reglab/housing_qa huggingface dataset:
NM Stat § 4-55A-3 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 55A - County Improvement Districts|Section 4-55A-3 - Improvement district; authorization; limitation.

A. Whenever the board determines that the creation of an improvement district is necessary for the public safety, health or welfare, the board may create an improvement district for any one or any combination of projects authorized in the County Improvement District Act by the: (1) provisional order method; or (2) petition method. B. The board may adopt any ordinance or resolution necessary or proper to accomplish the purposes of the County Improvement District Act. C. The improvement district shall include for the purpose of assessment or imposition of an improvement district property tax all the property that the board determines is benefited by the improvement authorized by the County Improvement District Act, including property used for public, governmental, charitable or religious purposes, except that of the United States or any agency, instrumentality or corporation thereof in the absence of a consent of congress, but shall not include any property within the exterior boundaries of a municipality except as provided in Section 4-55A-5 NMSA 1978 and for purposes of the imposition of an improvement district, property tax shall not include real property exempt from property taxation. History: Laws 1980, ch. 91, § 3; 1991, ch. 199, § 32; 1998, ch. 47, § 3. ANNOTATIONSThe 1998 amendment, effective July 1, 1998, in Subsection A, substituted "the County Improvement District Act" for "Chapter 4, Article 55A NMSA 1978"; in Subsection C, inserted "or imposition of an improvement district property tax", substituted "that" for "which", substituted "the County Improvement District Act" for "Sections 4-55A-1 through 4-55A-39 NMSA 1978"; substituted "used" for "utilized" and inserted "and for purposes of the imposition of an improvement district, property tax shall not include real property exempt from property taxation". The 1991 amendment, effective April 4, 1991, substituted "Chapter 4, Article 55A NMSA 1978" for "Section 4 of the County Improvement District Act" in Subsection A and, in Subsection C, inserted "authorized by Sections 4-55A-1 through 4-55A-39 NMSA 1978" near the beginning, substituted "Section 4-55A-5 NMSA 1978" for "Section 5 of the County Improvement District Act" at the end, and made a minor stylistic change.
NM Stat § 4-55A-4.1 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 55A - County Improvement Districts|Section 4-55A-4.1 - Improvement district; additional purpose.

An improvement district may also be created as authorized in Chapter 4, Article 55A NMSA 1978 in order to construct, repair or maintain improvements in one or more locations as a means to stimulate manufacturing, industrial, commercial or business development or to construct or acquire, repair, operate and maintain one or more of the following inadequacies necessary to bring a premature subdivision into compliance within an improvement district within a municipality: A. street right-of-way or street access control; B. drainage easements or right-of-way; C. park, recreation or open-space areas; D. overall grading and drainage plan; and E. adequate subdivision grading both on or off the public right-of-way. History: Laws 1991, ch. 17, § 4; Laws 1991, ch. 199, § 34. ANNOTATIONSCompiler's notes. — Laws 1991, ch. 17, § 4 and Laws 1991, ch. 199, § 34 enacted similar versions of this section. The section was set out as enacted by Laws 1991, ch. 199, § 34. See 12-1-8 NMSA 1978. The introductory paragraph in the Laws 1991, ch. 17, § 4 version read "An improvement district may also be created as authorized in Section 4-55A-3 NMSA 1978 in order to construct or acquire, repair, operate and maintain one or more of the following inadequacies necessary to bring a premature subdivision into compliance within an improvement district within a county". The only other difference was that in the Laws 1991, ch. 17, § 4 version "or" instead of "and" appeared at the end of Subsection D.
NM Stat § 4-55A-5 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 55A - County Improvement Districts|Section 4-55A-5 - Improvement district; powers of a county.

