reglab/housing_qa huggingface dataset:
NM Stat § 3-39-20 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 39 - Municipal Airports|Section 3-39-20 - Adoption of airport zoning regulations.

A. Every municipality and county or other political subdivision having within its territorial limits an area within which, according to an airport approach plan adopted by the legislative body, measures should be taken for the protection of airport approaches, shall adopt, administer and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airport zoning regulations applicable to such area, which regulations shall divide the area into zones and within such zones, specify the land uses permitted, regulate and restrict the height to which structures and trees may be erected or allowed to grow, and impose such other restrictions and requirements as may be necessary to effectuate the legislative body's approach plan for the airport. B. In the event that a political subdivision has adopted, or hereafter adopts, a general zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations adopted for the same area or portion thereof under the Municipal Airport Zoning Law [3-39-16 to 3-39-26 NMSA 1978] may be incorporated and made a part of such general zoning regulations, and be administered and enforced in connection therewith, but such general zoning regulations shall not limit the effectiveness or scope of the regulations adopted under this act. C. Any zoning or other regulations applicable to any area within which, according to an airport approach plan adopted by the legislative body, measures should be taken for the protection of airport approaches, including not only any airport zoning regulations adopted under Sections 3-39-16 through 3-39-26 NMSA 1978, but any zoning or other regulations dealing with the same or similar matters, that have been or may be adopted under authority other than that conferred by Sections 3-39-16 through 3-39-26 NMSA 1978, shall be consistent with, and conform to, the legislative body's approach plan for such area, and shall be amended from time to time as may be necessary to conform to any revision of the plan that may be made by the legislative body. D. All airport zoning regulations adopted under Sections 3-39-16 through 3-39-26 NMSA 1978, shall be reasonable and none shall require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as provided in Section 3-39-21 NMSA 1978. History: 1953 Comp., § 14-40-18, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For zoning regulations, see 3-21-1 NMSA 1978 et seq. Law reviews. — For note, "County Regulation of Land Use and Development," see 9 Nat. Resources J. 266 (1969). Am. Jur. 2d, A.L.R. and C.J.S. references. — 8 Am. Jur. 2d Aviation §§ 58, 59.
NM Stat § 3-39-21 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 39 - Municipal Airports|Section 3-39-21 - Permits and variances.

A. When advisable to facilitate the enforcement of the Municipal Airport Zoning Law [3-39-16 to 3-39-26 NMSA 1978], a system may be established for granting permits to establish or construct new structures and other uses. In any event, before any nonconforming structure may be replaced with a taller one or any nonconforming tree allowed to grow higher or be replanted, a permit must be secured from the administrative agency authorized to administer and enforce the regulations, authorizing such replacement or change. No such permit shall be granted that would allow the structure to become a greater hazard to air navigation than it was when the applicable regulation was adopted; and whenever the administrative agency determines that nonconforming structure or tree has been abandoned or more than eighty percent torn down, destroyed, deteriorated or decayed, no permit shall be granted that would allow said structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. Except as indicated, all applications for permits for replacement, change or repair of nonconforming uses shall be granted. B. Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or otherwise use his property, in violation of airport zoning regulations adopted under the Municipal Airport Zoning Law, may apply to the board of appeals, as provided in Section 3-39-22 NMSA 1978, for a variance from the zoning regulations in question. Such variance shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations. C. In granting any permit or variance under this section, the administrative agency or board of appeals may, if it deems such action advisable to effectuate the purposes of the Municipal Airport Zoning Law, and reasonable in the circumstances, so condition such permit or variance as to require the owner of the structure or tree in question to permit the political subdivision, at its own expense, to install, operate and maintain suitable obstruction markers and obstruction lights thereon. History: 1953 Comp., § 14-40-19, enacted by Laws 1965, ch. 300.
NM Stat § 3-39-23 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 39 - Municipal Airports|Section 3-39-23 - Judicial review.

