
    L. pay ment of a fine for a v iolation not to exceed one thousand dollars ($1,000) for each vio lation,
unless a greater amount is provided by law;
    M . correct ive action, as specified by the board; or
    N. a refund to the consumer of fees that were b illed to and collected fro m the consumer by the licensee.

61-1-3.1. Li mitati ons.

  A. No action that would have any of the effects specified in Subsections D through N of Section 61-1-3
NMSA 1978 shall be init iated by a board later than two years after the discovery of the conduct that would
be the basis for the action except as provided in Subsections C and D of this section.
  B. The t ime limitation contained in Subsection A of this section shall be tolled by any civil or criminal
lit igation in which the licensee or applicant is a party arising fro m substantially the same facts, conduct or
transactions that would be the basis for the board's action.
  C. The New Mexico state board of psychologist examiners shall not in itiate an action that would result in
any of the actions specified in Subsections D through N of Section 61-1-3 NMSA 1978 later than five years
after the conduct of the psychologist or psychologist associate that is the basis for the action. Ho wever, if
the conduct that is the basis for the action involves a minor or a person adjudicated incompetent, the action
shall be in itiated, in the case of a minor, no later than one year after the minor's eighteenth birthday or five
years after the conduct, whichever is last and, in the case of a person adjudicated incompetent, one year
after the adjudication of incompetence is terminated or five years after the conduct, whicheve r is last.
  D. The New Mexico state board of public accountancy shall not init iate an action under the Public
Accountancy Act [61-28A-1 to 61-28A-28 NMSA 1978] that would result in any of the actions specified in
Subsections D through N of Section 61-1-3 NMSA 1978 later than two years following the discovery of a
violation of that act.

61-1-4. Notice of contempl ated board action; request for hearing; notice of hearing.

 A. Fo r the purpose of investigating complaints against licensees, the board may iss ue investigative
subpoenas prior to the issuance of a notice of contemplated action as provided in this section.
 B. When a board contemplates taking any action of a type specified in Subsection A, B or C of Sect ion
61-1-3 NMSA 1978, it shall serve upon the applicant a written notice containing a statement:
     (1) that the applicant has failed to satisfy the board of his qualifications to be examined or to be issued
a license, as the case may be;
     (2) indicating in what respects the applicant has failed to satisfy the board;
     (3) that the applicant may secure a hearing before the board by depositing in the mail within twenty
days after service of the notice a cert ified return receipt requested letter addressed to the board and
containing a request for a hearing; and
     (4) calling the applicant's attention to his rights under Section 61 -1-8 NM SA 1978.




                                                      130
  C. In any board proceeding to take any action of a type specified in Subsection A, B or C of Section 61-1-
3 NMSA 1978, the burden of satisfying the board of the applicant's qualifications shall be upon the
applicant.
  D. When a board contemplates taking any action of a type specified in Subsections D through N of
Section 61-1-3 NMSA 1978, it shall serve upon the licensee a written notice containing a statement:
      (1) that the board has sufficient evidence that, if not rebutted or explained, will justify the board in
taking the contemplated action;
      (2) indicating the general nature of the evidence;
      (3) that unless the licensee within twenty days after service of the notice deposits in the mail a certified
return receipt requested letter addressed to the board and containing a request for a hearing, the board will
take the contemplated action; and
      (4) calling the licensee's attention to his rights under Section 61-1-8 NM SA 1978.
  E. If the licensee or applicant does not mail a request for a hearing with in the time and in the manner
required by this section, the board may take the action contemplated in the notice, an d such action shall be
final and not subject to judicial rev iew.
  F. If the licensee or applicant does mail a request for a hearing as required by this section, the board shall,
within t wenty days of receipt of the request, notify the licensee or applican t of the time and place of
hearing, the name of the person who shall conduct the hearing for the board and the statutes and regulations
authorizing the board to take the contemplated action, wh ich hearing shall be held not more than sixty nor
less than fifteen days fro m the date of service of the notice.
  G. Licensees shall bear all costs of disciplinary proceedings unless they are excused by the board fro m
paying all or part of the fees, or if they prevail at the hearing and an action specified in Section 61-1-3
NMSA 1978 is not taken by the board.

61-1-5. Method of service.

  Any notice required to be served by Section 61-1-4 or 61-1-21 NM SA 1978 and any decision required to
be served by Section 61-1-14 or 61-1-21 NM SA 1978, may be served either personally or by cert ified mail,
return receipt requested, directed to the licensee or applicant at his last know [known] address as shown by
the records of the board. If the notice or decision is served personally, service shall be made in the same
manner as is provided for service by the Rules of Civil Procedure for the District Courts. Where the notice
or decision is served by certified mail, it shall be deemed to have been served on the date borne by the
return receipt showing delivery o r the last attempted delivery of the notice or decision to the addressee or
refusal of the addressee to accept delivery of the notice or decision.

61-1-6. Venue of hearing.

  Board hearings held under the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] shall be
conducted in the county in which the person whose license is involved maintains his residence, or at the
election of the board, in any county in which the act or acts comp lained of occurred; except that, in cases
involving in itial licensing, hearings shall be held in the county where the board maintains its office. In any
case, however, the person whose license is involved and the board may agree that the hearing is to be held
in some other county.

61.1-7. Hearing officers; hearings; public; excepti on; excusal; protection of witness and information.

  A. A ll hearings under the Uniform Licensing Act [61-1-l to 6l-1-31 NMSA 1978] shall be conducted
either by the board or, at the election of the board, by a hearing officer who may be a member or emp loyee
of the board or any other person designated by the board in its discretion. A hearing officer shall, within
thirty days after any hearing, submit to the board a report setting forth his findings of fact.
  B. All hearings under the Uniform Licensing Act shall be open to the public, provided that in cases in
which any constitutional right of privacy of an applicant or licensee may be irreparably damaged, a board
or hearing officer may hold a closed hearing if the board or hearing officer so desires and states the reasons
for this decision in the record. The applicant or licensee may, for good cause shown, request a board or
bearing officer to hold either a public or a closed hearing.




                                                       131
  C. Each party may peremptorily excuse one board member or a hearing officer b y filing with the board a
notice of peremptory excusal at least twenty days prior to the date of the hearing, but this privilege of
peremptory excusal may not be exercised in any case in wh ich its exercise would result in less than a
quorum of the board being able to hear or decide the matter. Any party may request that the board excuse a
board member or a hearing officer for good cause by filing with the board a mot ion of excusal fo r cause at
least twenty days prior to the date of the hearing. In any cas e in wh ich a co mbination of peremptory
excusals and excusals for good cause would result in less than a quorum of the board being able to hear or
decide the matter, the peremptory excusals that would result in removing the member or members of the
board necessary for a quoru m shall not be effective.
  D. In any case in which excusals for cause result in less than a quorum of the board being able to hear or
decide the matter, the governor shall, upon request by the board, appoint as many temporary board
members as are necessary for a quorum to hear o r decide the matter. These temporary members shall have
all of the qualifications required for permanent members of the board.
  E. In any case in wh ich excusals result in less than a quorum of the board being able to hear or decide the
matter, the board, including any board members who have been excused, may designate a hearing officer to
conduct the entire hearing.
  F. Each board shall have power where a proceeding has been dismissed, either on the merits or otherwise,
to relieve the applicant or licensee fro m any possible odium that may attach by reason of the proceeding, by
such public exoneration as it shall see fit to make, if requested by the applicant or licensee to do so.
  G. There shall be no liab ility on the part of and no action for damages against a person who provides
informat ion to a board in good faith and without malice in the reasonable belief that such information is
accurate. A licensee who directly or through an agent intimidates, threatens, injures or takes any adverse
action against a person for providing information to a board shall be subject to disciplinary action.

61-1-8. Rights of person entitled to hearing.

  A. A person entitled to be heard under the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] shall
have the right to be represented by counsel or by a licensed member of his own profession or occupation, or
both; to present all relevant evidence by means of witnesses and books, papers, documents and other
evidence; to exa mine all opposing witnesses who appear on any matter relevant to the issues; and to have
subpoenas and subpoenas duces tecum issued as of right prior to the co mmencement of the hearing to
 compel discovery and the attendance of witnesses and the production of relevant books, papers, documents
and other evidence upon making written request therefor to the board or hearing officer. The issuance of
such subpoenas after the commencement of the hearing rests in the discretion of the board or the hearing
officer. All notices issued pursuant to Section 61-1-4 NMSA 1978 shall contain a statement of these rights.
  B. Upon written request to another party, any party is entitled to:
      (1) obtain the names and addresses of witnesses who will or may be called b y the other party to testify
at the hearing; and
      (2) inspect and copy any documents or items which the other party will or may introduce in evidence
at the hearing.
  The party to who m such a request is made shall co mply with it within ten days after the mailing or
delivery of the request. No such request shall be made less than fifteen days before the hearing.
  C. Any party may take depositions after service of notice in accordance with the Ru les of Civ il Procedure
for the District Courts. Depositions may be used as in proceedings governed by those rules.

61-1-9. Powers of board or hearing officer in connection wi th heari ngs.

  A. In connection with any hearing held under the Uniform Licensing Act [61-1-1 to 61-1-31 NM SA
1978], the board or hearing officer shall have power to have counsel to develop the case; to subpoena, for
purposes of discovery and of the hearing, witnesses and relevant books, papers, documents and other
evidence; to administer oaths or affirmations to witnesses called to testify; to take testimony; to examine
witnesses; and to direct a continuance of any case. Boards or hearing officers may also hold conferences
before or during the hearing fo r the settlement or simp lification of the issues but such settlement or
simp lification shall only be with the consent of the applicant or licensee.
  B. Geographical limits upon the subpoena power shall be the same as if the board or hearing officer were
a district court sitting at the location at which the hearing or d iscovery proceeding is to take place. The



                                                     132
method of service, including tendering of witness and mileage fees, shall be the same as that under the
Rules of Civil Procedure for the District Courts, except that those rules requiring the tender of fees in
advance shall not apply to the state.
  C. The board or hearing officer may impose any appropriate evidentiary sanction against a party who
fails to provide discovery or to comply with a subpoena.

61-1-10. Enforcement of board orders and contempt procedure.

  In p roceedings before a board or hearing officer under the Un iform Licensing Act [6 1- 1-1 to 61-1-31
NMSA 1978], if any person refuses to respond to a subpoena, or refuses to take the oath or affirmation as a
witness or thereafter refuses to be examined, or refuses to obey any lawfu l order of a board contained in its
decision rendered after hearing, the secretary of the board may apply to the district court of the county
where the proceedings are being held for an order direct ing that person to take the requisite action. The
court may issue such order in its discretion. Should any person willfu lly fail to comp ly with an order so
issued, the court shall punish him as for contempt.

61-1-11. Rules of evi dence.

  A. In proceedings held under the Uniform Licensing Act [61-1-1 to 61-1-31 NM SA 1978], boards and
hearing officers may ad mit any evidence and may give probative effect to evidence that is of a kind
commonly relied on by reasonably prudent people in the conduct of serious affairs. Boards and hearing
officers may in their discretion exclude inco mpetent, irrelevant, immaterial and unduly repetitious
evidence. In proceedings involving the suspension or revocation of a license, rules of privilege shall be
applicable to the same extent as in proceedings before the courts of this state. Documentary evidence may
be received in the form of copies or excerpts.
  B. Boards and hearing officers may take notice of judicially cognizab le facts and in addition may take
notice of general, technical or scientific facts within their specialized knowledge. When any board or
hearing officer takes notice of a fact, the applicant or licensee shall be notified either before or during the
hearing of the fact so noticed and its source and shall be afforded an opportunity to cont est the fact so
noticed.
  C. Boards and hearing officers may utilize their experience, technical co mpetence and specialized
knowledge in the evaluation of evidence presented to them.

61-1-12. Record.

  In all hearings conducted under the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], a comp lete
record shall be made of all evidence received during the course of the hearing. The record shall be
preserved by any stenographic method in use in the district courts of this state, or in the discretion of the
board, by tape recording. The board shall observe any standards pertaining to tape recordings established
for the district courts of this state.

61-1-13. Decision.

  A. After a hearing has been completed, the members of the board shall proceed to consider the case and
as soon as practicable shall render their decision, provided that the decision shall be rendered by a quorum
of the board. In cases in which the hearing is conducted by a hearing officer, all members who were not
present throughout the hearing shall familiarize themselves with the record, including the hearing officer's
report, before participating in the decision. In cases in which the hearing is conducted by the board, all
members who were not present throughout the hearing shall thoroughly familiarize themselves with the
entire record, including all evidence taken at the hearing, before part icipating in the decision.
  B. A decision based on the hearing shall be made by a quoru m of the board and signed by the person
designated by the board within sixty days after the comp letion of the preparation of the record or
submission of a hearing officer's report, whichever is later. In any case, the decision must be rendered and
signed within ninety days after the hearing.




                                                      133
61-1-14. Service of decision.

  Within fifteen days after the decision is rendered and signed, the board shall serve upon the applicant or
licensee a copy of the written decision.

61-1-15. Procedure where person fails to request or appear for hearing.

 If a person who has requested a hearing does not appear, and no continuance has been granted, the board
or hearing officer may hear the evidence of such witnesses as may have appeared, and the board may
proceed to consider the matter and dispose of it on the basis of the evidence before it in the manner
required by Section 61-1-13 NMSA 1978. Where because of accident, sickness or other cause a person
fails to request a hearing or fails to appear for a hearing which he has requested, the person may within a
reasonable time apply to the board to reopen the proceeding, and the board upon finding such cause
sufficient shall immediately fix a time and place for hearing and give the person notice as required by
Sections 61-1-4 and 61-1-5 NMSA 1978. At the time and place fixed, a hearing shall be held in the same
manner as would have been employed if the person had appeared in response to the original notice of
hearing.

61-1-16. Contents of decision.

 The decision of the board shall contain findings of fact made by th e board; conclusions of law reached by
the board; the order of the board based upon these findings of fact and conclusions of law; and a statement
informing the applicant or licensee of his right to judicial review and the time with in wh ich such review
must be sought.

61-1-17. Petition for review; wai ver of right.

  Any person entitled to a hearing under the Uniform Licensing Act [61 -1-1 to 61-1-31 NMSA 1978], who
is aggrieved by an adverse decision of a board issued after hearing, may obtain a review of the decision in
the district court of Santa Fe county or in the district court of the county in which the hearing was held or,
upon agreement of the parties to the appeal, in any other district court of the state. In order to obtain such
review, the person shall, within twenty days after the date of service of the decision as required by Section
61-1-14 NMSA 1978, file with the court a petition for review, a copy of wh ich shall be served on the office
of the attorney general and on the board secretary, stating all exceptions taken to the decision and
indicating the court in wh ich the appeal is to be heard. The court shall not consider any exceptions not
stated in the petition. Failure to file a petition for review in the manner and within the time stated shall
operate as a waiver of the right to judicial review and shall result in the decision of the board becoming
final; except that for good cause shown, within the time stated, the judge of the district court may issue an
order granting one extension of time not to exceed sixty days.

61-1-18. Record filed by board; contents.

   W ithin thirty days after service of the copy of the petition for rev iew, the board shall prepare, certify and
file with the clerk of the district court in the proper county the record of the case, comprising a copy of the
notice of hearing required under Sections 4 and 5 [61-1-4 and 61-1-5 NMSA 1978]; a co mp lete transcript
of the testimony taken at the hearing; copies of all pert inent documents and other written evidence
introduced at the hearing; a copy of the decision of the board containing the items specified in Sect ion 16
[61-1-16 NMSA 1978]; and a copy of the petition for review containing the exceptions filed to the
decision. For good cause shown with in the time stated, th e judge of the district court may issue an order
granting one extension of time not to exceed sixty days.
   W ith permission of the court, the record may be shortened by stipulation of all part ies to the review
proceeding. Any party unreasonably refusing to stipulate to limit the record may be taxed by the court for
such additional costs as may be occasioned by the refusal. The court may require or permit subsequent
corrections or additions to the record when deemed desirable.




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61-1-19. Stay.

  At any time before or during the review proceeding, the aggrieved person may apply to the board or file
a motion in accordance with the Rules of Civil Procedure for the District Courts in the rev iewing court for
an order staying the operation of the board decision pending the outcome of the review. The board or court
may grant or deny the stay in its discretion. No such order granting or denying a stay shall be reviewable.

61-1-20. Scope of review.

   Upon the review of any board decision under the Unifor m Licensing Act [61-1-1 to 61-1-31 NMSA
1978], the judge shall sit without a jury, and may hear oral argu ments and receive written briefs, but no
evidence not offered at the hearing shall be taken, except that in cases of alleged o missions or errors in the
record, testimony thereon may be taken by the court. The court may affirm the decision of the board or
remand the case for further proceedings; or it may reverse the decision if the substantial rights of the
petitioner have been prejudiced because the administrative findings, inferences, conclusions or decisions
are: in vio lation of constitutional provisions; or in excess of the statutory authority or jurisdiction of the
board; or made upon unlawfu l procedure; or affected by other error of law; or unsupported by substantial
evidence on the entire record as submitted; or arbit rary or capricious. If the court reverses or remands the
decision of the board, the judge shall set out in writing, wh ich writ ing shall become a part of the record, the
reasons for such reversal or remand.

61-1-21. Power of board to reopen the case.

  A. At any time after the hearing and prior to the filing of a petition for review, the person aggrieved may
request the board to reopen the case to receive additional evidence or for o ther cause.
  B. The board need not reconvene and may be polled about whether to grant or refuse a request to reopen
the case. The board shall grant or refuse the request in writing, and that decision and the request shall be
made a part of the record. The decision to grant or refuse a request to reopen the case shall be made, signed
by the person designated by the board, and served upon the applicant or licensee within fifteen days after
the board receives the request.
  C. The granting or refusing of a request to reopen the case shall be within the board's discretion. The
board may reopen the case on its own motion at any time before petition for review is filed; thereafter, it
may do so only with the permission of the reviewing court. If the board reopens the case, it shall provide
notice and a hearing to the applicant or licensee. The notice of the hearing shall be served upon the
applicant or licensee within fifteen days after service of the decision to reopen the case. The hearing shall
be held within forty-five days after service of the notice, and a decision shall be rendered, signed and
served upon the applicant or licensee within thirty days after the hearing.
  D. The board's decision to refuse a request to reopen the case shall not be reviewable except for an abuse
of discretion.

61-1-22. Remand for hearing newl y discovered evi dence; procedure before the board.