Every county shall have the power to construct improvements authorized by the County Improvement District Act on any location within the boundaries of the county, a municipality or another county. Improvements shall be constructed pursuant to the powers granted in the County Improvement District Act only if the governing body of the municipality or the board of county commissioners of such other county in which such improvements are to be made has, by resolution submitted to the board of county commissioners of the county, determined: A. that the construction of such improvements is in the best interests of the municipality or such other county; B. that the maximum amount of benefit estimated to be conferred on the tracts or parcels of land lying within the municipality or such other county is determined in the same manner as the maximum amount of benefit estimated to be conferred on the tracts or parcels of land lying within the county; and C. that the owners of real property representing at least fifty-one percent of the total assessed valuation of the property benefited, which lies within the municipality or such other county, have not objected in writing to such improvements within thirty days after having received written notice of the adoption of the provisional order described in Subsection E of Section 4-55A-11 [4-55A-7] NMSA 1978 by the board of county commissioners. The board of county commissioners may enter into a joint powers agreement with the governing body of the municipality or the board of county commissioners of such other county to provide for joint administration of any such improvement district. History: Laws 1980, ch. 91, § 5; 1991, ch. 199, § 35. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler to correct an apparently erroneous internal reference and is not part of the law. The 1991 amendment, effective April 4, 1991, rewrote this section which read "Every county shall have the power to construct improvements authorized by the County Improvement District Act on or through any street or right-of-way one side of which lies within the boundaries of a municipality. The board may enter into a joint powers agreement with the governing body of the municipality to provide for joint administration of any such improvement district".
NM Stat § 4-55A-6 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 55A - County Improvement Districts|Section 4-55A-6 - Improvement district; limitations on powers of county with respect to street or right of way under jurisdiction of state transportation commission.

The county shall not construct improvements on or through any street or right of way under the jurisdiction of the state transportation commission unless it receives prior written approval from the state transportation commission to undertake such improvements. History: Laws 1980, ch. 91, § 6; 2003, ch. 142, § 2. ANNOTATIONSCross references. — For jurisdiction of state transportation commission, see 67-3-14 NMSA 1978. The 2003 amendment, effective July 1, 2003, substituted "transportation commission" for "highway commission" in the section heading and the section.
NM Stat § 4-55A-8 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 55A - County Improvement Districts|Section 4-55A-8 - Improvement district; notice of assessment; protests.

A. The notice of the provisional order creating an improvement district shall: (1) contain the time and place when the board shall hold a hearing on the provisional order creating the improvement district; (2) describe the improvement to be constructed and the general location thereof; and (3) state that any interested person may ascertain in the office of the county clerk: (a) a description of the property to be assessed; and (b) the maximum amount of benefit estimated to be conferred on each tract or parcel of land. B. Not more than thirty days nor less than ten days before the day of the hearing, the county clerk, his deputy or the engineer shall mail the notice of the hearing on the provisional order to the owner of the tract or parcel of land being assessed the cost of the improvement at his last known address. The name and address of the owner of each tract of land shall be obtained from the records of the county assessor or any other source the county clerk or engineer deems reliable. Proof of the mailing is to be made by affidavit of the county clerk, his deputy or the engineer, and shall be filed in the office of the county clerk. Failure to mail any notice shall not invalidate any of the proceedings authorized in the County Improvement District Act. C. Notice of the hearing shall also be published once each week for three consecutive weeks and the last publication shall be at least one week prior to the day of the hearing. Such service by publication shall be verified by an affidavit of the publisher which is to be filed in the office of the county clerk. History: Laws 1980, ch. 91, § 8. ANNOTATIONSCross references. — For payment of notice of order, see 14-11-7 NMSA 1978.
NM Stat § 4-55A-9 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 55A - County Improvement Districts|Section 4-55A-9 - Improvement district; provisional order; protest; action in district court.

A. At the hearing of the board on the provisional order creating an improvement district, any interested person or owner of property to be assessed for the improvement may file a written protest or objection questioning the: (1) propriety and advisability of constructing the improvement; (2) estimated cost of the improvement; (3) manner of paying for the improvement; or (4) estimated maximum benefit to each individual tract or parcel of land. B. The board may recess the hearing from time to time so that all protestants may be heard. C. Within thirty days after the board, by adoption of a resolution, has: (1) concluded the hearing; (2) determined: (a) the advisability of constructing the improvement; and (b) the type and character of the improvement; and (3) created the improvement district; any person who during the hearing filed a written protest with the board protesting the construction of the improvement may commence an action in district court to correct or set aside the determination of the board. After the lapse of thirty days after adoption of the resolution by the board, any action attacking the validity of the proceedings and the amount of benefit to be derived from the improvement is perpetually barred. Where no person has filed a written protest during the hearing and all owners of property to be assessed, upon conclusion of the hearing submit to the governing body written statements in favor of the creation of the improvement district for the types and character of improvements indicated in the provisional order, such owners shall be deemed to have waived their right to bring any action challenging the validity of the proceedings or the amount of benefit to be derived from the improvements. History: Laws 1980, ch. 91, § 9; 1991, ch. 199, § 37. ANNOTATIONSThe 1991 amendment, effective April 4, 1991, substituted "estimated maximum benefit to each" for "amount to be assessed against the" at the beginning of Subsection A(4) and, in Subsection C, inserted "by adoption of a resolution" in the introductory phrase, substituted "adoption of the resolution by" for "the determination of" in the first full sentence in Paragraph (3) and added the final sentence in Paragraph (3).
NM Stat § 4-55A-10 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 55A - County Improvement Districts|Section 4-55A-10 - Improvement district; petition method; requirements; distribution of costs; notice of hearing.