A. Any person aggrieved by a decision of the board of appeals, any taxpayer or any officer, department, board or bureau of the political subdivision may file an appeal pursuant to the provisions of Section 39-3-1.1 NMSA 1978. B. Costs shall not be allowed against the board of appeals unless it appears to the court that it acted with gross negligence, in bad faith or with malice in making the decision appealed from. History: 1953 Comp., § 14-40-21, enacted by Laws 1965, ch. 300; 1998, ch. 55, § 13; 1999, ch. 265, § 13. ANNOTATIONSCross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA. The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection A. The 1998 amendment, effective September 1, 1998, rewrote this section.
NM Stat § 3-39-24 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 39 - Municipal Airports|Section 3-39-24 - Enforcement and remedies.

Each violation of the Municipal Airport Zoning Law [3-39-16 to 3-39-26 NMSA 1978] or of any regulations, order or ruling promulgated or made pursuant to this act, shall constitute a misdemeanor and shall be punishable by a fine of not more than one hundred dollars ($100) or imprisonment for not more than ninety days or by both such fine and imprisonment, and each day a violation continues to exist shall constitute a separate offense. In addition the legislative body or the political subdivision within which the property is located may institute in any court of competent jurisdiction, an action to prevent, restrain, correct or abate any violation of the Municipal Airport Zoning Law, or of airport zoning regulations adopted under the Municipal Airport Zoning Law, or of any order or ruling made in connection with their administration or enforcement, and the court shall adjudge to the plaintiff such relief, by the way of injunction, which may be mandatory, or otherwise, as may be proper under all the facts and circumstances of the case, in order fully to effectuate the purposes of the Municipal Airport Zoning Law and of the regulations adopted and orders made pursuant thereto. History: 1953 Comp., § 14-40-22, enacted by Laws 1965, ch. 300.
NM Stat § 3-39-25 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 39 - Municipal Airports|Section 3-39-25 - Removal of airport obstructions by municipalities.

Any county, municipality or political subdivision which is authorized by law to establish and maintain an airport or landing field, hereby is authorized and empowered whenever, in the judgment of the legislative body of such county, municipality or other political subdivision, any structure or object located adjacent to such airport or landing field constitutes a hazard to the efficient and safe use of such airport or landing field, or whenever notified of the existence of any such hazard to require the removal and elimination or relocation of such structure or such object, and to acquire all necessary lands or rights-of-way and easements over lands incidental to such removal, elimination or relocation of any such structure or object upon payment to the owner of any land that may be affected by such relocation and the damages occasioned by such removal, elimination or relocation. History: 1953 Comp., § 14-40-23, enacted by Laws 1965, ch. 300.
NM Stat § 3-39-26 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 39 - Municipal Airports|Section 3-39-26 - Acquisition of air rights.

In any case in which: A. it is desired to remove, lower or otherwise terminate a nonconforming use; or B. the approach protection necessary according to the legislative body's airport approach plan cannot, because of constitutional limitations, be provided by airport zoning regulations under the Municipal Airport Zoning Law [3-39-16 to 3-39-26 NMSA 1978]; or C. it appears advisable that the necessary approach protection is provided by acquisition of property rights rather than by airport zoning regulations, the political subdivision within which the property or nonconforming use is now located, or the political subdivision owning the airport or served by it, may acquire, by purchase, grant or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire real property for public purposes, such an air right, easement or other estate or interest in the property or nonconforming use in question as may be necessary to effectuate the purpose of the Municipal Airport Zoning Law. History: 1953 Comp., § 14-40-24, enacted by Laws 1965, ch. 300.
NM Stat § 3-39-27 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 39 - Municipal Airports|Section 3-39-27 - Issuance of bonds; purposes.

Subject to the limitation and in accordance with Article 9 of the constitution of New Mexico, any municipality may issue and dispose of negotiable bonds thereof, for the purposes of securing funds for the acquisition or construction of an airport or any part of an airport and the rights and properties used and connected with the airport in the manner provided for in Sections 3-30-1 through 3-30-9 NMSA 1978. History: 1953 Comp., § 14-40-25, enacted by Laws 1965, ch. 300.
NM Stat § 3-40-1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 40 - Municipal Cemeteries|Section 3-40-1 - Cemeteries; authorization.

