reglab/housing_qa huggingface dataset:
NM Stat § 47-5-6 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 5 - Subdivisions Generally|Section 47-5-6 - Fraud; penalty.

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 circulation 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. History: 1953 Comp., § 70-3-6, enacted by Laws 1963, ch. 217, § 6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 77 Am. Jur. 2d Vendor and Purchaser § 2. Validity, construction and application of statutes or ordinances directed against false or fraudulent statements in advertisements, 89 A.L.R. 1004. What constitutes false, misleading or deceptive advertising or promotional practices subject to action by Federal Trade Commission, 65 A.L.R.2d 225, 34 A.L.R. Fed. 507. 35 C.J.S. False Pretenses §§ 30, 49; 37 C.J.S. Fraud § 154.
NM Stat § 47-5-7 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 5 - Subdivisions Generally|Section 47-5-7 - Other violations; penalty.

A. It is unlawful to: (1) willfully violate or fail to comply with any provisions of the Land Subdivision Act; 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 complies with the requirements of the Land Subdivision Act with respect to subdivisions located in this state. B. Any person, firm or corporation violating any provision of this section is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred thousand dollars ($100,000). History: 1953 Comp., § 70-3-7, enacted by Laws 1963, ch. 217, § 7. ANNOTATIONSRefusal to bring criminal charges. — So long as the district attorney acts in good faith and not arbitrarily, he may refuse to bring criminal charges for violation of the Land Subdivision Act. 1964 Op. Att'y Gen. No. 64-05.
NM Stat § 47-5-8 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 5 - Subdivisions Generally|Section 47-5-8 - [Injunction.]

Whenever the attorney general of the state of New Mexico or any district attorney of a judicial district of the state of New Mexico, after a complaint has been filed by any individual alleging injury hereunder, or upon his own initiative, after investigation made, believes any officer, agent or employee of any firm or corporation or other person is knowingly violating 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 violation in any district court regardless of whether criminal charges are filed. History: 1953 Comp., § 70-3-8, enacted by Laws 1963, ch. 217, § 8. ANNOTATIONSCompiler's notes. — For refusal to bring criminal charges, see same catchline in notes to 47-5-7 NMSA 1978. Enjoining violation of the Land Subdivision Act appears to be mandatory. 1964 Op. Att'y Gen. No. 64-05. Am. Jur. 2d, A.L.R. and C.J.S. references. — 42 Am. Jur. 2d Injunctions §§ 23, 38, 296. Jurisdiction, at the instance of governmental agency, to enjoin an act amounting to a crime, 40 A.L.R. 1145, 91 A.L.R. 315. 43A C.J.S. Injunctions § 133.
NM Stat § 47-5-9 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 5 - Subdivisions Generally|Section 47-5-9 - Application.

The Land Subdivision Act 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, Article 6 NMSA 1978]. History: 1953 Comp., § 70-3-9, enacted by Laws 1973, ch. 348, § 37. ANNOTATIONSRepeals and reenactments. — Laws 1973, ch. 348, § 37, repealed 70-3-9, 1953 Comp., relating to applicability of the Land Subdivision Act, and enacted the above section. Compliance required for land presently offered for sale or lease. — This section requires compliance only from those owners or subdividers of subdivided land presently being offered for sale or lease. 1964 Op. Att'y Gen. No. 64-05. Where a subdivision was completed and all lots were sold before the effective date of the Land Subdivision Act, the owner or subdivider does not have to comply with the act. 1964 Op. Att'y Gen. No. 64-05. Number of parcels — The Land Subdivision Act applies to those situations where the land was divided into 25 or more parcels before the effective date of the act and portions of it were being offered for sale or lease at the time of the effective date of the act. 1964 Op. Att'y Gen. No. 64-05. Law reviews. — For note, "Gabaldon v. Sanchez: New Developments in the Law of Nuisance, Negligence and Trespass," see 9 N.M.L. Rev. 367 (1979). Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations § 102.
NM Stat § 47-6-3 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 47-6-3 - Final plat; description.

