reglab/housing_qa huggingface dataset:
NM Stat § 47-6-11.4 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 47-6-11.4 - Plat approval; proof of adequate water supply on lands from which irrigation water rights have been severed.

A. Before approving the final plat for a subdivision of land from which irrigation water rights appurtenant to the land have been severed, 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 acquire sufficient water rights through a permit issued pursuant to Section 72-5-1, 72-5-23, 72-5-24, 72-12-3 or 72-12-7 NMSA 1978 for 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. B. The provisions of this section shall only apply to land from which irrigation water rights that are appurtenant to that land are severed after the effective date of this section. History: Laws 2013, ch. 173, § 2. ANNOTATIONSEmergency clauses. — Laws 2013, ch. 173, § 3, contained an emergency clause and was approved April 4, 2013.
NM Stat § 47-6-13 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 47-6-13 - Repealed.

ANNOTATIONSRepeals. — Laws 1995, ch. 212, § 32 repealed 47-6-12 and 47-6-13 NMSA 1978, as enacted by Laws 1973, ch. 348, § 12 and as amended by Laws 1981, ch. 148, § 4, relating to approval for type-three, type-four and type-five subdivisions, effective July 1, 1996. For provisions of former sections, see the 1994 NMSA 1978 on NMOneSource.com.
NM Stat § 47-6-14 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 47-6-14 - Public hearings on preliminary plats.

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 circulation in the county. C. 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. Notice shall also be given to any public agency that issued an opinion or withheld an opinion on the basis of insufficient information. D. Public hearings on preliminary plats shall be held within thirty days from the receipt of all requested public agency opinions where all such opinions are favorable, or within thirty days from the date all public agencies complete their review of any additional information 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, views or arguments, 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. History: 1953 Comp., § 70-5-14, enacted by Laws 1973, ch. 348, § 14; 1995, ch. 212, § 15. ANNOTATIONSThe 1995 amendment, effective July 1, 1996, rewrote the section to such an extent that a detailed comparison would be impracticable. Am. Jur. 2d, A.L.R. and C.J.S. references. — 83 Am. Jur. 2d Zoning and Planning §§ 765, 768, 769, 779, 780. Validity and construction of statutory notice requirements prerequisite to adoption or amendment of zoning ordinance or regulation, 96 A.L.R.2d 449. 62 C.J.S. Municipal Corporations § 226(11).
NM Stat § 47-6-16 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 47-6-16 - Succeeding subdivisions.

Any proposed subdivision may be combined 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. History: 1953 Comp., § 70-5-16, enacted by Laws 1973, ch. 348, § 16; 1995, ch. 212, § 17. ANNOTATIONSThe 1995 amendment, effective July 1, 1996, deleted "either" at the end of the introductory paragraph; and substituted "created in the preceeding ten-year period" for "approved in the preceeding three-year period" in Subsections A and B.
NM Stat § 47-6-18 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 47-6-18 - Advertising standards.

A. Brochures, disclosure statements, publications and advertising of any form relating 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 given 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 from 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 facilities, 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. Copies 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. History: 1953 Comp., § 70-5-18, enacted by Laws 1973, ch. 348, § 18; 1995, ch. 212, § 19. ANNOTATIONSThe 1995 amendment, effective July 1, 1996, deleted "if a disclosure statement is required for the subdivision" at the end of Paragraph A(8). Am. Jur. 2d, A.L.R. and C.J.S. references. — 12 Am. Jur. 2d Brokers § 20. Validity, construction and application of statutes or ordinances directed against false or fraudulent statements in advertisements, 89 A.L.R. 1004. Broker's liability for fraud or misrepresentation concerning development or nondevelopment of nearby property, 71 A.L.R.4th 511. 35 C.J.S. False Pretenses § 30.
NM Stat § 47-6-19 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 47-6-19 - Road development.

A. Roads within a subdivision shall be constructed only on a schedule approved by the board of county commissioners. In approving or disapproving 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 commence 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. All proposed roads shall conform to minimum 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 from the date of construction of the road. D. It is unlawful for the subdivider to grade or otherwise commence construction of roads unless the construction conforms to the schedule of road development approved by the board of county commissioners. History: 1953 Comp., § 70-5-19, enacted by Laws 1973, ch. 348, § 19; 1981, ch. 148, § 5; 1995, ch. 212, § 20. ANNOTATIONSThe 1995 amendment, effective July 1, 1996, inserted "and other persons acquiring an interest in subdivided land" in Paragraph A(5) and made minor stylistic changes. 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. — 83 Am. Jur. 2d Zoning and Planning §§ 518 to 528, 531 to 534, 564 to 567. Constitutionality, construction, and application of statutes regulating the subdivision or development of land for sale or lease in lots or parcels, 122 A.L.R. 501. Enforceability, by landowner, of subdivision developer's oral promise to construct or improve roads, 41 A.L.R.4th 573. 63 C.J.S. Municipal Corporations §§ 1042, 1044.
NM Stat § 47-6-20 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 47-6-20 - Public agencies required to provide counties with information.