  At any time after the petition for review has been filed, the aggrieved person may apply to the reviewing
court for leave to present additional evidence. If the court is satisfied that the evidence is material to the
issues, that it is not merely cu mulative and that it could not reasonably have been presented at the hearing
before the board, the court may remand the case to the board where additional evidence shall be heard. The
board may then affirm or mod ify its findings of fact and its decision, and shall file with the reviewing court
as a part of the record the additional evidence, together with the affirmation of, o r mod ifications in, its
findings or decision.

61-1-23. Appeal to supreme court.

  Any party to the review proceeding, including the board, may appeal to the supreme court fro m the
decision of the district court under rules of procedure applicable in other civ il cases. No appeal bond shall
be required of the board. The appealing party may apply to the district court for a stay of that court's




                                                      135
decision or a stay of the board's decision, whichever shall be appropriate, pending the outcome of the
appeal to the supreme court.

61-1-24. Power of board to seek injuncti ve relief.

  Any board may appear in its own name in the courts of the state and may apply to courts having
jurisdiction for injunctions to prevent violations of statutes administered by the bo ard and of rules and
regulations issued pursuant to those statutes, and such courts shall have power to grant such injunctions
regardless of whether criminal prosecution has been or may be instituted as a result of such violations.

61-1-25. Declaratory judg ment.

  The valid ity of any rule adopted by a board may be determined upon petition for a declaratory judgment
thereon addressed to the district court of Santa Fe county when it appears that the rule, or its threatened
application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges
of the petitioner. The court shall declare the ru le invalid if it finds that the rule vio lates or conflicts with
constitutional or statutory provisions or exceeds the statutory authority of the board.

61-1-26. Judicial review procedure exclusi ve.

  The p rovisions of the Uniform Licensing Act [6 1- 1-1 to 61-1-31 NMSA 1978] providing a uniform
method of judicial review of board actions of the kind specified in Section 3 [61-1-3 NMSA 1978] shall
constitute an exclusive method of court review in such cases and shall be in lieu of any other review
procedure available under statute or otherwise. Nothing herein, however, shall be construed to bar the use
of any available remed ies to test the legality of any type of board action not specified in Section 3.

61-1-27. Amendi ng and repealing.

 The provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] may be amended, repealed
or superseded by another act of the legislature only by direct reference to the section or sections of this act
being amended, repealed or superseded.

61-1-28. Purpose of act; liberal interpretati on.

 The legislature exp ressly declares that its purpose in enacting the Uniform Licensing Act [61-1-1 to 61-1-
31 NM SA 1978] is to promote uniformity with respect to the conduct of board hearings and judicial rev iew
and that the Uniform Licensing Act is to be liberally construed to carry out its purpose.

61-1-29. Adoption of regul ati ons; notice and hearing.

  A. The procedures specified in Sections 61-1-29 through 61-1-31 NMSA 1978 shall be applicable to
proceedings by a board to adopt, amend or repeal ru les or regulations of general applicability which
implement or interpret a law enforced or ad min istered by the board. These procedures shall not apply to:
     (1) statements, policies, procedures or regulations concerning only internal management or d iscipline
of a board and not affecting the rights of or procedures available to licensees , applicants or the public
generally;
     (2) declaratory ru lings issued pursuant to Section 61-1-33 NMSA 1978;
     (3) decisions, statements or interpretations issued or actions taken in the course of disciplinary
proceedings against a licensee; or
     (4) formal o r informal opin ions of the attorney general issued pursuant to requests of the board.
  B. No regulation or amend ment or repeal thereof shall be adopted by the board until after a public hearing
by the board.
  C. The board shall ma ke reasonable efforts to give notice of any rulemaking proceeding to its licensees
and to the members of the public. Notice o f the hearing shall be g iven at least thirty days prior to the
hearing date and shall state the subject, the time and the place of the hearing and the manner in which
interested persons may present their views. The notice shall also state where interested persons may secure



                                                       136
copies of any proposed regulations. The notice of the public hearing shall include but not necessarily be
limited to publishing the notice in a newspaper of general circulation in the state, and the board shall give
notice to all persons who have made a written request to the board for advance notice.
  D. At the hearing, the board shall allo w all interested persons reasonable opportunity to submit data,
views or argu ments orally or in writ ing and to examine witnesses testifying at the hearing. Any person
heard or represented at the hearing shall be given written notice of the action of the board. The board may
designate a hearing officer to take ev idence in the hearing. A record shall be made of all proceedings at the
hearing.
  E. No regulation or amendment or repeal thereof shall become effective until th irty days after its filing
under the State Rules Act [Chapter 14, Article 4 NMSA 1978].

61-1-30. Emergency regulations; appeal.

   A. If the board determines that an emergency exists which requires immediate action to protect the
public peace, health, welfare or safety, it may, with the written concurrence of the governor, adopt a
regulation or amend ment or repeal thereof, and the emergency regulation shall become effective
immed iately upon its filing under the State Rules Act [Chapter 14, Art icle 4 NM SA 1978]. The
emergency regulation shall not continue in effect longer than forty-five days unless within that time the
board commences proceedings to adopt the regulation by issuing the notice required under Section 61 -1-29
NMSA 1978. If the board commences proceedings under Section 61-1-29 NMSA 1978, the emergency
regulation shall remain in effect until a permanent regulation takes effect or until the procedures are
otherwise comp leted. In no event shall any emergency regulation remain in effect for mo re than one
hundred twenty days.
   B. Any person who is or may be affected by an emergency regulation adopted by the board may appeal
to the court of appeals for relief. An appeal of an emergency regulation is perfected by filing a notice of
appeal with the court of appeals and the board within the period of time the emergency regulation is in
effect. The notice of appeal shall be acco mpanied by a copy of the emergency regulation. Within three
days of the date the board receives the notice of appeal, the board shall file with the court of appe als a
statement setting forth the facts requiring the emergency action. The board shall also deliver a copy of the
statement to the appellant. The appellant shall have five days to file with the court of appeals a written
response to the boards statement. The appellant shall also deliver a copy of its response to the board. The
court of appeals may set aside the emergency regulation only if it finds that the boards exercise of its
emergency regulation-making authority is arbitrary, capricious, contrary to law or an abuse of discretion.

61-1-31. Validi ty of regulation; judici al review.

  A. Any person who is or may be affected by a regulation adopted by the board may appeal to the court of
appeals for relief. A ll appeals shall be upon the record made at the hearing by the board and shall be taken
to the court of appeals within thirty days after filing of the regulation under the State Rules Act [Chapter
14, Article 4 NMSA 1978].
   B. An appeal to the court of appeals under this section is perfected by the timely filing of a notice of
appeal with the court of appeals, with a copy attached of the regulation from wh ich the appeal is taken.
The appellant shall cert ify in his notice of appeal that arrangements have been made with the board for
preparation of a sufficient number of transcripts of the record of the hearing on wh ich the appeal depends to
support his appeal to the court, at the expense of the appellant, including three copies which he shall furn ish
to the board.
   C. Upon appeal, the court of appeals shall set aside the regulation only if found to be:
      (1) arb itrary, capricious or an abuse of discretion;
      (2) contrary to law; or
      (3) against the clear weight of substantial evidence of the record.

61-1-32. Petition for adoption, amendment or repeal of regulati ons.

 Any interested person may request in writing that a board adopt, amend or repeal a regulation. W ithin
one hundred twenty days after receiving the written request, the board shall either init iate procee dings in




                                                      137
accordance with Section 61-1-29 NMSA 1978 to adopt the regulation or issue a concise written statement
of its reason for denial of the request. The denial of such a request is not subject to judicial review.

61-1-33. Declaratory rulings.

  A. Any licensee of a board whose rights may be affected by the application of any statute enforced or
administered by that board or by any decision, order or regulation of that board may request in writ ing a
declaratory ruling fro m the board concerning the applicability of the statute, decision, order or regulat ion to
a particular set of facts. The board shall respond in writing to such a written request within one hundred
twenty days.
  B. The board may also issue declaratory rulings on its own motion.
  C. The effect of a declaratory ruling shall be limited to the board and to the licensee, if any, who
requested the declaratory ruling.


               CHAPTER 61 -- PROFESS IONAL AND OCCUPATIONAL LICENS ES
                            Article 23 -- Engi neering and Surveying

Sec.                                                    Sec.
61-23-1. Short tit le. (Effective until July 1, 2000.) 61-23-26. Engineering; public work. (Effective until
61-23-1.1. Repealed.                                              July 1, 2000.)
61-23-2. Declaration of policy. (Effective until       61-23-27. Engineering; public officer; registration
           Ju ly 1, 2000.)                                        required. (Effect ive until July 1, 2000.)
61-23-3. Defin itions. (Effective until July 1, 2000.)
61-23-4. Criminal offender's character evaluation. 61-23-27.1. Certificat ion as a surveyor intern.
           (Effective until July 1, 2000.)                         (Effective until July 1, 2000.)
61-23-5. State board of registration for prof-          61-23-27.2. Reg istration of professional surveyor;
           sional engineers and surveyors; members;               requirements. (Effective until July 1,
           terms. (Effective until July 1, 2000.)                 2000.)
61-23-6. Board members; qualificat ions.                61-23-27.3. Certificat ion of surveyor intern; require-
           (Effective until July 1, 2000.)                           ments; effective July 1, 1995. (Ef-
61-23-7. Reimbursement of board members.                            fect ive July 1, 1995, until July 1, 2000.)
           (Effecttive until Ju ly 1, 2000.)            61-23-27.4. Reg istration as a professional surveyor,
61-23-8. Removal of members of board. (Effective                    general requirements; effective July 1,
           until July 1, 2000.)                                       1995. (Effective July 1, 1995, until
61-23-9. Board; organizat ion; meet ings. (Effective                  July 1, 2000.)
           until July 1, 2000.)                         61-23-27.5. Surveying; application and examination
61-23-10. Duties and powers of the board. (Effective                fees. (Effect ive until Ju ly 1, 2000.)
           until July 1, 2000.)                         61-23-27.6. Surveying; examinations. (Effective
61-23-11. Receipts and disbursements. (Effective                    until July 1, 2000.)
           Ju ly 1, 2000.)                              61-23-27.7. Surveying-, registration and renewal
61-23-12. Records and reports. (Effect ive until July               fees ; exp irat ions. (Effect ive until Ju ly
           1, 2000.)                                                1, 2000.)
61-23-13. Roster of registered professional engineers 61-23-27.8. Surveying cert ificates and seals.
           and surveyors. (Effective until July 1,                 (Effective until July 1, 2000.)
           2000.)                                       61-23-27.9. Surveying; practice of surveying.
61-23-13.1. Repealed.                                              (Effective until July 1, 2000.)
61-23-14. Certificat ion as an engineer intern;         61-23-27.10 Surveying exemptions. (Effective until
           requirements. (Effective until July 1,                   Ju ly 1, 2000.)
           2000.)                                       61-23-27.11 Surveying; vio lations; disciplinary
61-23-14.1. Reg istration as a professional engineer;               actions; penalties; reissuance of certifi -
           requirements. (Effective until July 1,                   cates. (Effective until July 1, 2000.)
           2000.)                                       61-23-27.12 Surveying; professional development.
61-23-15, 61-23-16. Repealed.                                        (Effective until July 1, 2000.)
61-23-17. Application and examination fees.            61-23-27.13. Surveying; public work. (Effective
           (Effective until July 1, 2000.)                           until July 1, 2000.)



                                                       138
61-23-17.1. Repealed.                                     61-23-27.14. Surveying; public officer; registration
61-23-18. Engineering; examinations. (Effective                      required. (Effective until Ju ly 1, 2000.)
           until July 1, 2000.)
61-23-19. Engineering; certificate; seals.                61-23-28. Reference marks; removal or obliterat ion;
           (Effective until July 1, 2000.)                          replacement. (Effective until July 1,
61-23-20. Engineering; registration and renewal                     2000.)
           fees; exp irations. (Effective until Ju ly     61-23-28.1. Surveying; record of survey. (Effective
           1, 2000.)                                                until July 11 2000.)
61-23-21. Pract ice of engineering. (Effect ive           61-23-29. Repealed.
           until July 1, 2000.)                           61-23-29.1. Repealed.
61-23-22. Engineering; exempt ions. (Effect ive           61-23-30. Right of entry on public and private
           until July 1, 2000.)                                     property; responsibility. (Effective
61-23-23. Repealed.                                                 until July 1, 2000.)
61-23-24. Engineering; vio lations; disciplinary          61-23-31. Licensure under prior laws, (Effective
           action; penalties; reissuance of certifi-                until July 1, 2000.)
           cate. (Effective until July 1, 2000.)          61-23-31.1. Good samaritan. (Effective until July 1,
61-23-24.1. Engineering; professional development.                  2000.)
           (Effective until July 1, 2000.)                61-23-32. Termination of agency life; delayed
61-23-25. Repealed.                                                repeal. (Effective until July 1, 2000.)

61-23-1. Short title. (Effecti ve until July 1, 2000.)

 Chapter 61, Article 23 NM SA 1978 may be cited as the "Engineering and Surveying Practice Act".

61-23-1.1. Repealed.

61-23-2. Declaration of policy. (Effecti ve until July 1, 2000.)

  The legislature declares that it is a matter of public safety, interest and concern that the practices of
engineering and surveying merit and receive the confidence of the public and that only qualified persons be
permitted to engage in the practices of engineering and surveying. In order to safeguard life, health and
property and to promote the public welfare, any person in either public or private capacity practicing or
offering to practice engineering or surveying shall be required to submit evidence that he is qualified to so
practice and shall be registered as provided in the Engineering and Surveying Practice Act [this article]. It
shall be unlawfu l for any person to practice or offer to practice in New Mexico or to use in connection with
his name or otherwise assume, use or advertise any title or description tending to convey the impression
that he is a professional, licensed or registered engineer or surveyor unless that person is registered or
exempt under the provisions of the Engineering and Surveying Practice Act. The practice o f engineering or
surveying shall be deemed a p riv ilege granted by the state board of registration for professional engineers
and surveyors based on the qualifications of the individual as evidenced by the registrant's certificate that
shall not be transferable.

61-23-3. Defini tions. (Effecti ve until July 1, 2000.)

  As used in the Engineering and Surveying Pract ice Act [this article]:
     A. "approved" or "approval" means acceptable to the board;
      B. "board" means the state board of registration for professional engineers and
 surveyors;
      C. "conviction" or "convicted" means any final ad judication of guilt, whether pursuant to a plea or
nolo contenders or otherwise and whether or not the sentence is deferred or suspended;
      D. "engineer" means a person who is qualified to practice engineering by reason of his intensive
preparation and knowledge in the use of mathemat ics, chemistry, physics and engineering sciences,
including the princip les and methods of engineering analysis and design acquired b y professional
education and engineering experience;
      E. "engineering" or "practice of engineering" means any creative or engineering work, that requires
engineering education, training and experience in the applicat ion of special knowledge of th e



                                                        139
mathematical, physical and engineering sciences to such creative work as consultation, investigation,
forensic investigation, evaluation, planning and design of engineering works and systems, expert technical
testimony, engineering studies and the review of construction for the purpose of assuring substantial
compliance with drawings and specificat ions; any of which embrace such creative work, either public or
private, in connection with any utilit ies, structures, buildings, machines, equip ment, proces ses, work
systems, projects and industrial or consumer p roducts or equipment of a mechanical, electrical, hydraulic,
chemical, pneumatic, environ mental o r thermal nature, insofar as they involve safeguarding life, health or
property, and including such other professional services as may be necessary to the planning, progress and
complet ion of any engineering work. The pract ice of engineering does not include responsibility for the
supervision of construction, site conditions, operations, equipment, personn el or the maintenance of safety
in the work place;
     F. "engineering committee" means a committee of the board entrusted to imp lement all business of the
Engineering and Surveying Practice Act as it pertains to the practice of engineering;
     G. "engineer intern" means a person who has qualified fo r, taken and passed an examination in the
fundamental engineering subjects as provided in the Engineering and Surveying Pract ice Act;
     H. "incidental practice" means the performance of other profess ional services that are related to a
registrant's work as an engineer;
     I. "professional development" means education by a registrant in order to maintain, imp rove or expand
skills and knowledge obtained prior to init ial licensure or to develop new and relevant skills and
knowledge;
     J. "professional engineer", "consulting engineer", "licensed engineer" or "registered engineer" means a
person who is registered by the board to practice the profession of engineering;
     K. "responsible charge" means responsibility for the direction, control and supervision of engineering
or surveying work, as the case may be, to assure that the work product has been critically examined and
evaluated for comp liance with appropriate professional standards by a registrant in that profession and by
sealing or signing the documents, the professional engineer or surveyor accepts responsibility for the
engineering or surveying work respectively, represented by the documents and that applicable engineering
or surveying standards have been met;
     L. "surveying" or "practice of surveying" means any service or wo rk, the substantial perfo rmance of
which involves the application of the principles of mathematics and the related physical and applied
sciences for:
         (1) the measuring and locating of lines, angles, elevations and natural and man -made features in the
air, on the surface of the earth, within underground workings and on the beds or bodies of water for the
purpose of defining location, areas and volumes;
         (2) the monumenting of property boundaries and for the platting and layout of lands and
subdivisions thereof;
         (3) the application of photogrammetric methods used to derive topographic and other data;
         (4) the establishment of horizontal and vertical controls for surveys for design, topographic surveys
including photogrammetric methods, construction surveys of engineering and architectural public works
projects; and
         (5) the preparation and perpetuation of maps, records, plats, field notes and property descriptions;
     M . "surveying committee" means a committee of the board entrusted to imp lement all business of the
Engineering and Surveying Practice Act as it pertains to the practice of surveying;
     N. "surveyor" or "professional surveyor" means a person who is qualified to practice surveying by
reason of his intensive preparation and knowledge in the use of mathemat ics, physical and applied sciences
and surveying including the principles and methods of surveying acquired by education and experience and
who is registered by the board to practice surveying;
     0. "surveyor intern" means a person who has qualified for, taken and passed an examination in the
fundamentals of surveying subjects as provided in the Engineering and Surveying Practice Act; and
     P. "surveying work" means the work performed in the practice of surveying. The board recognizes that
there may be an overlap between the work of engineers and surveyors in obtaining survey informatio n fo r
the planning and design of an engineering project. A registered professional engineer who has primary
engineering responsibility and control of an engineering project may perform an engineering survey. A
registered professional engineer may apply photogrammetric methods to derive topographic and other data.




                                                     140
61-23-4. Cri minal offender's character evaluati on. (Effecti ve until Jul y 1, 2000.)

  The provisions of the Criminal Offender Employ ment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern
any consideration of criminal records required o r permitted by the Engineering and Surveying Practice Act
[61-23-1 to 61-23-32 NMSA 1978].