A. Any person desiring to subdivide land shall have a final plat 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 agreement; (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 taxation. History: 1953 Comp., § 70-5-3, enacted by Laws 1973, ch. 348, § 3; 1995, ch. 212, § 3. ANNOTATIONSThe 1995 amendment, effective July 1, 1996, substituted "Final plat" for "Subdivision" in the section heading; added the subsection and paragraph designations; in Subsection A, substituted "final plat" for "plat" in two places in the introductory paragraph, substituted the language beginning "legal access to" for "each parcel" at the end of Paragraph (2), added Paragraph (4) and made related and minor stylistic changes. Am. Jur. 2d, A.L.R. and C.J.S. references. — 83 Am. Jur. 2d Zoning and Planning §§ 521 to 527. 91 C.J.S. Vendor and Purchaser § 39.
NM Stat § 47-6-4 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 47-6-4 - Final plat acknowledgment; affidavit.

Every final plat shall contain a statement that the land being subdivided is subdivided in accordance with the final plat. The final plat shall be acknowledged by the owner and subdivider or their authorized agents in the manner required for the acknowledgment of deeds. Every final plat 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 plat shall be provided to every purchaser, lessee or other person acquiring an interest in the subdivided land prior to sale, lease or other conveyance. History: 1953 Comp., § 70-5-4, enacted by Laws 1973, ch. 348, § 4; 1995, ch. 212, § 4. ANNOTATIONSThe 1995 amendment, effective July 1, 1996, substituted "Final plat" for "Plat" in the section heading and "final plat" for "plat" throughout the section; substituted "final plat" for "desire of the owner of the land" at the end of the first sentence; substituted "subdivider" for "owner" in the second and third sentences; and added the final sentence. Am. Jur. 2d, A.L.R. and C.J.S. references. — 83 Am. Jur. 2d Zoning and Planning §§ 529 to 534, 546 to 574. 62 C.J.S. Municipal Corporations § 83.
NM Stat § 47-6-5 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 47-6-5 - Dedication for public use; maintenance.

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 the office of the county clerk or a resolution of acceptance by the board of county commissioners is filed in such office. History: 1953 Comp., § 70-5-5, enacted by Laws 1973, ch. 348, § 5; 1981, ch. 148, § 2; 1995, ch. 212, § 5. ANNOTATIONSCross references. — For record of survey requirements, see 61-23-28.2 NMSA 1978. The 1995 amendment, effective July 1, 1996, rewrote the section to such an extent that a detailed comparison would be impracticable. The 1981 amendment added "maintenance" at the end of the section heading and added the last two sentences in the section. Formal county acceptance is required under the Subdivision Act to obligate the county for road maintenance and such acceptance cannot be satisfied through the common law doctrines of prescriptive acquisition or implied dedication. McGarry v. Scott, 2003-NMSC-016, 134 N.M. 32, 72 P.3d 608. Public use of a road, school bus routes, and postal service do not establish an acceptance by a county of road maintenance obligations; such acts do not unequivocally show intent to assume jurisdiction, particularly in the face of filed disclosure forms that clearly show county rejection of maintenance obligations. McGarry v. Scott, 2003-NMSC-016, 134 N.M. 32, 72 P.3d 608. The specific requirement under Section 47-5-4 NMSA 1978 of disclosure to a buyer regarding whether the county has accepted subdivision roads for maintenance confirms that the legislature intended county acceptance of roads for maintenance to be a prerequisite to a county obligation to maintain the subdivision roads. McGarry v. Scott, 2003-NMSC-016, 134 N.M. 32, 72 P.3d 608. Specificity of road and road maintenance provisions. — The Subdivision Act deals with the subject of subdivision roads and county road maintenance in a much more detailed way than Sections 67-2-1 and 67-2-2 NMSA 1978; therefore, the Subdivision Act controls over the more general statutes. McGarry v. Scott, 2003-NMSC-016, 134 N.M. 32, 72 P.3d 608. Law reviews. — For annual survey of New Mexico law relating to property, see 12 N.M.L. Rev. 459 (1982). Am. Jur. 2d, A.L.R. and C.J.S. references. — 23 Am. Jur. 2d Dedication §§ 30, 43, 44, 47, 48, 60, 61. Sales of lots with reference to plats as conferring, in absence of effective dedication to public, rights upon others than lots owners in respect to streets shown by plat, 172 A.L.R. 167. Validity and construction of regulations as to subdivision maps and plats, 11 A.L.R.2d 524. 26 C.J.S. Dedication §§ 26, 40.
NM Stat § 47-6-6 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 47-6-6 - Filing with county clerk; duties of county clerk.

