reglab/housing_qa huggingface dataset:
NM Stat § 3-2-2 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 2 - Incorporation of Municipality|Section 3-2-2 - Characteristics of territory proposed to be incorporated as a municipality.

A. A territory proposed to be incorporated as a municipality shall: (1) not be within the boundary of another municipality; (2) have a population density of not less than one person per acre, except for a class B county with a net taxable value of property for property tax purposes in 1990 of over ninety-five million dollars ($95,000,000) and a population of less than ten thousand according to the 1990 federal decennial census and where the population density of the territory proposed to be incorporated is not less than one person per four acres; (3) contain not less than one hundred fifty persons; and (4) contain a sufficient assessed value of real property and a sufficient number of businesses so that the proposed municipality will contain a sufficient tax base to enable it to provide a clerk-treasurer, a police officer and office space for the municipal government within one year of incorporation. B. In the alternative to the requirements of Paragraph (2) of Subsection A of this section, a territory proposed to be incorporated as a municipality shall: (1) contain within its boundaries a resort area having more than fifty thousand visitors a year; and (2) have more than one hundred fifty single-family residences, as shown by the property tax rolls. History: 1953 Comp., § 14-2-2, enacted by Laws 1965, ch. 300; 1991, ch. 56, § 1; 1995, ch. 108, § 1; 1999, ch. 136, § 1; 2013, ch. 120, § 2. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, made grammatical changes in the introductory sentences in in Subsections A and B. The 1999 amendment, effective June 18, 1999, added Subsection A(4). The 1995 amendment, effective June 16, 1995, designated the introductory provisions as Subsection A, redesignated former Subsections A through C as Paragraphs (1) through (3) of Subsection A, added Subsection B, and made a minor stylistic change in Paragraph (2) of Subsection A. The 1991 amendment, effective June 14, 1991, in Subsection B, added the language beginning with "except for a class B county". Applicability. — This section merely sets out the characteristics required of any territory proposed to be incorporated; it does not address the incorporation proceedings themselves. Citizens for Incorporation, Inc. v. Board of County Comm'rs, 1993-NMCA-069, 115 N.M. 710, 858 P.2d 86, cert. denied, 115 N.M. 602, 856 P.2d 250. Law reviews. — For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970). Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 39 to 43.
NM Stat § 3-2-4 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 2 - Incorporation of Municipality|Section 3-2-4 - Special provisions for incorporation of municipalities under certain circumstances.

Notwithstanding any provisions of Sections 3-2-3, 3-2-5 and 3-57-9 NMSA 1978 to the contrary, the residents of a contiguous, undivided territory within a class A county may incorporate that territory into a new municipality with boundaries closer than five miles to or coterminous with the boundary of an existing municipality by following all other provisions of the law governing incorporation, if the territory proposed to be incorporated has a population, as shown by the last decennial census, of fifteen thousand or more. History: 1953 Comp., § 14-2-3.1, enacted by Laws 1976, ch. 53, § 1. ANNOTATIONSSection does not relieve census requirement. — This section is an exception and allows residents of an area within five miles of or coterminous with an existing municipality in a class A county to incorporate without complying with 3-2-3B NMSA 1978 if the area proposed for incorporation has a population of 15,000 or more and the provision for the federal census is included merely so that the incorporators can determine if they must comply with 3-2-3(B) NMSA 1978. Additionally, this section states that it is an exception only to "contrary" provisions and further explicitly states that residents of such an area must comply with "all other provisions of the law governing incorporation." That would include payment for a new census as required by 3-2-1B(2) NMSA 1978 and 3-2-5B(2) NMSA 1978. The requirement that a new census be conducted before an incorporation election is not "contrary" to this section. Citizens for Incorporation, Inc. v. Board of County Comm'rs, 1993-NMCA-069, 115 N.M. 710, 858 P.2d 86, cert. denied, 115 N.M. 602, 856 P.2d 250.
NM Stat § 3-2-6 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 2 - Incorporation of Municipality|Section 3-2-6 - Incorporation; notice of the election; registered voters to vote; appointment of election officials; conduct of election; question to be submitted; location of voting places.