A. Any public agency receiving a request from the board of county commissioners for an opinion and any Indian nation, tribe or pueblo that chooses to submit an opinion pursuant to Section 47-6-11 NMSA 1978 shall furnish 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 and Indian nation, tribe or pueblo with all relevant information that the board has received from the subdivider on the subject for which the board is seeking an opinion. If the public agency or Indian nation, tribe or pueblo does not have sufficient information upon which to base an opinion, the public agency or Indian nation, tribe or pueblo shall notify the board of this fact. B. All 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 or Indian nation, tribe or pueblo. History: 1953 Comp., § 70-5-20, enacted by Laws 1973, ch. 348, § 20; 1995, ch. 212, § 21; 2009, ch. 65, § 3. ANNOTATIONSThe 2009 amendment, effective June 19, 2009, in Subsection A, added "and any Indian nation, tribe or pueblo that chooses to submit an opinion"; and in Subsections A and B, added "and Indian nation, tribe or pueblo". The 1995 amendment, effective July 1, 1996, substituted "Public" for "State" in the section heading and throughout the section and substituted the language beginning "pursuant to" for "on water, water quality, liquid or solid waste disposal adequacy, terrain management or highway access shall furnish the board with the requested opinion" at the end of the first sentence in Subsection A.
NM Stat § 47-6-21 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 47-6-21 - Information reports.

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. History: 1953 Comp., § 70-5-21, enacted by Laws 1973, ch. 348, § 21; 1995, ch. 212, § 22. ANNOTATIONSThe 1995 amendment, effective July 1, 1996, inserted "requirements of the subdivision and the" near the beginning; deleted "and in determining whether or not the subdivision will conform with county regulations" preceding "the appropriate"; substituted "public agency" for "state agency" near the middle; and made a minor stylistic change. Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 129 et seq. 73 C.J.S. Public Administrative Law and Procedure §§ 81 to 83.
NM Stat § 47-6-22 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 47-6-22 - Time limit on administrative action.

A. All opinions required of public agencies or submitted by an Indian nation, tribe or pueblo shall be furnished to the board of county commissioners within thirty days after the public agencies or Indian nation, tribe or pueblo receives the written request and accompanying information from the board of county commissioners. If the board of county commissioners does not receive a requested opinion within 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 or Indian nation, tribe or pueblo to provide an opinion when requested by the board of county commissioners does not indicate that the subdivider's provisions concerning the subject of the opinion request were acceptable or unacceptable or adequate or inadequate. B. Final plats 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 complete. 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 plat has been approved. History: 1953 Comp., § 70-5-22, enacted by Laws 1973, ch. 348, § 22; 1981, ch. 148, § 6; 1995, ch. 212, § 23; 2009, ch. 65, § 4. ANNOTATIONSThe 2009 amendment, effective June 19, 2009, in Subsection A, added "or submitted by an Indian nation, tribe or pueblo" and "or Indian nation, tribe or pueblo". The 1995 amendment, effective July 1, 1996, rewrote the section to such an extent that a detailed comparison would be impracticable. Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 129 et seq. 73 C.J.S. Public Administrative Law and Procedure § 151.
NM Stat § 47-6-23 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 47-6-23 - Right of inspection; rescission.

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 giving 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 writing and shall be given within three days of the date of personal inspection. History: 1953 Comp., § 70-5-23, enacted by Laws 1973, ch. 348, § 23; 1995, ch. 212, § 24. ANNOTATIONSThe 1995 amendment, effective July 1, 1996, rewrote the section to such an extent that a detailed comparison would be impracticable. Am. Jur. 2d, A.L.R. and C.J.S. references. — 17A Am. Jur. 2d Contracts §§ 565 to 605. 91 C.J.S. Vendor and Purchaser § 156.
NM Stat § 47-6-24 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 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. History: 1953 Comp., § 70-5-24, enacted by Laws 1973, ch. 348, § 24. ANNOTATIONSLaw reviews. — For note, "Definitional Loopholes Limit New Mexico Counties' Authority to Regulate Subdivisions," see 24 Nat. Res. J. 1083 (1984).
NM Stat § 47-6-25 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 47-6-25 - Suspension of right of sale.

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. History: 1953 Comp., § 70-5-25, enacted by Laws 1973, ch. 348, § 25; 1995, ch. 212, § 26. ANNOTATIONSThe 1995 amendment, effective July 1, 1996, inserted "or otherwise unconveyed". Failure to comply with conditions of plat approval. — The board of county commissioners had authority to revoke plat approval when the owners of the property failed to comply with the conditions of final approval for a period of eighteen years after final approval. 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. Effect of noncompliance with plat approval prerequisites. — Where the subdivider fails to meet the conditions he agreed to accomplish and which were required by the county as a prerequisite to plat approval, suspension or revocation of plat approval remain realities for the developer until the subdivider complies with the reasonable conditions imposed by the county within its authority. Parker v. Bd. of Cnty. Comm'rs, 1979-NMSC-101, 93 N.M. 641, 603 P.2d 1098. Law reviews. — For note, "State Securities Law: A Valuable Tool for Regulating Investment Land Sales," see 7 N.M.L. Rev. 265 (1977).
NM Stat § 47-6-27 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 47-6-27 - Criminal penalties.

A. Any person who knowingly, intentionally or willfully commits a material violation of the New Mexico Subdivision Act is guilty of a misdemeanor, punishable by a fine of not more than ten thousand dollars ($10,000) per violation, or by imprisonment for not more than one year, or both. B. Any person who is convicted of a second or subsequent knowing, intentional or willful violation 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 violation or by imprisonment for not more than eighteen months, or both. History: 1953 Comp., § 70-5-27, enacted by Laws 1973, ch. 348, § 27; 1981, ch. 148, § 8; 1995, ch. 212, § 29. ANNOTATIONSBracketed material. — The bracketed words "this article" In Subsection A were added by the compiler and are not part of the law. The 1995 amendment, effective July 1, 1996, rewrote the section to such an extent that a detailed comparison would be impracticable. Law reviews. — For note, "State Securities Law: A Valuable Tool for Regulating Investment Land Sales," see 7 N.M.L. Rev. 265 (1977). 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. — 83 Am. Jur. 2d Zoning and Planning §§ 1099 to 1104. 36A C.J.S. Fines § 2.