A. Subject to the provisions of law relating to the maintaining of cemeteries, a municipality may establish, maintain and regulate a municipal cemetery and may acquire within the planning and platting jurisdiction of the municipality, or condemn within the municipality in the manner provided by law, any property for cemetery purposes. Any property acquired for cemetery purposes by condemnation shall be acquired at a location that is in compliance with a municipality's master plan. B. A municipality may abandon any street within a municipal cemetery, provided that ownership is retained by the municipality and the abandoned street is used for a municipal purpose. History: 1953 Comp., § 14-41-1, enacted by Laws 1973, ch. 395, § 4. ANNOTATIONSRepeals and reenactments. — Laws 1973, ch. 395, § 4, repealed 14-41-1, 1953 Comp., relating to authorization for cemeteries, and enacted a new section. Cross references. — For power of municipality to regulate cemeteries, see 3-18-8 NMSA 1978. For tax exemption of nonprofit cemeteries, see N.M. Const., art. VIII, § 3. For school sections used for cemetery purposes, see 19-7-23 and 19-7-24 NMSA 1978. For Endowed Care Cemetery Act, see 58-17-1 NMSA 1978 et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 Am. Jur. 2d Cemeteries § 3. Succession tax, exemption from, in respect of bequest to cemetery association or cost of burial plot, 83 A.L.R. 931. Zoning regulations, variance or exceptions from, 168 A.L.R. 90. Gift for maintenance or care of private cemetery or burial lot, or of tomb or of monument, including the erection thereof, as valid trust, 47 A.L.R.2d 596. Validity of public prohibition or regulation of location of cemetery, 50 A.L.R.2d 905. Nuisance, cemetery or burial ground as, 50 A.L.R.2d 1324. Condemnation: municipal power to condemn land for cemetery, 54 A.L.R.2d 1322. Liability of cemetery in connection with conducting or supervising burial services, 42 A.L.R.4th 1059. 14 C.J.S. Cemeteries § 4.
NM Stat § 3-40-2 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 40 - Municipal Cemeteries|Section 3-40-2 - Cemetery board; appointment of members; term; qualifications.

A. A municipality may create by ordinance a "cemetery board" to care for, manage and control a municipal cemetery. The cemetery board shall: (1) be known as the "cemetery board of ........."; (2) consist of five members; and (3) be appointed by the mayor with the consent of the governing body. B. A member of the cemetery board shall: (1) hold office for a term of two years; (2) serve without compensation; and (3) qualify by taking an oath of office to faithfully and impartially discharge the duties of the office. C. Within ten days of their appointment, the members of the cemetery board shall meet and organize by electing one of the members president of the board. The cemetery board shall adopt regulations governing the time and place of its meeting. History: 1953 Comp., § 14-41-2, enacted by Laws 1973, ch. 395, § 5. ANNOTATIONSRepeals and reenactments. — Laws 1973, ch. 395, § 5, repealed 14-41-2, 1953 Comp., relating to cemetery boards, and enacted a new section.
NM Stat § 3-40-3 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 40 - Municipal Cemeteries|Section 3-40-3 - Removal of cemetery board members; filling vacancies.

The governing body of a municipality may remove a member of the cemetery board for cause and shall fill any vacancy on the cemetery board that may occur. History: 1953 Comp., § 14-41-3, enacted by Laws 1965, ch. 300.
NM Stat § 3-40-4 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 40 - Municipal Cemeteries|Section 3-40-4 - Cemetery board; duties of municipal clerk.

The municipal clerk shall serve as clerk and treasurer of the cemetery board without additional compensation. History: 1953 Comp., § 14-41-4, enacted by Laws 1965, ch. 300.
NM Stat § 3-40-5 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 40 - Municipal Cemeteries|Section 3-40-5 - Powers and duties of cemetery board.