61-23-5. State board of registrati on for professional engineers and surveyors; members; terms.
(Effecti ve until Jul y 1, 2000.)

  A. There is created the "state board of registration for professional engineers and surveyors" that shall
consist of five reg istered professional engineers, at least one of whom shall be in engineering education,
three registered professional surveyors and two public members.
  B. The members of the board shall be appointed by the governor for staggered terms of five years. The
appointees shall have the qualifications required by Section 61 -23-6 NMSA 1978. The appointments shall
be made in such a manner that the terms of not more than two members exp ire in each year. Each member
of the board shall receive a certificate of appointment fro m the governor. Before the beginning of the term
of office, the appointee shall file with the secretary of state a written oath or affirmat ion for the faithful
discharge of official duty. A member o f the board may be reappointed but may not serve more than two
consecutive full terms. A member shall not be reappointed to the board for at least two years after serving
two consecutive full terms. The board may designate any former board member to assist it in an advisory
capacity.
  C. Each member may hold office until the exp irat ion of the term for which appointed or until a successor
has been duly qualified and appointed. In the event of a vacancy for any cause that results in an unexp ired
term, if not filled within three months by official action, the board may appoint a provisional member to
serve until the governor acts. Vacancies on the board shall be filled by appointment by the governor for the
balance of the unexpired term.

61-23-6. Board members; qualifications. (Effecti ve until July 1, 2000.)

   A. Each engineer member of the board shall be a citizen of the United States and a resident of New
Mexico. Each shall have been engaged in the lawfu l practice o f engineering as a professional engineer for
at least ten years, including responsible charge of engineering projects for at least five years or engaged in
engineering education for at least ten years , including responsible charge of engineering education for at
least five years and shall be a professional engineer registered in New Mexico.
   B. Each surveyor member of the board shall be a citizen of the United States and a resident of New
Mexico. Each shall have been engaged in the lawfu l practice o f surveying as a professional surveyor for at
least ten years, including responsible charge of surveying projects for at least five years and shall be a
professional surveyor registered in New Mexico.
   C. Each public member shall be a citizen of the United States, a resident of New Mexico and at least
thirty-five years of age, shall not have been registered nor be qualified for registration as an engineer,
surveyor, architect or landscape architect and shall not have any significant financial interest, direct or
indirect, in the professions regulated.

61-23-7. Rei mbursement of board members. (Effecti ve until July 1, 2000.)

  Each member of the board shall receive per them and mileage as provided in the Per Diem and Mileage
Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.

61-23-8. Removal of members of board. (Effecti ve until July 1, 2000.)

  The governor may remove, after notice and hearing, any member o f the board for misconduct,
incompetency, neglect of duty, malfeasance in office or fo r any reason prescribed by law for removal of
state officials.




                                                     141
61-23-9. Board; org anization; meetings. (Effecti ve until July 1, 2000.)

   A. There shall be an engineering co mmittee composed of the five members of the board who serve as
registered professional engineers and one of the public members who shall be appointed to the committee
by the board. The engineering committee shall meet in conjunction with all board meet ings. The bylaws
or regulations of the board shall provide a procedure for g iving notice of all meetings and for holding
special and emergency meetings. A quorum o f the committee shall be a majority of the committee. The
committee shall elect a chairman and vice chairman fro m the co mmittee members at the last committee
meet ing prior to July 1 of each year.
   B. There shall be a surveying committee co mposed of the three members of the board who serve as
registered professional surveyors and one of the public members who shall be appointed to the committee
by the board. The surveying committee shall meet in conjunction with all board meetings. The bylaws or
regulations of the board shall provide a procedure for giv ing notice of all meetings and for holding special
and emergency meetings. A quorum of the committee shall be a majority of the co mmittee. In the event of
a lack of a quorum and at the request of the committee, other qualified board members may serve on this
committee. The co mmittee shall elect a chairman and vice chairman fro m the committee members at the
last committee meeting prior to July 1 of each year.
   C. All matters that come before the board that pertain exclusively to engineering or exclusively to
surveying shall be referred to the respective committee for d isposition. The co mmittee action on such
matters shall be the action of the board.
   D. The board shall hold at least four regular meetings each year. At least one meeting shall be held at the
state capitol. The bylaws or regulations of the board shall provide procedures for giving notice of all
meet ings and for holding special meetings. The board shall elect annually a chairman, a vice chairman and
a secretary who shall be members of the board. No member o f the board shall be elected to the same office
for two consecutive full terms. A quoru m of the board shall be a majority of the board. Any board member
failing to attend three consecutive regular meet ings is automatically removed as a member of the board.
The board shall have an official seal.

61-23-10. Duties and powers of the board. (Effecti ve until July 1, 2000.)

   A. It shall be the duty of the board to admin ister the provisions of the Engineering and Surveying
Practice Act [this art icle] and to exercise the authority granted the board in that act. The board is
authorized to engage such personnel, including an executive director, as it may deem necessary.
   B. The board shall have the power to adopt and amend all bylaws and rules o f procedure consistent with
the constitution and the laws of this state that may be reasonable for the proper performance of its duties
and the regulation of its procedures, meeting records, examinations and the conduct thereof. The board
also shall adopt and promulgate rules of professional responsibility for professional engineers and
professional surveyors. All such bylaws and rules shall be binding upon all persons registered under the
Engineering and Surveying Practice Act.
   C. To effect the provisions of the Engineering and Surveying Practice Act, the board may, under the
chairperson's hand and the board's seal, subpoena witnesses and compel the production of books, papers
and documents in any disciplinary act ion against a registrant or a person p racticing or offering to practice
without registration. Any member of the board may ad minister oaths or affirmat ions to witnesses
appearing before the board. If any person refuses to obey any subpoena so issued or refuses to testify or
produce any books, papers or documents, the board may apply to a court of co mpetent jurisdiction for an
order to compel the requisite action. If any person willfu lly fails to comp ly with such an order, that person
may be held in contempt of court.
   D. The board may apply for in junctive relief to enforce the provisions of the Engineering and Surveying
Practice Act or to restrain any vio lation of that act. The members of the board shall not be personally liab le
under this proceeding.
   E. The board may subject an applicant for registration to such examinations as it deems necessary to
determine his qualificat ions.
   F. No action or other legal p roceedings for damages shall be instituted against the board, any board
member or emp loyee of the board for any act done in good faith and in the intended performance of any
power or duty granted under the Engineering and Surveying Practice Act or for any neglect or defau lt in the
good faith performance or exercise of any such power or duty.



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   G. The board, in cooperation with the board of examiners for architects and the board of landscape
architects, shall create a jo int standing committee to be known as the "joint practice co mmittee". In order
to safeguard life, health and property and to promote the public welfare, the co mmittee shall have as its
purpose the promotion and development of the highest professional standards in design, planning and
construction and the resolution of ambiguit ies concerning the professions. The composition of the
committee and its powers and duties shall be in accordance with identical resolutions adopted by each
board.
   H. As used in the Engineering and Surveying Practice Act, "incidental practice" shall be defined by
identical regulations of the board of registration for professional engineers and surveyors and the board of
examiners for arch itects.

61-23-11. Receipts and dis bursements. (Effecti ve Jul y 1, 2000.)

   A. The executive d irector of the board shall receive and account for all money received under the
provisions of the Engineering and Surveying Practice Act [this article] and shall pay that money to the state
treasurer for deposit in a separate fund to be known as the "professional engineers' and surveyors' fund".
Money in this fund shall be paid out only by warrant of the secret ary of finance and administration upon the
state treasurer, upon itemized vouchers approved by the chairman and attested by the executive director of
the board. All money in the professional engineers' and surveyors' fund is appropriated for the use of th e
board.
   B. The executive d irector of the board shall give a surety bond to the state in such sum as the board may
determine. The p remiu m on the bond shall be regarded as a proper and necessary expense of the board and
shall be paid out of the profess ional engineers' and surveyors' fund.
   C. The board may make expenditures of the professional engineers' and surveyors' fund for any purpose
which in the opinion of the board is reasonably necessary for the proper performance of its duties under the
Engineering and Surveying Practice Act, including the expenses of the board's delegates to the conventions
of, and for membership dues to, the national council of examiners for engineering and surveying and any of
its subdivisions or any other body of similar purpose.

61-23-12. Records and reports. (Effecti ve until Jul y 1, 2000.)

  A. The board shall keep a record of its proceedings and a register of all applications for reg istration,
indicating the name, age and residence of each applicant, the applicant's educational and other
qualifications, whether an examination was required, whether the applicant was rejected, whether a
certificate of registration was granted, the date of the action of the board and such other informat ion as may
be deemed necessary by the board. This record and register shall be open to public inspection.
  B. The following board records and papers are of a confidential nature and are not public records:
      (1) examination material for examinations not yet given;
      (2) file records of examination problem solutions;
      (3) letters of inquiry and reference concerning applicants;
      (4) board inquiry forms concerning applicants;
      (5) investigation files where any investigation is ongoing or is still p ending; and
      (6) all other materials of like confidential nature.
  C. The records of the board shall be prima facie evidence of the proceedings of the board set forth in
those records, and a transcript thereof, duly certified by the secretary of the board under seal, shall be
admissible in evidence with the same force and effect as if the original were produced.
  D. Annually, on or before August 30, the board shall submit to the governor a report of its transactions of
the preceding year, accompanied by a co mplete statement of the receipts and expenditures of the board
attested by affidavits of the board's chairman, secretary and executive director.

61-23-13. Roster of registered professional engineers and surveyors. (Effecti ve until July 1, 2 000.)

 A roster showing the names and addresses of all registered professional engineers and professional
surveyors shall be prepared by the executive director of the board prior to September 1 of each even -
numbered year. A supplement to the roster shall be prepared by the executive director of the board prior to
September I of each odd-numbered year. Copies of the roster and supplement shall be mailed to each



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registrant no later than November 30 of each year, placed on file with the secretary of state and the state
commission of public records and may be distributed or sold to the public.

61-23-13.1. Repealed

61-23-14. Certification as an engineer intern; requirements. (Effecti ve until July 1, 2000.)

  A. An applicant for cert ification as an engineer intern shall file the appropriate application that
demonstrates that he:
       (1) is of good moral character and reputation;
       (2) has obtained at least a senior status in a board-approved, four-year curriculu m in engineering,
related science curricu lu m or in a board-approved, four-year curriculu m in engineering technology that is
accredited by the technical accreditation co mmission of the accreditation board for engineering and
technology; and
       (3) has three references, one of who m s hall be a reg istered professional engineer.
  B. After acceptance of the application by the board, the applicant shall be allowed to take the appropriate
examination for cert ification as an engineer intern. An applicant who has made three unsuccessful at tempts
at achieving a passing score on the examination, shall only be eligib le to take the examination after wait ing
a calendar year. Thereafter, the applicant may take the examination no more than once each calendar year.
  C. An applicant may be certified as an engineer intern upon successfully complet ing the examination,
provided that he has:
       (1) graduated fro m a board-approved, four-year engineering curriculu m; or
       (2) graduated fro m a board-approved, four-year related science curriculu m o r engineering technology
program accredited by the technical accreditation co mmission of the accreditation board for engineering
and technology, augmented by at least two years of board -approved, post-graduate engineering experience.
  D. The certification of engineer intern does not permit the intern to practice as a professional engineer.
Cert ification as an engineer intern is intended to demonstrate that the intern has obtained certain skills in
engineering fundamentals and is pursuing a career in engineering.

61-23-14.1. Registration as a professional engineer; requirements. (Effecti ve until July 1, 2000.)

  A. Reg istration as a professional engineer may be either through examination or through endorsement or
comity. In either case, an applicant shall file the appropriate application where he shall demonstrate that
he:
      (1) is of good moral character and reputation;
      (2) is certified as an engineer intern;
      (3) has five references, three of whom shall be registrants practicing in the branch of engineering for
which the applicant is applying and who have personal knowledge of the applicant's engineering experience
and reputation. The use of nonregistered engineer references having personal knowledge of the applicant's
engineering experience and reputation other than professional engineers may be accepted by the board
provided a satisfactory written explanation is given; and either
       (4) has at least four years of approved engineering experience after graduation fro m a board-
approved engineering curricu lu m; or
       (5) has a minimu m of six years of approved engineering experience after graduation fro m a board -
approved four-year related science or engineering technology curriculu m.
  B. After the applicant's application is approved by the board, the applicant shall be allowed to take the
appropriate examination for registration as a professional engineer.
  C. Upon successfully comp leting the examination, the applicant shall be eligible to register as a
professional engineer upon action of the board.
  D. An applicant may be registered by endorsement or comity if:
       (1) he is currently reg istered as an engineer in the District of Co lu mbia, another state, territory or
possession of the United States, provided the registration does not conflict with the provisions of the
Engineering and Surveying Practice Act (this article] and that the standards required by the registration or
the applicant's qualificat ions equaled or exceeded the registration standards in New Mexico at the time the
applicant was init ially registered; or




                                                      144
       (2) he is currently reg istered as an engineer in a foreign country and can demonstrate, to the board's
satisfaction, evidence that the registration was based on standards that equal or exceed those presently
required for registration by the Engineering and Surveying Practice Act and can satisfactorily demonstrate
to the board his competence in current engineering standards and procedures.

61-23-15, 61-23-16. Repealed.

61-23-17. Application and examinati on fees. (Effecti ve until July 1, 2000.)

  A. All applicants for licensure pursuant to the Engineering and Surveying Practice Act [61 -23-1 to 61-
23-32 NMSA 1978] shall apply for examination, reg istration or certification on forms prescribed and
furnished by the board. Applications shall be accompanied by the appropriate fee, any sworn statements
the board may require to show the applicant's citizenship and education, a detailed summary o f his
technical work and appropriate references.
   B. All application, reapplicat ion, examination and reexamination fees shall be set by the board and shall
not exceed the actual cost of carrying out the provisions of the Engineering and Surveying Practice Act.
No fees shall be refundable.
   C. Any application may be denied for fraud, deceit, conviction of a felony or for any crime involving
moral turp itude.

61-23-17.1. Repealed.

61-23-18. Engineering; examinations. (Effecti ve until July 1, 2000.)

The examinations for engineering certification and registration shall be held at least once a year at a time
and place the board directs. The engineering committee shall determine the passing grade on examinations.

61-23-19. Engineering; certificate; seals. (Effecti ve until July 1, 2000.)

   A. The board shall issue certificates of registration under the provisions of the Engineer ing and
Surveying Practice Act [this article]. The board shall provide for the proper authentication of all
documents.
   B. The board shall regulate the use of seals.
   C. An engineer shall have the right to engage in activit ies properly classified as architecture insofar as it
is incidental to his wo rk as an engineer, provided the engineer shall not hold himself out to be an architect
or as performing architectural services unless duly registered as such.

61-23-20. Engineering; registration and renewal fees; expirati ons. (Effecti ve until Jul y 1, 2000.)

  A. Registrations shall be for a period of two years as prescribed in the regulations and rules of proc edure.
Initial cert ificates of registration shall be issued to coincide with the biennial period. The init ial registration
fee shall be co mputed proportionately to the amount of time remain ing in the biennial reg istration period.
   B. The board shall establish by rule a b iennial fee for professional engineers. Registration renewal is
accomplished upon payment of the required fee and satisfactory complet ion of the requirements of
professional development.
   C. The executive d irector shall send a renewal notice to each reg istrant's last known address. Notice
shall be mailed at least one month in advance of the date of exp iration of the registration.
   D. Each registrant shall have the responsibility to notify the board of any change of address.
   E. Upon receipt of a renewal fee, and fulfillment of other requirements, the board shall issue a
registration renewal card that shall show the name and registration nu mber of the reg istrant and shall state
that the person named therein has been granted registration to practice as a professional engineer for the
biennial period.
   F. Every registration shall auto matically exp ire if not renewed on or before the last day of the biennial
period. A reg istrant, however, shall be permitted to reinstate a certificate without penalty upon payment of
the required fee within sixty days of the last day of the biennial period. After exp irat ion of this grace
period, a delinquent registrant may renew a cert ificate by the payment of twice the biennial renewal fee at



                                                        145
any time up to twelve months after the renewal fee became due. Should the registrant wish to renew an
expired certificate after the twelve-month period has elapsed, he shall submit a formal application and fee
as provided in Section 61-23-17 NMSA 1978. The board, in considering the reapplication, need not
question the applicant's qualifications for reg istration, unless the qualificat ions have changed since the
registration has expired.

61-23-21. Practice of engineering. (Effecti ve until July 1, 2000.)

   A. No firm, partnership, corporation or joint stock association shall be registered under the Engineering
and Surveying Practice Act [this article]. No firm, partnership, corporation or jo int stock association shall
practice or offer to practice engineering in the state except as provided in the Engineering and Surveying
Practice Act.
   B. Professional engineers may engage in the practice of engineering and perform engineering work under
the Engineering and Surveying Practice Act as individuals, partners or through joint stock associations or
corporations. In the case of an individual, the individual shall be a professional engineer under the
Engineering and Surveying Practice Act. All p lans, designs, drawings, specifications or reports that are
involved in such practice, issued by or for the practice, shall bear the seal and signature of a professional
engineer in responsible charge of and directly responsible for the work issued. In the case of practice
through partnership, at least one of the partners shall be a professional engineer under the Engineering and
Surveying Practice Act, and all plans, designs, drawings, specificat ions or reports that are involved in such
practice, issued by or for the partnership shall bear the seal and signature of the p rofessional engineer in
responsible charge of and directly responsible for such work when issued. In the case of practice through
joint stock association or corporation, services or work involving the practice of engineering may be
offered through that joint stock association or corporation; provided the person in responsible charge of the
activities of the jo int stock association or corporation which constitute such practice is a professional
engineer who has authority to bind such joint stock association or corporation by contract; and further
provided that all plans, designs, drawings, specifications or reports that are involved in such practice, issued
by or for such joint stock association or corporation, bear the seal and signature of a professional e ngineer
in responsible charge of and directly responsible for the work when issued.
   C. An indiv idual, firm, partnership, corporation or joint stock association may not use or assume a name
involving the terms "engineer", "professional engineer", "engin eering", "registered" or "licensed" engineer
or any modification or derivative of such terms unless that individual, firm, partnership, corporation or joint
stock association is qualified to practice engineering in accordance with the requirements in this section.

61-23-22. Engineering; exemptions. (Effecti ve until July 1, 2000.)