A. The notice of election shall contain: (1) a description of the territory proposed to be incorporated as a municipality; (2) a statement that a plat or map of the territory, the municipal services and revenue plan and the findings of the municipal incorporation review team are on file in the office of the county clerk; (3) the date and time the election will be held on incorporation; and (4) a list of the polling places within the territory proposed to be incorporated wherein registered voters may vote. B. The notice of election shall be published in a newspaper of general circulation within the territory proposed to be incorporated once each week for three successive weeks. The last publication shall not be more than fourteen nor less than seven days before the day of the election. If there is no newspaper of general circulation within the territory proposed to be incorporated, notice of the election shall be posted in eight public places within the territory proposed to be incorporated. The posting shall be made at least three weeks before the day of the election. C. The board of county commissioners shall appoint the judges and clerks of the election in the manner judges and clerks of election are appointed for general elections. The election shall be conducted in the manner provided for the conduct of general elections. D. The question on the ballot shall read substantially as follows: "Shall the territory described as (herein insert a description of the territory proposed to be incorporated) and to be known as (herein insert the name of the proposed municipality) become an incorporated municipality? For incorporation ----------------------------[ ] Against incorporation ----------------------[ ]". E. Any registered voter who is a resident of the territory proposed to be incorporated may vote on the question of incorporating the territory as a municipality. F. The board of county commissioners shall canvass the votes and declare the results of the election in the manner provided for the canvassing and declaring of votes in a general election. History: 1953 Comp., § 14-2-5, enacted by Laws 1965, ch. 300; 2013, ch. 120, § 4. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, required that the election notice include the municipal services and revenue plan and the findings of the municipal incorporation review team; and in Paragraph (2) of Subsection A, after "map of the territory", deleted "is" and added "the municipal services and revenue plan and the findings of the municipal incorporation review team are". Am. Jur. 2d, A.L.R. and C.J.S. references. — 62 C.J.S. Municipal Corporations § 25 et seq.
NM Stat § 3-2-7 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 2 - Incorporation of Municipality|Section 3-2-7 - Incorporation; notice of the election results; publication or posting; filing of results; limitation on resubmission.

A. The board of county commissioners shall file a copy of the election results in the office of the county clerk. B. If a majority of the votes cast favor the incorporation of the territory as a municipality, the county clerk shall publish a notice containing the results of the election in a newspaper of general circulation within the territory proposed to be incorporated. If there is no newspaper of general circulation within the territory proposed to be incorporated, notice of the results of the election shall be posted in five public places within the territory proposed to be incorporated. C. If a majority of the votes cast favor the incorporation of the territory as a municipality, the county clerk shall file in the office of the county clerk and in the office of the secretary of state certified copies of the: (1) map or plat of the territory being incorporated; (2) papers and records relating to the determinations made by the board of county commissioners; and (3) notice of the election results, together with the: (a) publisher's affidavit of publication; or (b) county clerk's affidavit of posting. D. If a majority of the votes cast favor the incorporation of the territory as a municipality, the county clerk shall transmit within fifteen days to the secretary of finance and administration and the secretary of taxation and revenue certified copies of the map or plat of the territory being incorporated. E. In the event the question of incorporation of the territory fails, it shall not be resubmitted to the electors of the territory or any portion thereof for a period of two years after the date of the election at which the question failed. History: 1953 Comp., § 14-2-6, enacted by Laws 1965, ch. 300; 1979, ch. 318, § 1; 1981, ch. 204, § 3.
NM Stat § 3-2-9 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 2 - Incorporation of Municipality|Section 3-2-9 - Incorporation complete; judicial notice; defects in incorporation; appeal.