The cemetery board shall: A. take charge of the cemetery belonging to the municipality; B. have the management of the cemetery; C. recommend rules and regulations for the operation, management, care and custody of the cemetery; D. employ a sexton and other employees necessary for the care, maintenance and beautification of the cemetery; and E. prescribe the manner and place of burials. History: 1953 Comp., § 14-41-5, enacted by Laws 1973, ch. 395, § 6. ANNOTATIONSRepeals and reenactments. — Laws 1973, ch. 395, § 6, repealed 14-41-5, 1953 Comp., relating to powers and duties of cemetery board, and enacted a new section.
NM Stat § 3-40-6 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 40 - Municipal Cemeteries|Section 3-40-6 - Cemeteries; ordinance to enforce regulation.

Upon the recommendation of the cemetery board or on its own discretion, the governing body of a municipality may provide, by ordinance, penalties for the violation of the rules and regulations of the cemetery board. History: 1953 Comp., § 14-41-7, enacted by Laws 1965, ch. 300.
NM Stat § 3-40-7 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 40 - Municipal Cemeteries|Section 3-40-7 - Transfer of other cemeteries to cemetery board.

A. Subject to the approval of the governing body of the municipality, a cemetery board may accept any cemetery within or adjacent to the municipality used as a burial place by the inhabitants of the municipality from any person, corporation or organization owning, controlling or maintaining the cemetery. B. If the cemetery board accepts a cemetery whose records have been lost or destroyed or are otherwise nonexistent, the cemetery board or the municipality shall not be liable for any liabilities of prior owners. C. Any cemetery accepted by the cemetery board as provided in this section shall become part of the municipality and shall be governed as any other municipal cemetery is governed. History: 1953 Comp., § 14-41-8, enacted by Laws 1965, ch. 300; 2001, ch. 301, § 1. ANNOTATIONSThe 2001 amendment, effective April 5, 2001, added current Subsection B and redesignated former Subsection B as C.
NM Stat § 3-40-8 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 40 - Municipal Cemeteries|Section 3-40-8 - Deeds to burial lots; execution.

The municipality in disposing of a burial lot may execute a deed conveying title to a purchaser. The deed is to be executed by the mayor and attested to by the clerk and bear the seal of the municipality. History: 1953 Comp., § 14-41-9, enacted by Laws 1973, ch. 395, § 7. ANNOTATIONSRepeals and reenactments. — Laws 1973, ch. 395, § 7, repealed 14-41-9, 1953 Comp., relating to execution of deeds to burial lots, and enacted a new section. Am. Jur. 2d, A.L.R. and C.J.S. references. — Personal representative or heir, right to sell burial lot owned by deceased, 76 A.L.R. 1371. Rights and remedies as between cotenants of cemetery lots respecting burials therein, 10 A.L.R.2d 219. To whom does title to burial lot pass on testator's death, in absence of specific provision in will, 26 A.L.R.3d 1425.
NM Stat § 3-40-9 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 40 - Municipal Cemeteries|Section 3-40-9 - Acquisition or condemnation of an existing cemetery.

A. Except as provided in Subsection B of Section 3-40-7 NMSA 1978, a municipality shall not acquire or condemn a cemetery or part of a cemetery unless a detailed audit listing all the assets and liabilities of the cemetery is prepared by a certified public accountant and submitted to the governing body. The municipality shall not be held liable for any liabilities not shown in the audit. B. Any person, estate, trust, receiver or other group acting as a unit shall transfer to the municipality all records, property, trusts and other relevant material pertaining to the cemetery or part of the cemetery acquired or condemned by the municipality. The acquisition or condemnation and transfer of a cemetery or part of a cemetery shall be in compliance with the Endowed Care Cemetery Act of 1961 [Chapter 58, Article 17 NMSA 1978] and other provisions relating to cemeteries. History: 1953 Comp., § 14-41-10, enacted by Laws 1973, ch. 395, § 8; 2001, ch. 301, § 2. ANNOTATIONSRepeals and reenactments. — Laws 1973, ch. 395, § 8, repealed 14-41-10, 1953 Comp., relating to acquisition or condemnation of an existing cemetery, and enacted a new section. The 2001 amendment, effective April 5, 2001, added the exception at the beginning of Subsection A and made stylistic changes throughout the section.
NM Stat § 3-41-1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 41 - Flood Control|Section 3-41-1 - Flood control; authorization.