  A. A New Mexico licensed architect who has complied with all of the laws of New Mexico relating to
the practice of architecture has the right to engage in the incidental practice, as defined by regulation, of
activities properly classified as engineering provided that the architect shall not hold himself out to be an
engineer or as performing engineering services, and further provided that the architect shall perform on ly
that part of the work for which he is professionally qualified and shall utilize qualified professional
engineers or others for those portions of the work in wh ich the contracting architect is not qualified.
Furthermore, the arch itect shall assume all responsibility fo r co mpliance with all laws, codes, regulations
and ordinances of the state or its political subdivisions pertaining to all documents bearing his professional
seal.
   B. Officers and employees of the government of the United States engaged in t he practice of engineering
insofar that the work involved in said practice is limited and restricted to within federal government
property shall be exempt fro m the provisions of the Engineering and Surveying Practice Act [this article].
Any connection or joining of work to other work outside of the federal p roperty shall require that the
connection or join ing be specified by engineers registered under the provisions of that act.
   C. An engineer employed by a firm, association or corporation who performs only the engineering
services involved in the operation of the employer's business shall be exempt fro m the provisions of the
Engineering and Surveying Practice Act, provided that neither the employee nor the employer offers
engineering services to the public.

61-23-23. Repealed.



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61-23-24. Engineering; vi olations; disciplinary acti on; penal ties; reissuance of certi ficate. (Effecti ve
until July 1, 2000.)

   A. The board may suspend, refuse to renew or revoke the certificate of registration, impose a fine not to
exceed five thousand dollars ($5,000), place on probation for a specific period of t ime with specific
conditions or reprimand any professional engineer who is found by the board to have:
        (1) pract iced or offered to practice engineering in New Mexico in v iolation of the Engineering and
Surveying Practice Act [this article];
        (2) attempted to use as his own the certificate of another;
        (3) g iven false or forged evidence to the board or to any board member for obtaining a certificate of
registration;
        (4) falsely impersonated any other registrant of like or different name;
        (5) attempted to use an expired, suspended or revoked certificate of registration;
        (6) falsely presented himself to be a professional engineer by claim, sign, advertisement or
letterhead;
        (7) v iolated the rules of professional responsibility for pro fessional engineers adopted and
promu lgated by the board;
        (8) been disciplined in another state for action that would constitute a violation of either or both the
Engineering and Surveying Practice Act or the rules and regulations adopted by the board;
       (9) been convicted of a felony; or
      (10) procured, aided or abetted any violation of the provision s of the.Engineering and Surveying
Practice Act or the ru les and regulations of the board.
   B. Nothing in the Eng ineering and Surveying Pract ice Act shall prohib it the general use of the word
"engineer", "engineered", or "engineering" so long as such wo rds are not used in an offer to the public to
perform engineering work as defined in Subsections E and J of Sect ion 61-23-3 NMSA 1978.
   C. The board may by rule establish the guidelines for the disposition of disciplinary cases involving
specific types of violations. The guidelines may include minimu m and maximu m fines, periods of
probation or conditions of probation or reissuance of a license.
   D. Failu re to pay any fine lev ied by the board or to otherwise comply with an order issued by the board
pursuant to the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] shall be a misdemeanor and shall
be grounds for further action against the licensee by the board and for judicial sanctions or relief
   E. Any person may prefer charges of fraud, deceit, gross negligence, inco mpetence or misconduct
against any registrant. The charges shall be in writ ing and shall be sworn to by the person making the
charges and filed with the executive director of the board. All charges shall be referred to the engineerin g
committee, acting for the board. No act ion that would have any of the effects specified in the Uniform
Licensing Act, Subsections D, E, or F of Section 61-1-3, NMSA 1978 may be init iated later than two years
after the discovery by the board but in no case shall an action be brought more than ten years after the
complet ion of the conduct that constitutes the basis for the action. All charges, unless dismissed as
unfounded or trivial or resolved by reprimand, shall be heard in accordance with the provisio n of the
Unifo rm Licensing Act by the engineering committee acting fo r the board or by the board.
   F. Persons making charges shall not be subject to civil o r criminal suits, provided that the charges are
made in good faith and are not frivolous or malic ious.
   G. The board or any board member may in itiate proceedings under the provisions of this section in
accordance with the provisions of the Uniform Licensing Act. Nothing in the Engineering and Surveying
Practice Act shall deny the right of appeal fro m the decision and order of the board in accordance with the
provisions of the Uniform Licensing Act.
  H. The board, for reasons it deems sufficient, may reissue a certificate of reg istration to any person whose
certificate has been revoked or suspended, providing a majority of the members of the engineering
committee, acting for the board, or of the board vote in favor of such reissuance. A new certificate of
registration bearing the original reg istration number to rep lace any certificate revoked, los t, destroyed or
mutilated may be issued subject to the rules of the board with payment of a fee determined by the board.
   I. The board shall prepare and adopt rules of professional responsibility for professional engineers as
provided in the Engineering and Surveying Pract ice Act that shall be made known in writ ing to every
registrant and applicant for registration under that act, and shall be published in the roster. Publication and
public notice shall be in accordance with the Un iform Licensing Act. The board may revise and amend



                                                      147
these rules of professional responsibility fo r professional engineers fro m t ime to time and shall notify each
registrant in writ ing of such revisions or amendments.
   J. A v iolation of any provision of the Engineering and Surveying Practice Act is a misdemeanor
punishable upon conviction by a fine of not more than five thousand dollars ($5,000) or by imprisonment
of no mo re than one year, or both.
   K. The attorney general or district attorney of the proper district or special prosecutor retained by the
board shall prosecute violations of the Engineering and Surveying Practice Act by a nonregistrant.
   L. The pract ice of engineering in v iolation of the provisions of the Engineering and Surveying Practice
Act shall be deemed a nuisance, and may be restrained and abated by injunction without bond in an action
brought in the name o f the state by the district attorney or on behalf of the board by the attorney general or
the special prosecutor retained by the board. Action shall be brought in the county that the violation
occurs.

61-23-24.1. Engineering; professional devel opment. (Effecti ve until July 1, 2000.)

 The board shall imp lement and conduct a professional development program. Co mpliance and
exceptions shall be established by the regulations and rules of procedure of the board.

61-23-25. Repealed.

61-23-26. Engineering; public work. (Effecti ve until July 1, 2000.)

  A. It is unlawful for the state or any of its political subdivisions to engage in the construct ion of any
public work involving engineering unless the plans and specifications involving engineering have been
prepared by and are under the responsible charge of a reg istered professional engineer and the public work
involving professional surveying has been executed under the responsible charge of a registered
professional surveyor. Nothing in this section shall be held to apply to any public work wherein the
contemplated expenditure for the co mplete pro ject does not exceed one hundred thousand dollars
($100,000), except for public work involving structural design, structural modifications or surveying.
  B. The Engineering and Surveying Practice Act [this art icle] shall not apply to construction surveys of
engineering and architectural public works projects, the anticipated construction cost of which is less than
one hundred thousand dollars ($100,000).

61-23-27. Engineering; public officer; registration required. (Effecti ve until July 1, 2000.)

  No person except a reg istered professional engineer shall be elig ible to hold any responsible office or
position for the state or any political subdivision of the state that includes the performance or responsible
charge of engineering work.

61-23-27.1. Certificati on as a surveyor i ntern. (Effecti ve until Jul y 1, 2000]
        [Note: Superceded by 61-23-27.3]

  A. An applicant for certification as a surveyor intern shall file the appropriate application where he shall
demonstrate that he:
     (1) is of good moral character and reputation;
     (2) has successfully completed forty-five semester hours of a board-approved surveying curriculum;
     (3) has four years of combined board approved education, office and field experience in surveying.
The forty-five semester hours of surveying curriculum will count as one year of experience; and
     (4) have three references, two of whom shall be registered professional surveyors having personal
knowledge of the applicants surveying knowledge and experience.
  B. The forty-five semester hours o f academic training may be acquired by attendance at a college,
university, a technical institute or by completion of a course of home study equivalent to forty -five semester
hours from an institute having a curriculum approved by the board. The educational requireme nts shall be
in surveying and associated scientific curriculum.
  C. After acceptance of the application by the board, the applicant shall be allowed to take the
appropriate examination for certification as a surveyor intern.



                                                      148
  D. Upon successfully completing the examination, the applicant may be certified as a surveyor intern by
action of the board.
  E. The certification of surveyor intern does not permit the registrant to practice surveying. Certification
as a surveyor intern is intended to demonstrate that the intern has obtained certain skills in surveying
fundamentals and is pursuing a career in surveying.

61-23-27.2. Registration of professional surveyor; requirements. (Effecti ve until July 1, 2000.)
        [Note: Superceded by 61-23-27.4]

  A. Registration as a professional surveyor may be through examination or through endorsement or
comity. In either case, an applicant shall file the appropriate application where he shall demonstrate that
he:
     (1) is of good moral character and reputation;
     (2) is certified as a surveyor intern;
     (3) has eight years of a combination of education and experience approved by the board; and
     (4) has five references, three of whom shall be registered professional surveyors having personal
knowledge of the applicant's surveying experience.
  B. The applicant's experience shall, as a minimum, include three years of increasingly responsible
experience in boundary surveying and four years of increasingly responsible experience under the direct
supervision of a registered professional surveyor.
  C. After acceptance of the application by the board, the applicant will be allowed to take the appropriate
examination for registration as a professional surveyor.
  D. Upon successfully completing the examination, the applicant may be registered as a professional
surveyor by action of the board.
  E. If otherwise qualified, an applicant may be registered if he is currently registered as a professional
surveyor in:
     (1) the District of Columbia, another state, territory or possession of the United States, provided that:
          (a) registration does not conflict with the provisions of the Engineering and Surveying Practice
Act [this article] and that the standards required by the registratio n or the applicant's qualifications
equaled or exceeded the registration standards in New Mexico at the time the applicant. was initially
registered; and
          (b) the applicant has passed examinations the board deems necessary to determine his
qualifications, including a written examination that includes questions on laws, procedures and practices
pertaining to surveying in this state; or
      (2) a foreign country and can demonstrate to the board's satisfaction:
          (a) evidence that the registration was based on standards that equal or exceed those presently
required for registration by the Engineering and Surveying Practice Act; and
          (b) his competence in current surveying standards and procedures by passing examination s the
board deems necessary to determine the applicant's qualification including a written examination that
includes questions on laws, procedures and practices pertaining to surveying in New Mexico.

61-23-27.3. Certificati on of surveyor intern; requirements, effecti ve July 1, 1995. (Effecti ve July 1,
1995, until July 1, 2000.)

  A. Effective July 1, 1995, an applicant for cert ification as a surveyor intern shall file the appropriate
application where he shall demonstrate that he:
      (1) is of good moral character and reputation;
      (2) has obtained at least a senior status in a board-approved four-year curriculu m in surveying; and
      (3) has three references, two of who m shall be registered professional surveyors having personal
knowledge of the applicant's knowledge and experience.
  B. After acceptance of the application by the board, the applicant shall be allowed to take the appropriate
examination for cert ification as a surveyor intern.
  C. Upon successfully comp leting the exa mination and an approved four-year surveying curriculu m, then
by action of the board, the applicant may be cert ified as a surveyor intern.




                                                     149
   D. The certification of surveyor intern does not permit the registrant to practice surveying. Certificat ion
as a surveyor intern is intended to demonstrate that the intern has obtained certain skills in surveying
fundamentals and is pursuing a career in surveying.
   E. If otherwise qualified, a graduate of an unapproved but related curriculu m of at least four years , to be
considered for cert ification as a surveyor intern, shall have a specific record of four years of co mbined
office and field board-approved surveying experience obtained under the direction of a registered
professional surveyor. Time spent in obtaining the unapproved or related curriculu m will not be counted in
the four years of required experience.

61-23-27.4. Registration as a professional surveyor; general requirements; effecti ve Jul y 1, 1995.
(Effecti ve Jul y 1, 1995, until July 1, 2000.)

  A. Effective July 1, 1995, registration as a professional surveyor may be either through examination or
through endorsement or co mity. In either case, an applicant shall file the appropriate application where he
shall demonstrate that he:
       (1) is of good moral character and reputation;
(2) is certified as a surveyor intern;
        (3) has at least four years of approved surveying experience after graduation; and
        (4) has I'lve references, three of wh ich shall be fro m registered profession al surveyors
 having personal knowledge of the applicant's surveying experience.
   B. The applicant's experience shall, as a minimu m, include three years of increasingly
 responsible experience in boundary surveying and four years of increasingly resp onsible
 experience under the direct supervision of a registered professional surveyor.
   C. After acceptance of the application by the board, the applicant shall be allo wed to take
 the appropriate examination for registration as a professional surveyor.
   D. Upon successfully comp leting the examination, the applicant shall be eligible to register
 as a professional surveyor upon action of the board.
   E. If otherwise qualified, an applicant may be registered if he is currently registered as a
 professional surveyor in:
        (1) the District of Colu mbia, another state, territory or possession of the United States, provided that:
           (a) registration does not conflict with the provisions of the Engineering and Surveying Pract ice
Act [this article] and that the standards required by the registration or the applicant's qualifications equaled
or exceeded the registration standards in New Mexico at the time the applicant was in itially registered,, and
           (b ) the applicant has passed examinations the board deems necessary to determine his
qualifications, including a written examination that includes questions on laws, procedures and practices
pertaining to surveying in this state; or
        (2) a foreign country and can demonstrate to the board's satisfaction:
           (a) evidence that the registration was based on standards that equal or exceed those presently
required for registration by the Engineering and Surveying Practice Act, and
           (b ) his co mpetence in current surveying standards and procedures by passing examinations the
board deems necessary to determine the applicants qualification includ ing a written examination that
includes questions on laws, procedures and practices pertaining to surveying in New Mexico.

61-23-27.5. Surveying; applicati on and exami nation fees. (Effecti ve until Jul y 1, 2000.)

   A. All applicants for licensure pursuant to the Engineering and Surveying Practice Act [this art icle] shall
apply for examination, registration or cert ification on forms prescribed and furnished by the board.
Applications shall be acco mpanied by the appropriate fee, any sworn statements the board may require to
show the applicant's citizenship and education, a detailed summary of h is technical wo rk and appropriate
references.
    B. A ll applicat ion, reapplication, examination and reexamination fees shall be set by the board and shall
not exceed the actual cost of carrying out the provisions of the Engineering and Surveying Practice Act.
Fees shall not be refundable.
    C. Any application may be denied for fraud, deceit, conviction of a felony or for any crime involving
moral turp itude.




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61-23-27.6. Surveying; exami nations. (Effecti ve until July 1, 2000.)

  The examinations for surveying certification and registration shall be held at least once a year at a time
and place the board directs. The surveying committee shall determine the passing grade on examinations.

61-23-27.7. Surveying; registration and renewal fees; expirations. (Effecti ve until July 1, 2000.)

  A. Reg istrations shall be for a period of two years as prescribed in the regulations and rules of procedure.
Initial cert ificates of registration shall be issued to coincide with the biennial period. The init ial registration
fee shall be co mputed proportionately to the amount of time remain ing in the biennial reg istration period.
  B. The board shall establish by regulation a biennial fee for professional surveyors. Renewal shall be
granted upon payment of the required fee and s atisfactory completion of the requirements of professional
development.
  C. The executive director shall send a renewal notice to each registrant's last known address. Notice shall
be mailed at least one month in advance of the date of expiration of the registration.
  D. It shall be the responsibility of the reg istrant to notify the board of any change of address and to
maintain the certificate of registration current.
  E. Upon receipt of a renewal fee and fu lfillment of other requirements, the board shall issue a registration
renewal card that shall show the name and registration number of the reg istrant and shall state that the
person named therein has been granted registration to practice as a professional surveyor for the biennial
period.
  F. Every certificate of registration shall automat ically exp ire if not renewed on or before the last day of
the biennial period. A reg istrant, however, shall be permitted to reinstate a certificate without penalty upon
payment of the required fee within sixty days of the last day of the biennial period. After exp iration of this
grace period, a delinquent registrant may renew a cert ificate by the payment of twice the biennial renewal
fee at any time up to twelve months after the renewal fee became due. Should the reg istrant wish to renew
an expired certificate after the twelve month period has elapsed, he shall submit a formal application and
fee as provided in Section 61-23-27.2 NMSA 1978, or if after Ju ly 1, 1995 as provided in Sect ion 61-23-
27.4 NM SA 1978 of the Engineering and Surveying Practice Act. The board, in considering the
reapplication, need not question the applicant's qualifications for reg istration unless the qualificat ions have
changed since the registration has expired.

61-23-27.8. Surveying certificates and seals. (Effecti ve until July 1, 2000.)

  A. The board shall issue certificates of reg istration under the Engineering and Surveying Practice Act
[this article]. The board shall provide for the proper authentication of all documents.
  B. The board shall regulate the use of seals.

61-23-27.9. Surveying; practice of surveying. (Effecti ve until July 1, 2000.)

  A. No firm, partnership, corporation or jo int stock association shall be reg istered under the Engineering
and Surveying Practice Act [this article]. No firm, partnership, corporation or jo int stock association shall
practice or offer to practice surveying in the state except as provided in that act.
  B. Pro fessional surveyors may engage in the practice of surveying and perform surveying work under the
Engineering and Surveying Practice Act as individuals, partners or through joint stock associations or
corporations.
  In the case of an indiv idual, the individual shall be a pro fessional surveyor under the Engineering and
Surveying Practice Act. All plats, drawings and reports that are involved in the practice, issued by or for
the practice, shall bear the seal and signature of a professional surveyor in responsible charge of and
directly responsible for the work issued. In the case of practice through a partnership, at least one of the
partners shall be a professional surveyor under that act, and in the case of a single professional surveyor
partner, all drawings or reports issued by or for the partnership shall bear the seal of the professional
surveyor partner who shall be responsible for the work. In the case of practice through a joint stock
association or corporation, services or work involv ing the practice of surveying may be offered through
such joint stock association or corporation provided the person in responsible charge of the activities of the
joint stock association or corporation which constitute the practice is a professional surveyor who has



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authority to bind such joint stock association or corporation by contract; and further provided that all
drawings or reports which are involved in such practice, issued by or for the joint stock association or
corporation, bear the seal and signature of a professional surveyor in responsible charge of and directly
responsible for the work when issued.
    C. An indiv idual, firm, partnership, corporation or joint stock association may not use or assume a
name involving the terms "surveyor", "professional surveyor" or "surveying" or any modification or
derivative of those terms unless that individual, firm, partnership, corporation or joint stock association is
qualified to practice surveying in accordance with the requirements in this section.

61-23-27.10. Surveying exemptions. (Effecti ve until July 1, 2000.)