The county clerk shall not accept for filing any final plat subject to the New Mexico Subdivision Act 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 cross-reference such documents. Preliminary plats shall not be filed with the county clerk. History: 1953 Comp., § 70-5-6, enacted by Laws 1973, ch. 348, § 6; 1979, ch. 172, § 2; 1995, ch. 212, § 6. ANNOTATIONSThe 1995 amendment, effective July 1, 1996, rewrote the section to such an extent that a detailed comparison would be impracticable. Duties of clerk. — A county clerk's authority to conduct a substantive review of the contents of a survey plat is limited to the threshold question of whether a plat accomplishes a subdivision of land. Valdez v. Vigil, 2007-NMCA-031, 141 N.M. 316, 154 P.3d 691, cert. denied, 2006-NMCERT-011, 140 N.M. 846, 149 P.3d 943. Law reviews. — For note, "Definitional Loopholes Limit New Mexico Counties' Authority to Regulate Subdivisions," see 24 Nat. Res. J. 1083 (1984). Am. Jur. 2d, A.L.R. and C.J.S. references. — 23 Am. Jur. 2d Dedication §§ 26, 27, 37, 38, 40. 26 C.J.S. Dedication § 22.
NM Stat § 47-6-7 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 47-6-7 - Vacation of plats; approval; duties of county clerk; effect.

A. Any final plat 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 plat, 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 abandoned. C. The approved statement declaring the vacation of a portion or all of a final plat shall be filed in the office of the county clerk in which the final plat is filed. The county clerk shall mark the final plat with the words "Vacated" or "Partially Vacated" and refer on the final plat to the volume and page on which the statement of vacation is recorded. D. The rights of any utility existing prior to the vacation, total or partial, of any final plat are not affected by the vacation of a final plat. History: 1953 Comp., § 70-5-7, enacted by Laws 1973, ch. 348, § 7; 1995, ch. 212, § 7. ANNOTATIONSThe 1995 amendment, effective July 1, 1996, substituted "final plat" for "plat" throughout the section; substituted "final plat" for "original plat" in the second sentence of Subsection B and in two places in Subsection C; substituted "parcels" for "lot" in the third sentence of Subsection B; and made minor stylistic changes. Law reviews. — For note, "Gabaldon v. Sanchez: New Developments in the Law of Nuisance, Negligence and Trespass," see 9 N.M.L. Rev. 367 (1979). Am. Jur. 2d, A.L.R. and C.J.S. references. — 62 C.J.S. Municipal Corporations § 84.
NM Stat § 47-6-9.1 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 47-6-9.1 - Merger of contiguous parcels; prohibition.

A. Contiguous parcels that are owned by a single owner shall not be required by a board of county commissioners to be merged into one parcel if: (1) each of the contiguous parcels: (a) is shown on the official plat map of the county; or (b) was created by a deed or survey recorded with the office of the county clerk; (2) the chain of title to the contiguous parcels clearly demonstrates that the parcels have been considered separate prior to transfer into common ownership; and (3) the owner of the contiguous parcels has taken no action to consolidate the parcels. B. Nothing in this section limits a board of county commissioners, pursuant to notice and public hearing, from requiring consolidation of contiguous parcels in common ownership for the purpose of enforcing minimum zoning or subdivision standards on the parcels. History: Laws 2003, ch. 326, § 1. ANNOTATIONSEffective dates. — Laws 2003, ch. 326 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
NM Stat § 47-6-11.1 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 47-6-11.1 - Expiration of preliminary plat.