A. Whenever the owners of sixty-six and two-thirds percent or more of the total assessed valuation of the property described in Subsection C of Section 4-55A-3 NMSA 1978, but exclusive of any land owned by the United States or the state of New Mexico, petition the board in writing to create an improvement district and construct the improvement described in the petition, the board may: (1) create the improvement district; (2) select the type of material and method of construction to be used; and (3) proceed with the construction of the improvement as authorized in Section 4-55A-14 NMSA 1978 after complying with the requirements for a preliminary hearing required in this section. A governing body of a municipality, board of county commissioners or local board of education may sign a petition seeking the improvement for any land under its control. The submission of separate petitions for any one improvement district within a six-month period shall be considered as a single petition. B. The board may: (1) pay the cost of the improvement; (2) assess the cost of the improvement against the benefiting tracts or parcels of land; (3) pay part of the cost of the improvement and assess part of the cost of the improvement against the benefiting tracts or parcels of land; or (4) impose an improvement district property tax pursuant to the County Improvement District Act. C. If any part or all of the cost of the improvement sought to be constructed as authorized in this section is to be assessed against the benefiting tracts or parcels of land or paid for by the imposition of an improvement district property tax, the board shall hold a preliminary hearing on the proposed improvement district and give notice of the preliminary hearing. History: Laws 1980, ch. 91, § 10; 1991, ch. 199, § 38; 1998, ch. 47, § 4. ANNOTATIONSThe 1998 amendment, effective July 1, 1998, in Subsection A, substituted "described in Subsection C of Section 4-55A-3 NMSA 1978, but" for "to be benefited"; added Subsection B(4); in Subsection C, inserted "or paid for by the imposition of an improvement district property tax"; and made minor stylistic changes. The 1991 amendment, effective April 4, 1991, in the introductory paragraph in Subsection A, substituted "total assessed valuation of the property to be benefited" for "front feet of any tracts or parcels of land", deleted "which abuts on a street or road" following "New Mexico" and made a minor stylistic change; in Subsection A(3), substituted "Section 4-55A-14 NMSA 1978" for "Section 14 of the County Improvement District Act" in the first sentence and substituted "for any one improvement district" for "on any one street" in the second sentence; substituted "benefiting tracts or parcels" for "abutting tract or parcel" in Subsections B(2) and B(3); and substituted "tracts or parcels" for "tract or parcel" in Subsection C.
NM Stat § 4-55A-11 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 55A - County Improvement Districts|Section 4-55A-11 - Improvement district; notice of preliminary hearing.

A. The notice of the preliminary hearing required in Section 4-55A-10 NMSA 1978 shall contain: (1) the time and place when the board will hold a preliminary hearing on the proposed improvement; (2) the estimated cost of the improvement; (3) the boundary of the improvement district; (4) the route of the improvement by streets or roads or location of the improvements; (5) the location of the proposed improvement; (6) a description of each property to be assessed or against which an improvement district property tax is to be imposed; (7) the estimated amount of the assessment against or property tax imposed upon each tract or parcel of land; and (8) the amount of the cost to be assumed by the county, if any. B. If the owners are found within the county, the notices shall be personally served on them at least thirty days prior to the day of the hearing. The notice shall also be published in a newspaper published in the county once each week for four successive weeks. The last publication shall be at least three days before the day of the preliminary hearing. History: Laws 1980, ch. 91, § 11; 1991, ch. 199, § 39; 1998, ch. 47, § 5. ANNOTATIONSCross references. — For payment of notice of hearing, see 14-11-7 NMSA 1978. The 1998 amendment, effective July 1, 1998, in Subsection A(6), inserted "or against which an improvement district property tax is to be imposed" and in Subsection A(7), inserted "or property tax imposed upon". The 1991 amendment, effective April 4, 1991, in Subsection A, substituted "Section 4-55A-10 NMSA 1978" for "Section 10 of the County Improvement District Act" in the introductory phrase, added "or location of the improvements" at the end of Paragraph (4), and substituted "location" for "places of commencement and end" in Paragraph (5).
NM Stat § 4-55A-13 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 55A - County Improvement Districts|Section 4-55A-13 - Improvement district; levy and collection of assessments prior to commencing improvement; special fund; misuse; penalty.