  A. Officers and emp loyees of the government of the Un ited States engaged within New Mexico in the
practice of surveying for the government, provided that they offer no surveying services to the public, and
further provided that services do not affect the public, shall be exempt fro m the Engineering and Surveying
Practice Act [this art icle].
  B. A surveyor employed by a firm, association or corporation who performs only the surveying services
involved in the operation of the emp loyer's business shall be exempt fro m the provisions of the Engineering
and Surveying Practice Act, provided that neither the emp loyee nor the emp loyer offers surveying services
to the public.

61-23-27.11. Surveying ; vi olations; disciplinary acti ons; penal ties; reissuance of certi ficates.
(Effecti ve until Jul y 1, 2000.)

  A. The board may suspend, refuse to renew or revoke the certificate of registration, impose a fine not to
exceed five thousand dollars ($5,000), place on probation for a specific period of t ime with specific
conditions or reprimand any professional surveyor who is found by the board to have:
     (1) pract iced or offered to practice surveying in New Mexico in vio lation of the Engineering and
Surveying Practice Act [this article];
     (2) attempted to use as his own the certificate of another;
     (3) g iven false or forged evidence to the board or to any board member for obtain ing a certificate of
registration;
     (4) falsely impersonated any other registrant of like or different name;
     (5) attempted to use an expired, suspended or revoked certificate of registration;
     (6) falsely presented himself to be a professional surveyor by claim, sign, advertisement or letterhead;
     (7) v iolated the rules of professional responsibility for professional surveyors adopted and promulgated
by the board;
     (8) been disciplined in another state for action that would constitute a violation of either or both the
Engineering and Surveying Practice Act or the rules and regulations adopted by the board pursuant to the
Engineering and Surveying Practice Act;
     (9) been convicted of a felony; or
     (10) procured, aided or abetted any violation of the provisions of the Engineering and Surveying
Practice Act or the ru les and regulations adopted by the board.
   B. The board may by rule establish the guidelines for the disposition of disciplinary cases involving
specific types of violations. Guidelines may include min imu m and maximu m fines, periods of probation,
or conditions of probation or reissuance of a license.
   C. Failure to pay any fine lev ied by the board or to otherwise comply with an order issued by the board
pursuant to the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] shall be a misdemeanor and shall
be grounds for further action against the licensee by the board and for judicial sanctions or relief.
   D. Any person may prefer charges of fraud, deceit , gross negligence, incompetency or misconduct against
any registrant. Such charges shall be in writing, shall be sworn to by the person making them a nd shall be
filed with the executive director of the board. No action that would have any of the effects specified in the
Unifo rm Licensing Act, Subsection D, E, or F of Section 61 -1-3 NMSA 1978 may be init iated later than
two years after the discovery by the board but in no case shall such an action be brought more than ten
years after the complet ion of the conduct that constitutes the basis for the action. All charges shall be
referred to the surveying committee, acting for the board, or to the board. All charges, unless dismissed as




                                                      152
unfounded or trivial or resolved by reprimand, shall be heard in accordance with the provisions of the
Unifo rm Licensing Act by the surveying committee, acting fo r the board or by the board.
  E. Persons making charges shall not be subject to civil or criminal suits, provided the charges are made in
good faith and are not frivolous or malicious.
  F. The board or any board member may initiate proceedings under the provisions of this section in
accordance with the provisions of the Uniform Licensing Act. Nothing in the Engineering and Surveying
Practice Act shall deny the right of appeal fro m the decision and order of the board in accordance with the
provisions of the Uniform Licensing Act.
  G. The board, for reasons it deems sufficient, may reissue a certificate of reg istration to any person whose
certificate has been revoked or suspended, providing a majority of the members of the surveying
committee, acting for the board, or of the board vote in favor of such reissuance . A new certificate of
registration bearing the original reg istration number to rep lace any certificate revoked, lost, destroyed or
mutilated may be issued subject to the rules of the board with payment of a fee Determined by the board.
  H. The board shall prepare and adopt rules of professional responsibility for professional surveyors as
provided in the Engineering and Surveying Pract ice Act that shall be made known in writ ing to every
registrant and applicant for registration under that act and shall be published in the roster. Such publication
and public notice shall be in accordance with the Uniform Licensing Act. The board may rev ise and amend
these rules of professional responsibility fo r professional surveyors fro m time to time and shall notify each
registrant in writ ing of the revisions or amendments.
  I. A vio lation of any provision of the Engineering and Surveying Practice Act is a misdemeanor
punishable upon conviction by a fine of not more than five thousand dollars ($5,000) or by imprison ment
of no mo re than one year, or both.
  J. The attorney general or district attorney of the proper district or special prosecutor retained by the
board shall prosecute violations of the Engineering and Surveying Practice Act by a nonregistrant.
  K. The pract ice of surveying in vio lation of the provisions of the Engineering and Surveying Practice Act
shall be deemed a nuisance, and may be restrained and abated by injunction without bond in an action
brought in the name o f the state by the district attorney or on behalf of the board by the attorney general or
the special prosecutor retained by the board. Action shall be brought in the county in which the vio lation
occurs.

61-23-27.12. Surveying ; professional development. (Effecti ve until July 1, 2000.)

 The board shall imp lement and conduct a professional development program. Co mpliance and
exceptions shall be established by the regulations and rules of procedure of the board.

61-23-27.13. Surveying ; public work. (Effecti ve until Jul y 1, 2000.)

 It is unlawful for the state or any of its political subdivisions to engage in the construction of any public
work involv ing surveying unless the surveying is under the responsible charge of a registered professional
surveyor.

61-23-27.14. Surveying ; public officer; registration required. (Effecti ve until Jul y 1, 2000.)

  No person except a reg istered professional surveyor shall be elig ible to hold any responsible office or
position for the state or any political subdivision of the state which requires t he performance or responsible
charge of surveying work.

61-23-28. Reference marks; removal or obliterati on; replacement. (Effecti ve until July 1, 2000.)

  When it becomes necessary by reason of the construction of public or private works to remove or
obliterate any triangulation station, benchmark, corner, monument, stake, witness mark or other reference
mark, it shall be the duty of the person in charge of the work to cause to be established by a registered
surveyor one or mo re permanent reference marks which shall be plainly marked as witness corners or
reference marks as near as practicable to the original mark, and to record a map, field notes or both with the
county clerk and county surveyor of the county wherein located, showing clearly the positio n of the marks
established with reference to the position of the orginal [original] mark. The surveys or measurements



                                                      153
made to connect the reference marks with the original mark shall be of at least the same order of p recision
as the original survey.

61-23-28.1. Surveying; record of survey. (Effecti ve until July 1, 2000.)

 A. Except as provided in Subsection C of this section, after the comp letion of a boundary survey in
conformity with the practice of surveying as defined in the Engineering and Surveyin g Practice Act [this
article] and in co mp liance with the minimu m standards for surveying as published by the board, a
professional surveyor shall file with the county clerk in the county in which the survey was made a record
of survey relating to land boundaries and property lines. The county clerk shall accept and record the
record of survey. Filing procedures shall be prescribed in the board's minimu m standards. The record of
survey required to be filed and recorded pursuant to this section shall be fi led within thirty calendar days
after the comp letion of the survey or approval by the governing authority.
  B. Fees for record ing a record of survey will be in conformance with Sections 14-8-12 through 14-8-16
NMSA 1978. The county clerk shall keep a proper index of the record of survey by the name of the owner
and by section, township and range or projected section, township and range if the subject tract is in a land
grant and with references with other legal subdivisions. These records shall be kept in conformance with
Sections 14-8-12 through 14-8-16 NMSA 1978.
  C. For those surveys that do not create a division of land but only show existing tracts of record, a
professional surveyor shall file and the county clerk shall accept and record a plat of s urvey entitled
"boundary survey plat" that shall:
      (1) have on it a printed certification by the professional surveyor stating that "this is a boundary
survey plat of an existing tract", or existing tracts if appropriate, and that "it is not a lan d div ision or
subdivision as defined in the New Mexico Subdivision Act';
      (2) identify all tracts shown by the uniform parcel code designation established by the county assessor;
      (3) meet the minimu m standards for surveying in New Mexico as established by the board;
      (4) not exceed a size of eighteen inches by twenty-four inches and be at least eight and one-half inches
by eleven inches; and
      (5) consist of two black-line copies made by the surveyor from a my lar orig inal, wh ich he shall
maintain in his files; one shall be filed and recorded by the county clerk and the other with the recording
informat ion on it shall be delivered by the county clerk to the county assessor.

61-23-29. Repealed.

61-23-29.1. Repealed.

61-23-30. Right of entry on public and pri vate property; responsi bility. (Effecti ve until July 1, 2000.)

  The engineers and surveyors of the United States and registered professional engineers and surveyors of
the state of New Mexico shall have the right to enter upon the lands and waters of the state and of private
persons and of private and public corporations within the state for the purpose of making surveys,
inspections, examinations and maps, subject to responsibility for actual damage to crops or other prop erty
or for inju ries resulting fro m negligence or malice caused on account of that entry.

61-23-31. Licensure under pri or laws . (Effecti ve until July 1, 2000.)

  Any person holding a valid reg istration as a professional engineer, professional surveyor, professional
engineer and surveyor or certification as an engineer intern, o r surveyor intern granted by the board under
any prior law o f New Mexico shall not be required to make a new application or to submit to an
examination, but shall be entitled to the renewal of such registration upon the terms and conditions of the
Engineering and Surveying Practice Act [this article].




                                                     154
61-23-31.1. Good samaritan. (Effecti ve until July 1, 2000.)

  A. A pro fessional engineer or professional surveyor who voluntarily, without compensation, at the
request of a state or local public official acting in an official capacity, provides structural, electrical,
mechanical, other engineering services, or surveying at the scene of a declared national, state, or local
emergency caused by a majo r earthquake, hurricane, tornado, fire, exp losion, flood, collapse or other
similar d isaster or catastrophic event, shall not be liable fo r any personal injury, wrongful death, property
damage, or other loss caused by the engineer's or surveyor's acts, errors, or o missions in the performance of
any surveying or engineering services for any structure, build ing, piping or other engineered system,
publicly owned.
  B. The immunity provided shall apply only to a voluntary engineering or surve ying service that occurs
within th irty days of the emergency, disaster, or catastrophic event, unless extended by an executive order
issued by the governor under the governor's emergency executive powers. Nothing in th is section shall
provide immun ity for wanton, willfu l or intentional misconduct.

61-23-32. Termination of agency life; delayed repeal. (Effecti ve until Jul y 1, 2000.)

  The state board of registration for professional engineers and surveyors is terminated on July 1, 1999
pursuant to the Sunset Act[12-9-11 to 12-9-21 NMSA 1978]. The board shall continue to operate
according to the provisions of the Engineering and Surveying Pract ice Act [this article] until July 1, 2000.
Effective Ju ly 1, 2000, the Engineering and Surveying Pract ice Act is repealed.


                     CHAPTER 62 -- EL ECTRIC, GAS AND WATER UTILITIES
                         Article 1 -- Incorporation and Powers of Utilities

Sec.
62-1-4. Eminent domain; surveys; entry on property;
        crossing right-of-way of another corporation.

62-1-4. Emi nent domain; surveys; entry on property; crossing right-of-way of another corporation.

  A. Corporations organized pursuant to Section 62-1-1 NMSA 1978 are authorized to enter upon any
property belonging to the state or to persons, firms or corporations for the purpose of makin g surveys and
fro m t ime to time to appropriate so much of such property, not exceeding a strip one hundred feet wide in
any one place, as may be necessary for their purpose. The corporations have the right of access to such
property to construct and place their lines, pipes, poles, cables, conduits, towers, stations, fixtures,
appliances and other structures and to repair them. If a corporation cannot agree with the owners as to a
right-of-way or the co mpensation for a right-of-way, the corporation may proceed to obtain the right-of-
way in the manner provided by law for condemnation of such property. Where it is necessary to cross the
right-of-way of another corporation, the crossing shall be effected either by mutual agreement or in the
manner now provided by law for the crossing of one railroad by another railroad; provided that the
construction of any electric transmission lines crossing the right-of-way of a railroad shall co mp ly with the
minimu m standards of the national electric safety code. When it is necessary for a corporation to construct
any transmission line and associated facilities for the transmission of electrical power requiring a width for
right-of-way of greater than one hundred feet, unless that width is agreed to by the parties, the ap plicant for
the right-of-way shall apply to the New Mexico public utility co mmission as provided in Section 62 -9-3.2
NMSA 1978 for a determination of the width necessary for the right-of-way for the transmission line.
  B. For the purposes of this section, "corporation" means individuals, firms, partnerships, companies,
municipalities, rural electric cooperatives organized under Laws 1937, Chapter 100 or the Rural Electric
Cooperative Act [62-15-1 to 62-15-32 NMSA 1978], lessees, trustees or receivers appointed by any court.




                                                      155
                                      CHAPTER 67 -- HIGHWAYS
                                  Article 3 -- State Highway Commission

Sec.
67-3-26. Duties of state highway engineer;
        disbursement of state road fund.

67-3-26. Duties of state highway engineer; disbursement of state road fund.

  The state highway engineer shall have charge of all records of the commission; shall keep a record of all
proceedings and orders pertaining to the business of his office and of the state highway commission; and
shall keep on file copies of all p lans, specifications and estimates prepared by his office. He shall cause to
be made and kept in this office a general highway plan of the state; and shall prepare, or cause to be
prepared, or call upon the county surveyor or the county highway superintendent to furnish, a map showing
all of the main highways of the several counties of the state, and shall, under the direction of the state
highway commission, select and designate the highways that should comprise a system of state roads,
which shall, as nearly as practicable, be such as will best serve the traffic needs and develop the resources
of the state. Upon its adoption by the state highway commission, the system of state roads so designated
shall be imp roved as soon thereafter as practicable, under the provisions o f this act and such other
provisions as the legislature may enact therefor. The system of state roads so designated may be changed
or added to, fro m time to time, by the state highway engineer, subject to the approval of the state highway
 commission. The state highway engineer shall collect info rmation with reference to the mileage, character
and condition of the highways and bridges in the several counties of the state, and shall investigate and
determine the methods of road construction and maintenance best adapted to the various sections of the
state, having due regard to topography, natural conditions, the availability of road building materials, the
prevailing traffic conditions and the ability of the counties to meet the cost of building and maintaining
roads and bridges therein. He may, at all reasonable times, be consulted by county and other officials
having authority over highways and bridges, relative to any question affecting such highways and bridges;
and he may in like manner call on county road officials and county surveyors for any informat ion or maps
relative to the location, character and condition of the highways and bridges within their ju risdiction or
control, and any such official who shall fail to supply such information, when so called upon, shall be
guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not less than ten dollars
($10.00) nor mo re than one hundred dollars ($100). He shall determine the character of, and have
 supervision over, the construction, repair and maintenance of all state roads and bridges improved under
the provisions of this act, and shall prepare, or approve all plans and specifications and estimates therefor.
He shall report the proceedings of his office annually to the state h ighway commission, at such time as it
may designate. All moneys in the state road fund shall be expended only upon itemized vouchers approved
by the state highway engineer, filed with the department of finance and administration and warrants drawn
by the secretary of finance and administration upon the state treasurer.


                                       CHAPTER 67 -- HIGHWAYS
           Article 5 -- Vacati on, Alterati on and Es tablishment of County Roads and Bri dges

Sec.                                                   Sec.
67-5-1. County bridges, township and section lines     67-5-11. Service of warrants; return; refusal of
         are parts of public h ighways; width.                   v iewer to serve; forfeiture.
67-5-2. Width of public highways.                      67-5-12. Duties of road viewers; plats.
67-5-3. Repealed.                                      67-5-13. Replacing road viewers.
67-5-4. Discontinuance; procedure; viewers;            67-5-14. Report of v iewers; contents; compensation.
        County-line roads.                             67-5-15. Consideration of viewer's report by county
67-5-5. Alterat ion or establishment; petition;                 co mmissioners; additional data.
        contents.                                      67-5-16. Approval of road opening; recording
67-5-6. Establish rights-of-way.                                viewers' report.
67-5-7. Pet itioners' deposit or bond covering         67-5-17. Notice of road opening; prerequisites;
         expense.                                               posting.



                                                     156
67-5-8. Proposed county-line roads; petitions;          67-5-18. Damages exceeding benefits; persons under
         v iewers; opening and maintaining.                      disability.
67-5-9. Viewers for proposed alteration or              67-5-19. Determination of damages on appeal to
         establishment; appointment; notice of                      district court.
         t ime and place for v iewing; posting.         67-5-20. Establish ment on petition of all owners.
67-5-10. Warrants to viewers; contents.                 67-5-21. Private roads; procedure for
                                                                 establishment.

67-5-1. [County bri dges, townshi p and section lines are parts of public highways; wi dth.]

  County bridges are parts of public highways and must not be less than sixteen feet in width; when
practicable the county commissioners shall declare all township and section lines, public highways of not
less than forty feet in width, and where there is no imp rovement, no co mpensation shall be paid for such
highways.

67-5-2. [Wi dth of public highways.]

 All public highways laid out in this state shall be sixty feet in width unless otherwise ordered by the
board of county commissioners.

67-5-3. Repealed.

67-5-4. [Discontinuance; procedure; viewers; county-line roads.]

  Whenever, in the opinion of the board of county commissioners of any county, any ro ad or part of road
then established and maintained as a public highway is not needed, or the repairs of the same are
burdensome and in excess of the benefits therefrom, they may at a regular meeting appoint a board of
commissioners of three freeholders of the county as viewers, to view such road or part of road, and make
report thereof to the board of county commissioners at their next regular meet ing, setting forth fully their
finding, and if they reco mmend a d iscontinuance of such road or part of road, th en the board of county
commissioners may order the same vacated: provided, that if such road runs on the county line between
two counties, the county commissioners of both the counties interested shall appoint viewers and the
concurrence of the county commissioners of both counties shall be necessary to vacate it.

67-5-5. [Alterati on or establishment; petition; contents.]

  The board of county commissioners may alter, widen or change any established road or lay out any new
road in their respective counties, when petitioned by ten freeholders residing within t wo miles of the road
sought to be altered, widened, changed or laid out. Said petition shall set forth a description of the road
sought to be altered, widened or changed and if the petition be for a new road it shall set forth the points
where it is to terminate.

67-5-6. Establish rights-of-way.

  The board of county commissioners, in their respective counties, may establish township and section lines
as rights-of-way of not less than thirty feet in width for the purpose of constructing gas lines or drainage
ditches when petitioned by ten freeholders residing within five miles of any proposed right -of-way;
provided that each petition shall apply to rights -of-way not exceeding two (2) miles in length.