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 time as may be prescribed by county regulation, not to exceed an additional twelve months. However, if the subdivider proposes to file multiple 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 from the date of its expiration or the date of the previously filed final plat, whichever is later. The number of phased final plats 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 expiration of the approved or conditionally approved preliminary plat, the subdivider may submit an application for extension of the preliminary plat 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 expiration of the approved or conditionally approved preliminary plat shall terminate all proceedings on the subdivision, and no final plat shall be filed without first processing a new preliminary plat. History: Laws 1995, ch. 212, § 12. ANNOTATIONSEffective dates. — Laws 1995, ch. 212, § 34 made Laws 1995, ch. 212, § 12 effective July 1, 1996.
NM Stat § 47-6-11.2 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 47-6-11.2 - Water permit required for final plat approval.

Before approving the final plat for a subdivision containing ten 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 proof of a service commitment from a water provider and an opinion from the state engineer that the subdivider can fulfill the requirements of Paragraph (1) of Subsection F of Section 47-6-11 NMSA 1978 or provide a copy of a permit obtained from the state engineer, issued pursuant to Section 72-5-1, 72-5-23, 72-5-24, 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 maximum annual water requirements of the subdivision, including water for indoor and outdoor domestic uses. The board of county commissioners shall not approve the final plat unless the state engineer has so issued a permit for the subdivision water use or the subdivider has provided proof of a service commitment from a water provider and the state engineer has provided an opinion that the subdivider can fulfill the requirements of Paragraph (1) of Subsection F of Section 47-6-11 NMSA 1978. The board of county commissioners shall not approve the final plat based on the use of water from any permit issued pursuant to Section 72-12-1.1 NMSA 1978. History: Laws 1995, ch. 212, § 13; 2013, ch. 224, § 1. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, required subdividers of land to possess a permit for or proof of access to a sufficient amount of water to meet the needs of a proposed subdivision before final plat approval; in the first sentence, deleted the subsection letter for Subsection A and "Until July 1, 1997"; after "subdivision containing" deleted "twenty" and added "ten", after "require that the subdivider", added "provide proof of a service commitment from a water provider and an opinion from the state engineer that the subdivider can fulfill the requirements of Paragraph (1) of Subsection F of Section 47-6-11 NMSA 1978", and after "72-5-24", deleted "NMSA 1978, or if the subdivision is located within a declared underground water basin, provide a copy of a permit obtained from the state engineer issued pursuant to those sections or to Section"; in the third sentence, after "subdivision water use", added the remainder of the sentence, and added the fourth sentence; and deleted former Subsection B, which authorized the board of county commissioners to require the subdivider of land containing twenty or more parcels to provide a permit from the state engineer for the subdivision water use and which required the state engineer to determine if the water was sufficient for the subdivision's requirements. Law reviews. — For article, "Water Supply and Urban Growth in New Mexico: Same Old, Same Old or a New Era," see 43 Nat. Res. J. 803 (2003).
NM Stat § 47-6-11.3 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 47-6-11.3 - Approval of final plats.

A. After the approval or conditional approval of a preliminary plat and prior to the expiration 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 compliance with the previously approved preliminary plat. Denial of a final plat shall be accompanied 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 or county subdivision regulations, the board of county commissioners shall, as a condition precedent to the approval of the final plat, require the subdivider to enter into an agreement with the county upon mutually agreeable terms to thereafter complete the improvements at the subdivider's expense. History: Laws 1995, ch. 212, § 14. ANNOTATIONSEffective dates. — Laws 1995, ch. 212, § 34 made Laws 1995, ch. 212, § 14 effective July 1, 1996. No vested rights. — Where a property owner purchased undeveloped property seventeen years after the board of county commissioners granted final plat approval; the owner was aware that the county considered the subdivision to be invalid and that the county had imposed a moratorium on development of the property to deal with a water emergency; and the conditions of plat approval had not been met, the owner's reliance on the validity of the subdivision was not reasonable and the owner did not have vested rights in the subdivision. Miller v. Board of Cnty. Comm'rs., 2008-NMCA-124, 144 N.M. 841, 192 P.3d 1218, cert. denied, 2008-NMCERT-008, 145 N.M. 254, 195 P.3d 1266.