A. For the purpose of protecting its inhabitants from damage by flood waters, a municipality may construct and maintain within or without the municipality: (1) dikes; (2) dams; (3) embankments; (4) ditches; (5) storm sewers; (6) structures; or (7) excavations necessary to prevent flood waters from damaging property or threatening human lives within the municipality. B. The municipality may change, extend, widen, deepen and raise the natural channel of any stream within or without the municipality or remove any obstruction in any stream within or without the municipality for the purpose of opening a channel and diverting flood waters. History: 1953 Comp., § 14-42-1, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For municipal powers regarding flood and mudslide hazard areas, see 3-18-7 NMSA 1978. For county flood control, see 4-50-1 NMSA 1978 et seq. Law reviews. — For article, "Existing Legislation and Proposed Model Flood Plain Ordinance for New Mexico Municipalities," see 9 Nat. Resources J. 629 (1969). Am. Jur. 2d, A.L.R. and C.J.S. references. — 50 Am. Jur. 2d Levees and Flood Control §§ 2, 4. Flood protection measures, 5 A.L.R.2d 57. Right of riparian owner to construct dikes, embankments, or other structures necessary to maintain or restore bank of stream or to prevent flood, 23 A.L.R.2d 750. Injunctive relief against diversion of water by municipal corporation or public utility, propriety of, 42 A.L.R.3d 426. Liability of governmental entity for issuance of permit for construction which caused or accelerated flooding, 62 A.L.R.3d 514. 52A C.J.S. Levees and Flood Control §§ 3, 4.
NM Stat § 3-41-3 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 41 - Flood Control|Section 3-41-3 - Flood control; eminent domain; condemnation.

A. A municipality may acquire by condemnation land, easements and right-of-way within or without the municipality for any construction as authorized in Section 3-41-1 NMSA 1978, or the removal of any obstruction in a stream. B. The proceedings for condemnation shall be as authorized by law. If the governing body determines that the compensation awarded by the commissioners, as provided in Section 42-1-3 NMSA 1978 [repealed] is more than the municipality should pay or is able to pay, the municipality, before taking possession of the property or removing any obstruction, may dismiss the proceedings for condemnation and is relieved of any obligation to pay compensation. History: 1953 Comp., § 14-42-3, enacted by Laws 1965, ch. 300; 1969, ch. 251, § 10. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1981, ch. 125, § 62 repealed 42-1-3 NMSA 1978, effective July 1, 1981. For present comparable provisions, see 42A-1-1 to 42A-1-34 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Eminent Domain § 69. Compensation for diminution in value of the remainder of property resulting from taking or use of adjoining land of others for the same undertaking, 59 A.L.R.3d 488. 29A C.J.S. Eminent Domain § 39.
NM Stat § 3-41-4 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 41 - Flood Control|Section 3-41-4 - Flood control; right of entry; obstructing.

A. An employee or representative of a municipality has free and unobstructed ingress and egress on any land or premise if such ingress or egress is necessary to carry out the provisions of Sections 3-41-1 through 3-41-5 NMSA 1978, and is not liable for damages because of such entry except for wanton and malicious injury. Any person obstructing such ingress or egress is guilty of a misdemeanor. B. If the state engineer files a written objection with the governing body, no dike, embankment, dam, ditch, structure or excavation shall be constructed or maintained in any public stream except in a manner approved by the state engineer. History: 1953 Comp., § 14-42-4, enacted by Laws 1965, ch. 300.
NM Stat § 3-41-5 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 41 - Flood Control|Section 3-41-5 - Flood control; cooperation with other public agencies.

A municipality may cooperate with: A. any other municipality; B. any county or any flood control authority; C. the state of New Mexico; or D. any agency of the United States, in carrying out the objectives of Sections 3-41-1 through 3-41-5 NMSA 1978. History: 1953 Comp., § 14-42-5, enacted by Laws 1965, ch. 300.