67-5-7. [Petiti oners' deposit or bond covering viewi ng expense.]

  The petitioners shall deposit with the county clerk o f the county in which any road is sought to be altered,
widened, changed or laid out and established, a sufficient sum of money, which shall be fixed by the board
of county commissioners, to defray the expense of viewing the proposed road, which sum shall be paid into
the county road fund in case the prayer of the petitioner is refused, but if the board of county
commissioners alter, widen, change or lay out such road, then such sum shall be returned to the person or



                                                      157
persons depositing the same. The petit ioners in lieu of such deposit may file with the county clerk
aforesaid, a good and sufficient bond conditioned for the payment of the expenses of viewing such road
should the prayer of the petitioner be refused.

67-5-8. [Proposed county-line roads; petitions; viewers; opening and maintaining.]

  If any proposed highway be on the county line between two counties, the board of count y commissioners
of each county interested shall be petitioned, and each of such boards shall appoint three viewers, qualified
as in other cases, who, or a majority of whom, shall meet at a time and place named by the board of county
commissioners first interested and proceed to view and mark out the road, and report to the board of county
commissioners of both counties, as in other cases, and the concurrence of the county commissioners of both
such counties shall be necessary to establish it. And, if any s uch road be established, each of such counties
shall open and maintain a defin ite part thereof, which the board of county commissioners of such counties
shall apportion by mutual agreement between the two counties, and if the board of county commissioners
cannot agree upon their apportionment, they may refer the matter to three disinterested freeholders as
arbitrators, whose duty it shall be to apportion the same and report thereon to the boards of county
commissioners of both counties.

67-5-9. [Viewers for proposed alteration or establishment; appoi ntment; notice of ti me and pl ace for
viewing; posting.]

  It shall be the duty of the board of county commissioners of any county in the state at their next meeting,
after a petition as required in Sect ion 67-5-5 NMSA 1978 is received, to appoint a board of co mmissioners
of three freeholders of the county to view and mark out the road prayed for in the petition, and to fix a time
for such view and to cause notices to be posted in three of the most public places , along the new proposed
road, at least five days previous to the day fixed for the view thereof, g iving parties in interest notice that at
the time fixed by the board of county commissioners the viewers so appointed will meet at the point
designated in the petition as the starting point of such road, to attend to their duties as viewers.

67-5-10. [Warrants to viewers; contents.]

  The county clerk shall issue a warrant directed to the viewers appointed, setting forth their appointment,
and requiring the m to meet at the time and place named by the board of county commissioners, and to
proceed to view and mark out such road and to assess the damages and benefits accruing to the owner or
owners of any of the lands over which the same may pass, by reason of the alteration, changing, widening
or location thereof, and the proper cost of opening such road for travel.

67-5-11. [Service of warrants; return; refusal of viewer to serve; forfeiture.]

  The sheriff of the proper county shall serve the warrant mentioned in the preceding section [67-5-10
NMSA 1978] by delivering a copy to each of the viewers named therein, and the original shall be returned
to the county clerk with his endorsement of service made thereon. Any person appointed road viewer and
duly served with a warrant, who shall willfully neglect or refuse to act, shall forfeit the sum of twenty -five
dollars ($25) to the county.

67-5-12. [Duties of road viewers; pl ats.]

  The viewers shall meet at the time and place specified in the warrant, and co mmence at the place
designated in said petition, as the starting point of the road sought to be altered, widened, changed or laid
out and established, the said viewers shall proceed to view and mark out the same by setting stakes, blazing
trees, turning a furrow or other appropriate monu ments to the terminus named in the petition by the most
practicable and convenient route that they in their judgment can find. They shall assess the benefits and
damages accruing to all persons by reason of the alteration, widening, changing or lay ing out of such road,
and award to any person damages in excess of the benefits accruing to him or them a sum equal to such
excess. And if the viewers or a majority of them, be of the opin ion that the road should be altered,
widened, changed or laid out and established, they shall cause a survey and plat of the same to be made by



                                                       158
the county surveyor, or other competent person, giving the courses and distances and specifying the land
over which the road extends.

67-5-13. [Repl acing road viewers.]

  If any viewer duly appointed and served with warrant refuses to act or is disqualified or does not appear,
the other two viewers may fill such vacancy, or if but one of the viewers appears who is qualified and
consents to act, he shall appoint two others who shall be freeholders to assist him and they shall proceed to
view such road.

67-5-14. [Report of viewers; contents; compensation.]

  The viewers shall file a report of the view in the office of the county clerk of the county in wh ich such
view was made, ten days before the next regular meeting of the board of county commissioners held after
the same is co mpleted, wh ich shall be signed by a majority of the viewers and shall contain a fu ll statement
of their proceedings, a description of the land over wh ich such road extends, an estimate of the cost of
opening it for travel, an assessment of the damages and benefits accruing to any person or persons by
reason of the alteration, widening, changing or laying out of such road and the sum awarded any person or
persons for damages in excess of the benefits assessed to him or them, and if such road be practicable, and
the establishment of it be reco mmended by them. To this report the viewers shall annex the plat, survey
and report of the surveyor. For their services the viewers shall receive a warrant on the county treasurer for
a sum to be fixed by the county commissioners, not exceeding five dollars [($5.00)] per day.

67-5-15. [Considerati on of viewer's report by county commissioners; additional data.]

  The board of county commissioners at their next regular meeting, after the filing of such report, shall
proceed to consider the same and all object ions that there may be made thereto, and they shall determine
whether or not such road shall be established and opened for travel. And they may refer the matter of
viewing to the same or other viewers with instructions to report in like manner, as herein required, or
specially upon some particular matter.

67-5-16. [Approval of road opening; recording viewers' report.]

  If the board of county commissioners determine [determines] to open any such road, they shall cause the
full and final report of the viewers including the plat and report of the surveyor to be recorded in the office
of the county clerk and recorded, in a book kept for that purpose.

67-5-17. [Notice of road opening; prerequisites; posting.]

  The board of county commissioners having considered the report of any road review, and the
compensation to which any person or persons damaged having been ascertained and paid to the owner or
owners or into court for him or them, may order the road to be open for travel and declared a public
highway. And if they do so, or order, they shall cause notices to be posted at three public pla ces along the
line of such road, giving all parties notice that they have or will direct their proper officers to open and
work the same fro m and after sixty days fro m the date of such notice: provided, no such road shall be
ordered opened through fields of growing crops or along a line where gro wing crops would thereby be
exposed to stock until the owner or owners of such crops shall have sufficient time to harvest and take care
of the same.

67-5-18. [Damages exceeding benefits; persons under disability.]

   If the damages assessed to any person or persons by reason of the alteration, widening, changing or
laying out of any road, shall exceed the benefits, the excess shall be paid to such person or persons by
warrant on the county treasurer for the amount. If any person or persons to whom damages are awarded, be
under disability or cannot be found, the same shall be set apart to such person or persons in the county
treasury.



                                                      159
67-5-19. [Determination of damages on appeal to district court.]

   If any person or persons be of the opinion that the damages awarded him or them by the viewers are
inadequate and insufficient, the board of county commissioners may agree with such person or persons
upon the measure of the same, and should they fail to so agree su ch person or persons may appeal fro m the
decision of the viewers to the district court of the county and evidence shall be taken before the court or a
referee as in other cases and the court shall determine the amount of damages and render judgment
accordingly.

67-5-20. [Establishment on peti tion of all owners.]

   Whenever a petition shall be presented to the board of county commissioners of any county of this state
praying for a public highway, and the names of all the owners of all the land through wh ich said road is to
be laid out, shall be signed by the owners thereof to said petition, giving the right -of-way through the land,
and accompanied by a plat of the road, it shall be the duty of the board of county commissioners, if in their
opinion, the public good requires it, to declare the same a public highway, and thereupon a plat shall be
filed and recorded and the said road shall beco me a public highway fro m and after that date.

67-5-21. [Pri vate roads; procedure for establishment.]

  The matter o f laying out any private wagon road fro m the dwelling of any person to any public road and
of condemning the lands necessary therefor shall be the same as hereinbefore provided, excepting that the
viewers of the same shall only receive co mpensation for one day's service, and mileage to and fro m their
respective residence; and the petition in such cases need only be signed by such person, and the expense of
viewing and surveying such road and the damages that may accrue, to any person by reason of laying out
the same, and the expense of opening such road shall be paid by such petitioner.


                                        CHAPTER 67 -- HIGHWAYS
                                      Article 13 -- Scenic Highway Zoning

Sec.                                                    Sec.
67-13-1. Short tit le.                                  67-13-11.   Appeals; grounds; stay of proceedings.
67-13-2. Legislative declaration.                       67-13-12.   Zoning; petition for review; t ime limit;
67-13-3. Defin itions.                                              restraining order.
67-13-4. Creation of scenic highway zones.              67-13-13.   Zoning enforcement.
67-13-5. Boundaries of scenic highway zones.            67-13-14.   Conflicts between zoning regulations and
67-13-6. Board powers; delegation allo wed.                         other laws.
67-13-7. Decision of board final.                       67-13-15.   Authority to contract.
67-13-8. Administrative powers of board.                67-13-16.   Application of act.
67-13-9. Zoning authority.
67-13-10. Zoning; regulations and restrictions;
          public hearings required; notice.

67-13-1. Short title.

 Th is act [67-13-1 to 67-13-16 NMSA 1978] may be cited as the 'Scenic Highway Zon ing Act."

67-13-2. Legislati ve decl aration.

  It is declared as a matter of leg islative determination that:
       A. the powers and duties provided in the Scenic Highway Zoning Act [67 -13-1 to 67-13-16 NMSA
1978] will serve a public use and will pro mote the health, safety, prosperity, security and general welfare of
the inhabitants of New Mexico;




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       B. the operation of zoning ord inances and agreements authorized in the Scenic Highway Zoning Act
is in the public interest and constitutes a part of the established an d permanent policy of the state;
       C. the scenic highway zones hereby authorized will be a special benefit to the property within and
adjacent to them;
       D. the notice provided in the Scen ic Highway Zoning Act for each hearing and action to b e taken is
reasonably calculated to inform any person of interest in any proceedings hereunder which may d irectly
and adversely affect his legally protected interests; and
       E. for the accomp lishment of these purposes, the provisions of the Scenic Highway Zoning Act shall
be broadly construed.

67-13-3. Defini tions.

  As used in the Scenic Highway Zoning Act [67-13-1 to 67-13-16 NM SA 1978]:
     A. 'board' means aboard of county commissioners;
      B. "highway' means any United States highway, state highway or any combination of such highways
used for vehicular traffic;
      C. "person" means any human being, association, partnership, firm or corporation, excluding a public
body and excluding the federal government;
      D. "public body" means the state of New Mexico or any agency, instrumentality or corporation
thereof, or any municipality, school district or other district or any other polit ical subdivision of the state,
excluding the federal government; and
      E. "real property' means:
         (1) land, including land under water;
         (2) build ings, structures, fixtures and improvements on land;
         (3) any property appurtenant to or used in connection with land; and
         (4) every estate, interest, privilege, easement, franchise and right in land, legal or equitable,
including without limit ing the generality of the foregoing, rights -of-way, terms for years and liens and
charges or encumbrances by way of judgment or otherwise, and the indebtedness secured by such liens.

67-13-4. Creation of scenic highway zones.

  The board of county commissioners of any county, through which any highways extend, wh ich highways
have been designated by a joint memorial of both houses of the legislature as being a scenic road, may
establish or amend by ordinance a scenic highway zone, provided such ordinance is enacted or amended by
the unanimous vote of the entire board of county commissioners.

67-13-5. Boundaries of scenic highway zones.

  The boundaries of a scenic -highway zone are limited to a strip of real p roperty five hundred feet wide on
each side of the right-of-way o f any highways established as a scenic highway zone by ordinance of the
county.

67-13-6. Board powers; delegati on allowed.

  A ll powers, rights, privileges and duties vested in or imposed upon county commissioners shall be
exercised and performed by the board; provided, that the exercise of any and all executive, ad ministrative
and ministerial powers may be, by the board, delegated and redelegated to officers and emp loyees of the
county.

67-13-7. Decision of board final.

  The act ion and decision of the board as to all matters passed upon it in relat ion to any action, matter or
thing provided herein shall be final.




                                                       161
67-13-8. Admi nistrati ve powers of board.

  The board may make and pass resolutions, regulations, ordinances and orders not repugnant to the
provisions of the Scenic Highway Zoning Act [67-13-1 to 67-13-16 NMSA 1978], necessary or proper for
the government and management of the affairs of a scenic highway zone, for the execution of the powers
vested in the board and for carrying into effect the provisions of the Scenic Highway Zoning Act.

67-13-9. Zoning authority.

  A. For the purpose of promoting the health, safety and the general welfare, and for the purpose of historic
preservation, a county commission is a scenic highway zoning authority, with all of the powers provided
for a mun icipal zoning authority under Sections 3-21-1 through 3-21-26 NMSA 1978 o f the Municipal
Code as modified by the provisions of the Scenic Highway Zoning Act [67 -13-1 to 67-13-16 NMSA 1978],
which provisions shall control, within a scenic highway zone and may through its ordinance power regulate
the reasonable location and use of buildings, structures and real property.
  B. The scenic highway regulations and restrictions must be in accordance with a co mprehensive plan and
be designed to achieve the purposes stated in Subsection A of this section, and encourage the most
appropriate use of real property within the area of a scenic highway zone.

67-13-10. Zoning; regul ati ons and restrictions; public hearings required; notice.

  A. A county within its jurisdiction shall provide fo r the manner in wh ich scenic highway zoning
regulations and restrictions are determined, established, enforced, amended, supplemented and repealed.
  B. No proposed scenic highway zoning regulat ion or restrict ion shall become effect ive, be amended,
supplemented or repealed until after a public hearing at which all parties in interest and citizens shall have
an opportunity to be heard. Bilingual notice of the date, time and place of the public hearing shall be
published for two consecutive weeks at least fifteen days prior to the date of the hearing, in a newspaper of
general circulation within the respective county. The notice shall contain, in addition to the date, time and
place of the hearing, the tit le of the ord inance, a summary of its contents and a statement as to the time
and place where copies of the ordinance may be obtained and where a display of zoning maps may be
studied.
  C. Whenever a change in zoning is proposed, notice of the public hearing on the ordinance shall be
published as required by the preceding subsection and in addition, notice of the public hearing shall be
mailed by certified mail, return receipt requested, to the owners, as shown by the records of the county
assessor, of lands or lots within the area proposed to be changed and which are within three hundred feet,
excluding right-of-way, of the area proposed to be changed.
  D. If any owner of real property included in the area proposed for a change in zoning, p rotests in writing
the proposed change, the proposed change in zoning will not become effective unless the change is
approved by the unanimous vote of the entire board of county commissioners.

67-13-11. Appeals; grounds; stay of proceedings.

  A. The board shall provide, by resolution, the procedure to be followed in considering appeals allo wed by
this section. A record shall be made of all proceedings.
  B. Any aggrieved person or any public body affected by a decision of an admin istrative officer, in the
enforcement of the Scen ic Highway Zoning Act [67-13-1 to 67-13-16 NM SA 1978], or any ordinance,
resolution, rule or regulation adopted pursuant to these sections may appeal to the board. An appeal shall
stay all p roceedings in furtherance of the action appealed unless the officer fro m who m the appeal is taken
certifies that by reason of facts stated in the certificate, a stay would cause imminent peril of life or
property. Upon certification, the proceedings shall not be stayed except by order of the board.
  C. When an appeal alleges that there is an error in any order, requirement, decision or determination by
an administrative official o r any board in the enforcement of the Scenic Highway Zoning Act or any
ordinance, resolution, rule or regulat ion adopted pursuant to these sections, the board, by a majority vote of
the quorum present, may:
      (1) authorize, in appropriate cases and subject to appropriate conditions and safeguards, special
exceptions to the terms of the zoning ordinance or resolution:



                                                     162
        (a) which are not contrary to the public interest;
        (b ) where, owing to special conditions, a literal enforcement of the zoning ordinance will result in
unnecessary hardship; and
        (c) so that the spirit of the zoning ordinance is observed and substantial justice done; or
     (2) in conformity with the Scenic Highway Zoning Act:
        (a) reverse any order, requirement, decision or determination of an ad min istrative official;
        (b ) decide in favor of the appellant; or
        (c) make any change in any order, requirement, decision or determination of an ad ministrative
official.

67-13-12. Zoning,- petition for review; ti me li mit; restraining order.

  A. Any person aggrieved by a decision of the board may appeal to the court of appeals by filing with the
court of appeals a notice of appeal within thirty days after the decision is entered in the records of the
board.
  B. The appeal shall not stay the decision appealed fro m, but the court may, on application, grant a
restraining order.

67-13-13. Zoning enforcement.

  A. The Scenic Highway Zoning Act [67-13-1 to 67-13-16 NMSA 1978], and any ordinance adopted
pursuant to it, shall be enforced by the board in the same manner as municipal ord inances are enforced
under Sections 3-21-8 through 3-21-11 NMSA 1978 o f the Municipal Code.
  B. In addition, if any build ing or structure is erected, constructed, reconstructed, altered, extensively
repaired or converted, or any structure, building or real property is used in violation of the Scenic Highway
Zoning Act, or any ordinance adopted pursuant thereto, the board may institute any appropriate action or
proceedings to:
    (1) prevent such unlawful erect ion, construction, reconstruction, alteration, extensive repair,
conversion or use;
   (2) restrain, correct or abate the violation;
    (3) prevent the occupancy of such building, structure or real property; or
    (4) prevent any illegal act, conduct, business or use in or about such premises.
  C. The ordinances, rules and regulations, together with any officially adopted zoning map of the scenic
highway zone, shall be filed in the office of the county clerk and shall be made available for examination
by any citizen.

67-13-14. Conflicts between zoni ng regulati ons and other l aws.

  If any other statute or regulation or any local ordinance of any co unty or municipality is applicable to any
premises within the boundaries of the scenic highway zone, the provisions of the existing statute, regulation
or local ordinance shall govern within the geographical boundaries of the county or municipality. If an y
other statute or regulation or any local county or municipal ordinance is applicable to any real property
within the boundaries of the scenic highway zone, the provisions shall govern which require:
     A. the lower height of buildings or a lessor number of stories;
     B. the greater percentage of land to be left unoccupied;
     C. the greater size of open space or use not requiring a structure or build ing; or
     D. higher standards for scenic and historic values.

67-13-15. Authori ty to contract.