A. Whenever the board: (1) elects to order the construction of a street or road as authorized in the County Improvement District Act; (2) uses county owned or leased equipment to construct the street or road; and (3) determines what portion of the estimated cost of the construction shall be paid by tract or parcel of land benefited or to be benefited by the construction, the assessment may be levied and the installments collected prior to the commencement of work and as work progresses according to the terms of payment fixed by the board. B. The construction shall commence within sixty days after the payment of the first installment of the assessment and be diligently prosecuted so that the construction is completed within one year from the date of commencement. At the end of the one-year period, any tract or parcel of land that has not received the benefits provided by this section shall be released of any lien assessed against the tract or parcel of land by reason of this section and all assessment money collected from each owner of a tract or parcel of land so assessed and not benefited shall be returned. C. All assessment money collected under this section shall be held by the county treasurer in a special account as a separate fund and used only for constructing the improvement, including the purchasing or leasing of necessary equipment. The use of the special fund for any purpose other than that required under this section by any public official, treasurer or member of the board is prohibited and is a felony punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in the penitentiary for not more than two years or by both fine and imprisonment in the discretion of the court. History: Laws 1980, ch. 91, § 13.
NM Stat § 4-55A-14 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 55A - County Improvement Districts|Section 4-55A-14 - Improvement district; advertising for bids; county may do work; contribution by governmental agency.

A. If a continuous area proposed to be improved on any one street or road exceeds five hundred feet in length, the board, before using county equipment and employees to construct the improvement, shall advertise for bids for the construction of the improvement and award the contract for the construction of the improvement to the lowest responsible bidder; provided, however, a county may construct the improvement using the same specifications upon which bids were requested if: (1) the county can guarantee to construct the improvement for an amount less than the lowest bid amount and not assess the benefiting tracts or parcels of land an amount in excess of the lowest responsible bid if a bid is received; or (2) the county receives no bids for the construction of the improvement. B. A county using county owned or leased equipment and county employees in constructing an improvement may cooperate with another governmental agency which contributes money, labor or a portion of the cost of materials towards completion of the improvement. History: Laws 1980, ch. 91, § 14. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Standing of disappointed bidder on public contract to seek damages under 42 USCS § 1983 for public authorities' alleged violation of bidding procedures, 86 A.L.R. Fed. 904.
NM Stat § 4-55A-15 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 55A - County Improvement Districts|Section 4-55A-15 - Notice of bid; acceptance of bid.

A. After the board creates an improvement district, the board may proceed as authorized in Section 13 or 14 [4-55A-13 or 4-55A-14 NMSA 1978] of the County Improvement District Act or call for sealed bids on the proposed improvement. The notice of the call for bids shall be made in accordance with the provisions of Section 13-1-11 NMSA 1978. B. After advertising for bids, the county may make minor alterations or changes in the plans and specifications to correct errors or omissions in the original plans and specifications. C. The board shall award the contract to the lowest responsible bidder unless the board: (1) elects to construct the improvement as authorized in Section 13 or 14 [4-55A-13 or 4-55A-14 NMSA 1978] of the County Improvement District Act; (2) rejects all bids submitted for the construction of the improvement. Such bids shall be rejected in the following manner: (a) if less than three bids are received, the purchase may be made without bids at the best documented obtainable price; or (b) if three or more bids are received, the county may reject any or all bids but shall readvertise and accept new bids; and (c) if no new bids are received or if all new bids are rejected, the rejection shall be accompanied by a written statement of the board declaring the reasons for the rejection and the county may then purchase the required items on the open market at the best documented price. History: Laws 1980, ch. 91, § 15. ANNOTATIONSCompiler's notes. — Section 13-1-11 NMSA 1978, referred to in the second sentence in Subsection A, was repealed in 1984. For present comparable provisions, see 13-1-105 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Low bidder's monetary relief against state or local agency for nonaward of contract, 65 A.L.R.4th 93.
NM Stat § 4-55A-16 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 55A - County Improvement Districts|Section 4-55A-16 - Improvement district; assessment of railroad property.

The board may assess the property of any railroad or street railroad which occupies or abuts any street the whole cost of the improvement between or under the rails or tracks and two feet on each side of the rail or track of the railroad or street railroad. The assessment shall be levied as other assessments are levied and shall constitute a lien coequal with the lien of other taxes and prior and superior to all other liens, claims and titles, and may be enforced by sale of the railroad or street railroad property or by suit against the owner of the railroad or street railroad. History: Laws 1980, ch. 91, § 16.