  Aboard may contract for staff assistance and the service of another body, if the other body is a:
    A. state agency;
    B. federal agency; or
    C. planning or zoning co mmission of a county or municipality within the boundaries of the scenic
highway zone.




                                                      163
67-13-16. Application of act.

  Nothing in the Scenic Highway Zoning Act [67-13-1 to 67-13-16 NMSA 1978] shall be construed to
derogate from any powers of the state highway commission under the Highway Beautificat ion Act [67-12-1
to 67-12-14 NMSA 1978], or the powers of the state highway commission relating to the construction,
repair o r maintenance of highways, or to require any act or o mission on the part of the highway
commission which is inconsistent with federal o r state laws, regulat ions or policies. Nothing in the Scenic
Highway Zoning Act shall be construed so as to affect or limit in any way any nonconforming use in
existence on the effective date of the Scenic Highway Zoning Act or any ordinance adopted pursuant
thereto.


                                         CHAPTER 69 -- MIN ES
                              Article 3 -- Mi ning Locati ons and Operati ons

Sec.                                                   Sec.
69-3-1. Min ing claim location and posting notice.     69-3-15 to 69-3-17. Repealed.
69-3-2. Record books provided by county clerks;        69-3-18. Abandonment of mining claims; methods;
         record ing fees.                                       encu mbered claims.
69-3-3, 69-3-4. Repealed.                              69-3-19 to 69-3-21. Repealed.
69-3-5. Penalty.                                       69-3-22. Size of placer mining claims.
69-3-6. Penetration of water stratum by mine           69-3-23. Regulations by private landowners as to
         discovery or drill hole; plugging; report              min ing locations; recording; amending.
         to state engineer and to director of the
         state bureau of mines and mineral             69-3-24. No trespassing notices.
         resources; exceptions.                        69-3-25. Penalty for trespass; exceptions.
69-3-7. Discovery of natural gas or hydrocarbons.      69-3-26. Trespass against person rightfully in
69-3-8. Exceptions.                                              possession.
69-3-9. Penalty.                                       69-3-27. Trespass by livestock; liab ility of owner.
69-3-10. Boundary posts.                               69-3-28. Terminat ion of lease; thirty days' notice.
69-3-11. Relocation.                                   69-3-29. Terminat ing lease without notice; liab ility
69-3-12. A mended and additional location notices.               in damages; forfeiture of lease.
69-3-12.1. Annual labor and annual filings.            69-3-30. Stockholders; right of entry and
69-3-13. A lteration, removal or destruction of                 examination of mines.
          location marks or notice; penalty.           69-3-31. Denial to stockholders of right of entry;
69-3-14. Defacing or changing location notice;                  penalty.
           penalty; correction of errors.              69-3-32. "Stockholders" defined.

69-3-1. Mi ning clai m l ocation and posting notice.

  A. Any person or persons desiring to locate a mining claim upon a vein or lode of quart z or other rock in
place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposit must distinctly mark the
location on the ground by four substantial posts or monuments, one at each corner of t he claim, so that its
boundaries may be readily t raced, and post in some conspicuous place on such location, a notice in writing
stating thereon the name or names of the locator or locators and his or their intention to locate the mining
claim, g iving a description thereof by reference to some natural object or permanent monu ment as will
identify the claim.
    B. The locator shall, at the time of making location of any placer mining claim, cause a notice of the
location to be placed at a designated corner of the claim so located, stating the name of the claim, the
purpose and the kind of material for which the claim is located, the name of the person locating same, and,
if located upon surveyed lands, the notice shall contain a description of the claim by its legal subdivision.
If upon unsurveyed lands, the notice shall contain a description of the claim by metes and bounds, with
reference to some known object or monu ment. And whether upon surveyed or unsurveyed lands, each
comer of the claim shall be marked by a post at least four feet high, securely set in the ground, or by a
substantial stone monument.




                                                     164
   C. The date of posting of written notice on the location pursuant to Subsection A or B of this section is
deemed to be the date of location. Within n inety days after the date of location, the locator of a lode or
placer claim shall file for record in the office of the clerk of the county in which the claim is located, a
written notice of location for the claim containing:
       (1) the name of the claim;
       (2) the name and current mailing address of the owner of the claim;
       (3) an identification of the claim as either lode or placer;
       (4) the date of location;
       (5) a description recit ing, to the extent possible, the section in which the claim is located and the
approximate location of all o r any part of the claim by quarter section. In addition, there shall be furnished
the section, township and range; and (6) either a topographic map published by the U.S. geologic al survey
or copy of such map on which there shall be depicted the location of the claim, or a narrat ive or sketch
describing the claim with reference by appropriate tie to some topographic, hydrographic or man -made
feature. Such map, narrative description or sketch shall set forth the boundaries and positions of the
individual claim with such accuracy as will allow the claim to be identified and located on the ground and
shall be no larger than eight and one-half inches by fourteen inches. More than one claim may be shown on
a single map or described in a single narrat ive or sketch if they are located in the same general area, so long
as the individual claims are clearly identified.
  D. Nothing in the requirement for a map or description found in this s ection shall require the locator or
locators of a claim to emp loy a professional surveyor or engineer.

69-3-2. Record books provi ded by county clerks; recording fees.

  The county clerk of each county in the state shall provide, at the expense of their respective counties
such book or books as may be necessary and suitable in which to record notices, affidavits and other
documents provided for by Sections 69-3-1 through 69-3-26 NMSA 1978. The county clerk shall impose
the same fee fo r record ing such notices, affidavits and other documents as is imposed in the county for
recording other instruments such as deeds and maps.

69-3-3, 69-3-4. Repealed.

69-3-5. Penalty.

   Any person who shall make or cause the making of a material misrepresentation of fact with the intent to
defraud in a notice of claim shall forfeit his right to the claim to which the material misrepresentation
relates, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than one
thousand dollars ($1,000) nor less than two hundred dollars ($200) or by imprisonment in the county jail
for not more than three hundred sixty days nor less than thirty days, or by both fine and imp risonment in
the discretion of the court.

69-3-6. Penetrati on of water stratum by mine discovery or drill hole; pl ugging; report to state
engineer and to director of the state bureau of mines and mi neral resources; excepti ons.

   Any person drilling a mine lode discovery or mine drill hole to a depth of ten feet or mo re, who shall
encounter or whose drill shall cut into a water body or water-bearing stratum, shall:
      A. p lug at a horizon and in the manner provided by the rules and regulations of the state engineer; and
      B. within ninety days from the date of the dis covery, report in writ ing the depth, location and manner
of plugging the water body or water-bearing stratum to the state engineer at the state capitol and to the
director of the state bureau of mines and mineral resources at Socorro, New Mexico.

69-3-7. Discovery of natural g as or hydrocarbons.

  Any person drilling a mine lode discovery or mine drill hole to a depth of ten feet or mo re, who shall
encounter natural gas or hydrocarbons in any form shall within ten days fro m the date of encountering
natural gas or hydrocarbons report in writing to the state oil conservation commission the depth and




                                                      165
location of the natural gas or hydrocarbons and thereafter within a reasonable time shall plug in accordance
with the ru les and regulations of the New Mexico oil conservation commission.

69-3-8. [Exceptions.]

  The p rovisions of this act [69-3-6 to 69-3-9 NMSA 1978] shall not include or be applicable to seismic,
core or other explo ratory holes or wells drilled in search of, or for the production of, natural gas or
hydrocarbons in any form.

69-3-9. Penalty.

  Any person who fails or refuses to make any report required by this act [69 -3-6 to 69-3-9 NMSA 1978]
or who knowingly makes a false report of any info rmation required by this act is guilty of a misd emeanor,
and upon conviction, shall be punished by a fine of not less than five hundred dollars ($500) nor more than
one thousand dollars ($1,000).

69-3-10. [Boundary posts.]

  The surface boundaries of mining claims heerafter [hereafter] located shall be marked by four substantial
posts or monuments, one at each corner of such claim, so as to distinctly mark the claim on the ground, so
that its boundaries can be readily traced, and shall otherwise conform to Section 69-3-1 NMSA 1978.

69-3-11. Relocati on.

  The relocation of any min ing ground, which is subject to relocation, shall be made in the same way as an
original location is required by law to be made.

69-3-12. Amended and addi tional l ocation notices.

  A. If at any time the owner of any mining claim heretofore or hereafter located, or his assigns, shall
apprehend that the original notice of location is defective, erroneous or the requirement of law has not been
complied with before filing, or shall be desirous of changing his surface boundaries or to take in any part of
an overlapping claim which has been abandoned, such owner may file in the office where notices of
location are by law required to be filed, an amended or additional notice of location, subject to the
provisions of this article. Provided, that such additional or amended notice of location does not interfere
with the existing right of others at the time of filing such notice; and no such amended or additional
location, or record thereof, shall, by itself, preclude the claiman t or h is assigns from p roving any such title
as they may have held under the previous location. B. The owner o f an unpatented lode or placer claim
existing on June 20, 1981 may file with the county clerk's office in the county in wh ich the min ing claim is
located, a written notice of location containing the information required by Subsection C of Sect ion 69-3-1
NMSA 1978 or a map conforming to the requirements of Paragraph (6) of Subsection C of Section 69 -3-1
NMSA 1978. Such notice shall also recite the book and page of the recording of the original location
notice and any additional or amended location notices, and such map shall state the name of the owner of
the claims and the claim names for the claims referenced on the map.

69-3-12.1. Annual labor and annual filings.

  The o wner of an unpatented lode or placer mining claim shall, prior to December 31 of each year
following the calendar year in which such claim was located, file for record in the office o f the clerk of the
county in which the mining claim is located either a notice of intention to hold the mining claim (including
but not limited to such notices as are provided by law to be filed when there has been a suspension or
deferment of annual assessment work), an affidavit of assessment wo rk performed thereon or for the
benefit thereof, (stating, among other facts, that the assessment work was performed before 12:00 noon of
September I of that calendar year) or a detailed report relating to geological, geophysical or geochemical
surveys. An affidavit of assessment work shall set forth the time when such work was done and the
amount, character and cost thereof, together with the name of the person who performed such work. The



                                                       166
affidavit, when made and filed as herein provided, shall be prima facie evidence of the facts therein stated.
The failure to make and file the affidavit as herein provided, shall, in any contest, suit or proceeding
touching the title to such claim, place the burden of proof upon the owner of the claim to show that the
work has been done according to law.

69-3-13. [Alteration, removal or destructi on of locati on marks or notice; penalty.]

  Any person who shall take down, remove, alter or destroy any stake, post, monument or notice of
location upon any mining claim without the consent of the owner or owners thereof shall be deemed guilty
of a misdemeanor, and on conviction, shall be punished by a fine not exceed ing one hundred dollars
[($100)] or by imprisonment in the county jail not exceeding six months, or by both such fine and
imprisonment.

69-3-14. [Defacing or changing l ocation notice; penalty; correcti on of errors.]

  Any person or persons, or the manager, officer, agent or employe of any person, firm, corporation or
association, who shall in any manner alter, deface or change the location notice of any min ing claim in this
state, located under the laws of the United States and of this state, or any local regulations in force in the
district wherein such claim is situated, thereby in any manner affecting the rights of any person, firm o r
corporation, to such claim or location, or the land covered thereby, shall be deemed guilty of a
misdemeanor, and upon conviction thereof before any court of competent jurisdiction, shall be fined in a
sum not less than one hundred dollars [($100)], nor mo re than five hundred dollars [($500)], or imp risoned
in the county jail for not less than sixty days, nor more than one year, or by both such fine and
imprisonment, in the discretion of the court trying the case. Nothing herein contained shall affect the rights
of such locator or locators, and his or their assigns, to correct errors in such notice and file amended
location notices as provided in Section 69-3-12 NMSA 1978, and the laws of the Un ited States: provided,
such change shall not affect or change the date of such location notice, or affect the rights of any other
person.

69-3-15 to 69-3-17. Repealed.

69-3-18. [Abandonment of mining clai ms; methods; encumbered clai ms.]

  In addit ion to the provision of law now in force in respect to the abandonment of min ing claims, they may
be abandoned in the following manner: the owner or o wners of any min ing claim, wishing to abandon the
same, may sign and acknowledge in the same manner provided by law for the acknowledg ment of dee ds,
and file for record in the office of the county clerk, a cert ificate describing the same, stating when and by
whom located, the name of the claim, the book and page where the notice of location of such claim is
recorded; that he or they give up and abandon such claim, and that the same is open and subject to
relocation. Upon the filing of such certificate, the mining claim therein described shall be considered
abandoned and open to relocation as if the same had never been located, and the owner or owne rs thereof
forever estopped fro m claiming any right or interest therein under the location mentioned in said certificate;
provided, that this provision for abandonment shall not apply to any claim or location upon which any
mortgage, lien or other encumbrance exists.

69-3-19 to 69-3-21. Repealed.

69-3-22. [Size of pl acer mining cl aims.]

  The size o f the claim or claims to be located under Sections 69 -3-19 to 69-3-21 NM SA 1978, and the
amount of annual assessment work to be done thereon in order to ho ld possession of and secure patent to
the same shall be the same as provided by Revised Statutes of the United States.




                                                     167
69-3-23. [Regulations by pri vate landowners as to mining locati ons; recording; amending.]

   The o wner or owners of lands within this state, the title to which has been vested by letters patent from
the United States government, may make and file in the office of the county clerk of the county in which
such lands are situated, such rules and regulations, not inconsistent with the laws o f the Un ited States and
of this state, as they may see fit, governing the location and acquisition of min ing claims thereon, which
rules and regulations when so filed shall be b inding upon all parties, and a copy thereof duly certified by
the county clerk shall be received and admitted as evidence in any suit or proceedings relating to such
mining claims; such rules and regulations may be changed and supplemented fro m time to time by other
rules and regulations filed in like manner, provid ing that such chan ge shall not affect rights acquired prior
thereto. 69-3-24. [No trespassing notices.]
  Whenever the owner or lessee of any min ing property in the state of New Mexico shall desire to operate
the same and to prevent trespassers from entering thereon, such owner or lessees [lessee] may post notices
in English and Spanish in at least three public places upon said premises, warning all persons from entering
upon said property without permission of the owner or lessee or his or their authorized agent or
superintendent, which notices shall describe the boundaries of said property.

69-3-25. [Penalty for tres pass; exceptions.]

  After the posting of such notices, it shall be unlawful for any person to enter upon said
 premises without such permission, and any person violating the provisions of the preceding
 [preceding] section [69-3-24 NM SA 1978] shall be deemed guilty of a misdemeanor and
 upon conviction thereof shall be punished by fine not exceeding fifty dollars [($50.00)] or
 imp risonment in the county jail for a period not exceeding thirty days, or both such fine
 and imprisonment, in the discretion of the court: provided, that this section shall not apply
 to any person or persons entering said premises in good faith for the purpose of
 ascertaining whether assessment work has been done, or for the purpose of making a
 location on government land.

69-3-26. [Tres pass against person rightfully i n possession.]

   When any person, firm or corporation shall be lawfully and peaceably in possession of any mining claim
in this state and shall have co mplied with all the requirements of law and regulations in fo rce in the district
in wh ich said mining claim is situated, such persons, firm o r corporation shall be deemed to be the rightful
possessor of such mining claim and of the land included therein; and any person or the officer, agent or
emp loye of any corporation who shall by force, int imidation, fraud or stealth, or in the temporary absence
of the rightful possessor, enter upon such mining claim with intent to hold the same, or any part thereof,
against the rightful possessor shall be considered a trespasser, and the judge of the district court for the
district in which such claim is situated shall, upon the proper showing of such facts made by affidav it or by
oral testimony upon a hearing ordered for that purpose, and upon the filing with the clerk of said d istrict
court of a good and sufficient bond, grant an order to show cause why a writ of injunction should not issue,
enjoining and restraining such trespasser, his servants, agents and employes and any person associated with
him, fro m in any manner interfering with the rightful possessor in the possession of such claim until the
final disposition of such cause.

69-3-27. [Tres pass by li vestock; liability of owner.]

  The owner of any livestock in this state shall not be liable to the owner or his agent or [of] any min ing or
mineral claim or millsite for damages done by way of trespass upon the same by said livestock other than
for actual damage done to buildings, tents, min ing supplies or other personal property situated thereon:
provided, that nothing in this section shall be construed as abridging or curtailing any of the existing rights
of any such owner whenever any such min ing or mineral claim o r millsite may be used by the owners
thereof, his tenant or lessee, as a livestock ranch.




                                                      168
69-3-28. [Terminati on of lease; thirty days' notice.]

  Hereafter any lease upon any mine, or portion of a mine, not given in writ ing, for a specified time, shall
not be terminated until after notice of the date of such termination, g iven by the lessor to the lessee, not less
than thirty days prior to such date of termination.

69-3-29. [Terminati ng lease without notice; liability in damages; forfeiture of lease.]

   The lessor and the mine upon which any lease is terminated without such thirty days' notice, shall be
liab le to the lessee for all damages resulting fro m such termination provided, that nothing in this or the
preceding section [69-3-28 NMSA 1978] shall prevent the forfeiture and termination of any such lease
without such notice when the lessee is working the leased ground in such manner as to damage the
property.

69-3-30. [Stockhol ders; right of entry and examinati on of mines.]

  Any person owning stock in any corporation or co mpany owning or operating mines in this state, shall at
any time during the business hours of the day, have the right to enter in and upon any and all mines of such
corporation or company, and all underground workings connected therewith for the purpose of examining
the same.

69-3-31. [Deni al to stockhol ders of right of entry; penal ty.]

  Every corporation or co mpany or officer or agent of such corporation or company who shall refuse to
allo w upon demand, any person owning stock in such corporation or company, to enter such mines, as in
the preceding section [69-3-30 NM SA 1978] provided, shall be guilty of a misdemeanor, and the
corporation or company shall fo rfeit and pay to the party injured a penalty of one hundred dollars [ ($100)]
for every such refusal, and all damages resulting therefrom.

69-3-32. ["Stockhol ders" defi ned.]

  The words "any person owning stock" as used in the preceding sections [69-3-30, 69-3-31 NMSA 1978]
shall be taken and considered to mean stockholders, whose names appear on the stock book of the company
as owners of stock, and none others.


                                          CHAPTER 69 -- MIN ES
                           Article 12 -- General Duties of Coal Mi ne Operators

Sec.                                                     Sec.
69-12-3. M ine maps; scale and contents;                 69-12-8 to 69-12-18. Repealed.
         distribution; final survey required.
69-12-4. M ine abandonment; fencing-, warning
       notices.

69-12-3. Mine maps; scale and contents; distri bution; final survey required.

  A. The o wner of every underground coal mine shall have made by a co mpetent surveyor a clear and
accurate map showing the surface plant and the underground workings of the mine. The map shall be on a
scale of not more than two hundred feet to the inch and shall bear the name of the mine, its location as to
county, township and section, the name of the company, owner, the north point, the scale to which the map
is drawn and the certificate of the surveyor as to the accuracy and date of the survey. The mine map shall
be extended and corrected every year. True copies of the map and extensions and corrections thereof shall
be provided, as follows: one copy of each map and plan shall be kept in the office of the mine; and one
copy of each map shall be delivered to the mining and minerals division of the energy, minerals and natural
resources department and shall beco me the property of the state and shall be kept at the office of the mining



                                                       169
and minerals div ision. Un less the owner of the property gives written authorization, mine ma ps shall not be
available to any person other than the state mine inspector or his clerks and the director of the mining and
minerals division.
 . B. Whenever an underground mine is about to be closed or abandoned for an indefinite period, the
owner shall have made a co mp lete final survey of all workings not represented on the map of the mine and
shall properly enter the results upon the map of the mine so as to show the exact relations of the most
advanced workings to the boundary of the property and shall file a copy of same with the director of the
mining and minerals div ision.

69-12-4. Mine abandonment; fencing ; warni ng notices.

  Upon abandonment of a mine and thereafter, the owner or operator must effectively close or fence off all
surface openings down which persons could fall o r through which persons could enter. Upon or near all
such safeguards, trespass warnings and appropriate danger notices shall be posted. The director of the
mining and minerals div ision of the energy, minerals and natural resources department may bring an action
in the district court in which the mine is located to compel the safeguarding of an abandoned mine. In the
event of an immediate danger to public health and safety, the director of the mining and minerals div isio n
may take all action necessary to safeguard the abandoned mine and recover reasonable costs for such work
fro m the owner of the mine.

69-12-8 to 69-12-18. Repealed.


                                       CHAPTER 72 – WATER LAW
                                     Article 1 -- Water Rights in General

Sec.                                                     Sec.
72-1-1. Natural waters; public.                          72-1-4. Declarat ion of water rights vested prior to
72-1-2. Water rights; appurtenant to land; priorities.           1907; force and effect of prior declarations.
72-1-2.1. Water rights; change in ownership; filing      72-1-5. Eminent domain; entry on property.
          and record ing; constructive notice.           72-1-6. Traveler's use of water.
72-1-2.2. Leg islative findings; declaration of          72-1-7. Interfering with traveler's use of water;
         purpose.                                                penalty.
72-1-3. Declarat ion of water rights vested prior to     72-1-8. Camping, t railer, recreational or motor
          1907; form; contents; verificat ion;                   vehicle parking prohibited.
          filing; recording; presumption.

72-1-1. Natural waters; public.

  A ll natural waters flo wing in streams and watercourses, whether such be perennial, or torrential , with in
the limits of the state of New Mexico, belong to the public and are subject to appropriation for beneficial
use. A watercourse is hereby defined to be any river, creek, arroyo, canyon, draw or wash, or any other
channel having definite banks and bed with visible evidence of the occasional flow of water.

72-1-2. [Water rights; appurtenant to l and; priorities.]

  Beneficial use shall be the basis, the measure and the limit of the right to the use of water, and all waters
appropriated for irrigation purposes, except as otherwise provided by written contract between the owner of
the land and the owner of any ditch, reservoir or other works for the storage or conveyance of water, shall
be appurtenant to specified lands owned by the person, firm or co rporation having the right to use the
water, so long as the water can be beneficially used thereon, or until the severance of such right fro m the
land in the manner hereinafter provided in this article. Priority in t ime shall give the better right. In all
cases of claims to the use of water initiated prior to March 19, 1907, the right shall relate back to the
initiat ion of the claim, upon the diligent prosecution to complet ion of the necessary surveys and
construction for the application of the water to a beneficial use. All claims to the use of water in itiated
thereafter shall relate back to the date of the receipt of an application therefor in the office of the territorial



                                                       170
or state engineer, subject to compliance with the provisions of this article, and the rules and regulations
established thereunder.

72-1-2.1. Water rights; change in ownershi p; filing and recordi ng, constructi ve notice.

  In the event of any changes of ownership of a water right, whether by sale, gift or any other type of
conveyance, affecting the title to a water right that has been permitted or licensed by the, state engineer, has
been declared with the state engineer or has been adjudicated and is evidenced by a subfile o rder, part ial
final decree, final decree or any other court order, the new owner of the water right shall file a change of
ownership form with the state engineer. The form shall include all in formation conforming with water
rights of record filed with the state engineer and shall be accompanied by a copy of a warranty deed or
other instrument of conveyance. The new owner shall record a copy of the change of ownership form filed
with the state engineer with the clerk o f the county in which the water right will be located. The filing shall
be public notice of the existence and contents of the instruments so recorded fro m the time of recording
with the county clerk.

72-1-2.2. Legislati ve findings; declarati on of purpose.

   A. The leg islature hereby finds and declares that there exists a potential water shortage crisis in the Pecos
River basin as a result of the requirements and obligations of the Pecos River Co mpact and the United
States supreme court's amended decree in Texas v. New Mexico, No. 65 orig inal as well as the recent
droughts and the demands on this water system.
   B. The legislature hereby finds and declares that this shortage of water and the state's obligation to Texas
pursuant to the compact and the decree is a statewide problem affect ing all the cit izens of the state. The
state is obligated under the terms of the decree to fulfill an obligation to repay Texas in water for any
shortages of water owed to Texas by the state of New Mexico.
   C. The legislature hereby finds and declares that the state's obligations extend not only to Texas but also
to the citizens of New Mexico and their future generations to ensure adequate water supply. If unfulfilled,
the obligations of the state to Texas could cost the state millions of dollars in lost revenues, employ ment
and economic productivity.
   D. The leg islature further finds and declares that to avoid the catastrophic consequences of failing to
address immediately the problem of the Pecos river water shortage, the interstate stream co mmission is to
purchase, and retire and place in a state water conservation program ad ministered by the interstate stream
commission, adequate water rights over a period of years to increase the flow of water in the Pecos River
and diminish the impact of man-made depletions of the stream flo w and therefore meet the state's future
obligations under the Pecos River Co mpact and the United States supreme court's amended decree in Texas
v. New Mexico, No. 65 original, pursuant to the appropriation and the conditions set forth in Section 2 of
this act.

72-1-3. Declarati on of water rights vested prior to 1907; form; contents; verification; filing;
recording; presumpti on.

 Any person, firm or corporation claiming to be an owner of a water right wh ich was vested prior to the
passage of Chapter 49, Laws 1907, fro m any surface water source by the applications of water therefro m to
beneficial use, may make and file in the office of the state engineer a declaration in a form to be prescribed
by the state engineer setting forth the beneficial use to which said water has been applied, the date of first
application to beneficial use, the continuity thereof, the location of the source of said water and if such
water has been used for irrigation purposes, the description of the land upon which such water has been so
used and the name of the owner thereof. Such declarat ion shall be verified but if the declarant cannot
verify the same of his own personal knowledge he may do so on information and belief. Such declarat ions
so filed shall be recorded at length in the office of the state engineer and may also be recorded in the office
of the county clerk of the county wherein the diversion works therein described are located. Such records
or copies thereof officially cert ified shall be p rima facie evidence of the truth of their contents.




                                                      171
72-1-4. [Decl aration of water rights vested prior to 1907; force and effect of prior declarations.]

  Declarations heretofore filed in substantial co mpliance with Section 1 [72-1-3 NMSA 1978] hereof shall
be recognized as of the same fo rce and effect as if filed after the taking
effect of th is act [72-1-3, 72-1-4 NMSA 1978].

72-1-5. Emi nent domain; entry on property.

  The United States, the state or any person, firm, association or corporation may exercise the right of
eminent domain, to take and acquire p roperty [and] right-of-way [rights-of-wayl for the construction,
maintenance and operation of reservoirs, canals, ditches, flumes, aqueducts, pipelines or other works for the
storage or conveyance of water fo r beneficial uses, including the right to enlarge existing structures, and to
use the same in co mmon with the former owner; any such right-of-way fo r canal, ditch, pipeline o r other
means for the conveyance of water shall in all cases be so located as to do the least damage to private or
public property consistent with proper use and economical construction. Such property and right -of-way
shall be acquired in the manner p rovided by the Eminent Do main Code [42A -1-1 to 42A-1-33 NM SA
1978]. Subject to the provisions of Sections 42A-1-8 through 42A -1-12 NMSA 1978, the engineers and
surveyors of the United States, the state and of any person, firm or co rporation shall have the right to enter
upon the lands and waters of the state and of private persons and of private and public corporations, for the
purpose of making hydrographic surveys and examinations and surveys necessary for selecting and
locating suitable sites and routes for reservoirs, canals, pipelines and other waterworks.

72-1-6. [Traveler's use of water.]

   A ll currents and sources of water, such as springs, rivers, d itches and currents of water flowing fro m
natural sources in the state of New Mexico, shall be and they are declared free; in order that all persons
traveling in th is state shall have the right to take water therefro m for their own use, and that of the animals
under their charge: provided, that the word traveler, shall not in any manner extend to persons who travel
with a large nu mber of animals; for in that case they shall not use the water of any spring belonging to any
 individual, without having first obtained the express consent of the owner. And it is further understood,
that if any person in transit or traveling, at the time of using any of the water ment ioned, shall cause any
injury to the fields, planted lands or private property of any person, he shall pay to the party injured all
damages that may have been done: provided, further, that this article shall in no manner apply to wells in
this state: provided, further, that this article shall not be applicable to ponds or reservoirs of water, that
persons may construct for their o wn proper use and benefit, and no person under pretext o f tit le to said
sources, springs, rivers or ditches, shall have the right to embarrass and hinder, or molest any transient
person or traveler in or at the time of taking the water for his proper use and giving water to his animals.

72-1-7. [Interfering wi th traveler's use of water; penalty.]

   Hereafter, if any person or persons, shall embarrass, hinder and molest any person or persons at th e time
they may wish to take the water fo r their animals, and shall claim or demand of the traveler any
compensation for the use of the water, such person or persons on conviction thereof, before the court of a
justice of the peace [magistrate] or d istrict judge, shall be fined in a sum not less than twenty-five dollars
[($25.00)], nor mo re than fifty dollars [($50.00)], and shall be liable to pay all the damages caused thereby
to the person so hindered.

72-1-8. Campi ng, trailer, recreational or motor vehicle parking prohi bited.

  It is unlawful for a person to camp, or to park a trailer, recreational vehicle or motor vehicle within three
hundred yards of a man made water hole, a water well or a watering tank used by wildlife or do mestic stock,
without the prior consent of the owner of the land, the person in lawfu l possession of the land or the
authorized representatives of either. Any person violating the provisions of this section is guilty of a
misdemeanor and upon conviction shall be fined in an amo unt not to exceed one hundred dollars ($100).




                                                       172
                                  CHAPTER 72 – WATER LAW
                   ARTICLE 4 -- Surveys, Investigations and Adjudication of Rights

See.                                                     Sec.
72-4-1. County drains; duty of state engineer;           72-4-13. Hydrographic survey of state stream
        preliminary surveys; eminent domain;                      systems; duty of state engineer;
        surveys on private property; damage.                      dam and reservoir sites;
                                                                  cooperation with United States

72-4-1. County drains; duty of state engineer; prelimi nary surveys; eminent domain; surveys on
pri vate property; damage.

  When requested by any of the boards of county commissioners of any of the counties of the state, it is the
duty of the state engineer, either h imself or by an authorized assistant engineer, to cooperate with the
county commissioners in the engineering work required to lay out, establish and construct any drain to be
used by any county or counties or portions of the same, for the purpose of diverting flood waters, lakes,
watercourses, and in general to aid and assist the counties of this state or their authorized officers in making
preliminary surveys and establishing systems of drainage or any other engineering work; and whenever the
board of county commissioners of any county shall by order determine to lay out, establish and construct
any drain to be used by any county or counties or portions of the same, for the purpose of diverting flood
waters, lakes or watercourses or to establish systems of drainage, which shall require tha t private property
be taken or damaged, the county may exercise the right of eminent domain to take and acquire real or
personal property, right-of-way and privilege within or without its corporate limits, necessary for its
corporate purposes, in the manner provided by the Eminent Do main Code [42A-1-1 to 42A-1-33 NM SA
1978]. Subject to the provisions of Sections 42A-1-8 through 42A -1-12 NMSA 1978, the engineers and
surveyors of the state and of the county shall have the right to enter upon the property of private persons
and of private and public corporations for the purpose of making hydrographic surveys and examinations
and surveys necessary for selecting and locating suitable sites and routes for any drain or d rainage system.

72-4-13. Hydrographic survey of state stream systems; duty of state engineer; dam and reservoir
sites; cooperation wi th United States.

  The state engineer shall make hydrographic surveys and investigations of each stream system and source
of water supply in the state, beginning with those most used for irrigation, and obtaining and recording all
available data fo r the determination, develop ment and adjudication of water supply of the state including
the location and survey of suitable sites for dams and reservoirs and the determination of the approximate
water supply, capacity and cost of each. He is authorized to cooperate with the agencies of the United
States engaged in similar surveys and investigations and in the construction of works for the development
and use of the water supply of the state, expending for such purposes any money availab le for the work of
his office, and may accept and use in connection with the operations of his office the results of the agencies
of the United States.

                                 CHAPTER 72 – WATER LAW
                        ARTICLE 5 – Appropriati on and Use of Surface Waters

Sec.                                                     Sec.
72-5-1. Application for permit; rules; surveys, etc.     72-5-23. Water appurtenant to land; change of
                                                                 place of use.

72-5-1. Applicati on for permi t; rules; surveys, etc.

  Any person, association or corporation, public o r private, the state of New Mexico or the United States of
America, except as provided in Section 15 [72-5-33 NM SA 1978] of th is act, hereafter intending to acquire
the right to the beneficial use of any waters, shall, before co mmencing any construction for such purposes,
make an application to the state engineer for a permit to appropriate, in the form required by the rules and
regulations established by him. Such rules and regulations, shall, in addition to providing the form and



                                                       173
manner of preparing and presenting the application, require the applicant to state the amount of water and
period or periods of annual use, and all other data necessary for the proper description and limitation of the
right applied for, together with s uch information, maps, field notes, plans and specifications as may be
necessary to show the method of practicability of the construction and the ability of the applicant to
complete the same. The state engineer may require additional information not prov ided for in the general
rules and regulations, in any case involving the diversion of five hundred cubic feet of water per second, or
more, or in the construction of a dam mo re than thirty feet high fro m the foundation. All such maps, field
notes, plans and specifications, shall be made fro m actual surveys and measurements, and shall be duly
filed in the office of the state engineer at the time of filing of formal application for permit to appropriate;
provided, that upon the filing in the office of the state engineer of a notice of intention to make fo rmal
application for a permit to appropriate certain public waters the state engineer may allo w a reasonable time,
to be specified by him and noted upon his records, for making the surveys, measurements, maps , plans and
specifications hereinbefore provided and required for a formal applicat ion, and if applicant shall file such
formal application and map, plans and specifications and other necessary data within the time so specified,
his priority of applicat ion shall date fro m the time of filing such notice of intention.

72-5-23. Water appurtenant to land; change of place of use.

  All water used in this state for irrigation purposes, except as otherwise provided in this article, shall be
considered appurtenant to the land upon which it is used, and the right to use it upon the land shall never be
severed from the land without the consent of the owner of the land, but, by and with the consent of the
owner of the land, all or any part of the right may be severed fro m the land, simultaneously transferred and
become appurtenant to other land, or may be transferred fo r other purposes, without losing priority of right
theretofore established, if such changes can be made without detriment to existing water rights an d are not
contrary to conservation of water within the state and not detrimental to the public welfare of the state, on
the approval of an application of the owner by the state engineer. Publication of notice of application,
opportunity for the filing of objections or protests and a hearing on the application shall be provided as
required by Sections 72-5-4 and 72-5-5 NMSA 1978.

                                     CHAPTER 72 – WATER LAWS
                                      Article 12A – Mi ne Dewatering

Sec.
72-12A-12. Eminent domain; entry on lands; purpose.
72-12A-13. Existing water rights recognized.

72-12A-12. Emi nent domain; entry on lands ; purpose.

  A. The United States, the state of New Mexico or any person, firm, association or corporation, may
exercise the right of eminent domain to take and acquire land and right-of-way for the construction,
maintenance and operation of water wells, reservoirs, canals, ditches, flu mes, aqueducts, pipelines or other
works necessary for the replacement of water; any such right-of-way for canal, ditch, p ipeline or other
means for the conveyance of water shall in all cases be so located as to do the least damage to private or
public property consistent with proper use and economical construction. Such land and right -of-way shall
be acquired in the manner provided by law for the condemnation and taking of private property in the state
of New Mexico fo r railroad, telegraph, telephone and other public uses and purposes. The engineers and
surveyors of the United States, the state and any person, firm or corporation shall have the right to enter
upon the lands and waters of the state and of private persons and of public and private and public
corporations, for the purpose of making hydrographic surveys and examinations and surveys necessary for
selecting and locating suitable sites and routes for reservoirs, canals, pipelines and other waterworks,
subject to responsibility for any damage done to such property, in making such surveys.
  B. The power of eminent domain for the rep lacement of water is necessary to accomplish maximu m
beneficial use of the waters of this state.
  C. Nothing in this section shall be construed to authorize the taking of any state or federal land including
land held in trust, except as may be provided by law.




                                                      174
72-12A-13. Existing water rights recognized.

  Existing water rights based upon application to beneficial use are hereby recognized. Nothing herein
contained is intended to impair the same or to disturb the priorities thereof. Nothing in the Mine
Dewatering Act [72-12A-1 to 72-12A-13 NMSA 1978] shall be construed to permit condemnation of water
rights and the owner of a water right shall not be considered to have forfeited or abandoned his rights under
that act.


                                        CHAPTER 73 –
                       ARTICLE 17 – Conservancy Districts; General Provisions

Sec.
73-17-5. Prohib ition of injury to survey marks
         [; field notes are district property].

73-17-5. Prohi bi tion of injury to survey marks [; fiel d notes are district property].

 The willful destruction, injury or removal of any bench marks, witness marks, stakes or other reference
marks, p laced by the surveyors or engineers or by contractors in constructing the works of the district, shall
be a misdemeanor, punishable by fine not exceeding one hundred ($100) dollars. The orig inal field notes
of surveys shall be the permanent property of the district.




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Description: Northeast New Mexico Real Estate document sample