A. After certified copies of the papers relating to the incorporation of a municipality have been filed in the offices of the county clerk and the secretary of state and after the municipal officers have been elected and qualified, the incorporation of the municipality shall be complete and effective on the following January 1 if the election was held in July or on the following July 1 if the election was held in January, and notice of the incorporation shall be taken in all judicial proceedings. B. An action by a protestant against the incorporation of a municipality shall be taken to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: 1953 Comp., § 14-2-8, enacted by Laws 1965, ch. 300; 1981, ch. 205, § 2; 1998, ch. 55, § 4; 1999, ch. 265, § 4. ANNOTATIONSCross references. — For franchises granted by county commissioners for use of streets by public utility before incorporation being valid after incorporation, see 3-42-2 NMSA 1978. 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 B. The 1998 amendment, effective September 1, 1998, substituted "appeal" for "contest" in the section heading, and in Subsection B, substituted "pursuant to the provisions of Section 12-8A-1 NMSA 1978" for "within sixty days after the filing of the certified copies of the papers relating to the incorporation of a municipality in the offices of the county clerk and secretary of state." in the second sentence and deleted the former third sentence. Validity of acts of de facto city council. — Because for 10 years the only governing body a city had was a council of four members, one from each ward, and the acts of such governing body were acquiesced in by the inhabitants of the city, contracts were made and enforced, relations had with county and state governments, bonds issued in good faith and its contracts relied on by private citizens, its acts were considered valid. Ackerman v. Baird, 1938-NMSC-013, 42 N.M. 233, 76 P.2d 947. Am. Jur. 2d, A.L.R. and C.J.S. references. — Effect on rule as to de jure office as condition of a de facto officer of doctrine as to collateral attack on existence of municipal corporation, 99 A.L.R. 314.
NM Stat § 3-3-1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 3 - Incorporation of Municipality Under Special Act|Section 3-3-1 - Municipalities incorporated under special act; laws applicable.

Any municipality, incorporated by special act previous to April 1, 1884, which chooses to retain such organization and charter, shall, in the enforcement of the powers or the exercise of the duties conferred by the special act or charter, proceed in all respects as provided by the special act or charter. History: 1953 Comp., § 14-3-1, enacted by Laws 1965, ch. 300. ANNOTATIONSLaws applicable. — Cities and towns incorporated prior to act and choosing to retain their original organization would operate pursuant to the special charter or general law under which they incorporated. Territory ex rel. Parker v. Mayor of Socorro, 1904-NMSC-012, 12 N.M. 177, 76 P. 283. Am. Jur. 2d, A.L.R. and C.J.S. references. — 62 C.J.S. Municipal Corporations § 18.
NM Stat § 3-3-3 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 3 - Incorporation of Municipality Under Special Act|Section 3-3-3 - Municipalities incorporated under special act; special election; ballot.

At the special election on the question of reorganizing a municipality incorporated under a special act under general law, the ballot shall read substantially as follows: "For municipal organization under general law ....................... [ ] Against municipal organization under general law ................... [ ]." History: 1953 Comp., § 14-3-3, enacted by Laws 1965, ch. 300.
NM Stat § 3-3-4 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 3 - Incorporation of Municipality Under Special Act|Section 3-3-4 - Municipalities incorporated under special act; reorganization approved; election for new officers; term of office.

A. If a majority of the votes cast on the question of reorganizing a municipality incorporated by a special act favors reorganizing the municipality under general law, the governing body shall adopt an election resolution calling for an election of officers, which shall be held at the first regular local or general election following approval of reorganization. The election shall be called, conducted and canvassed in the manner provided in the Local Election Act [Chapter 1, Article 22 NMSA 1978]. B. The terms of office for the mayor, municipal judge and one-half of the members of the governing body shall be until the next regular local election. The terms of office for the remaining one-half of the governing body shall be until the second regular local election is held. The elected municipal officers shall continue in office until their successors are elected and qualified. The length of terms of the first members shall be determined by lot. History: 1953 Comp., § 14-3-4, enacted by Laws 1965, ch. 300; 1985, ch. 208, § 5; 2018, ch. 79, § 47. ANNOTATIONSThe 2018 amendment, effective July 1, 2018, changed when the governing body must hold an election for the purpose of electing officers after a majority of votes cast in a special election favors reorganizing a municipality, and made minor technical changes; in Subsection A, after "governing body shall", deleted "within fourteen days after the results of the election reorganizing the municipality under general law have been canvassed and certified", after "for an election of officers", added "which shall be held at the first regular local or general election following approval of reorganization", and after "in the manner provided in the", deleted "Municipal Election Code for the election of officers at a regular municipal election, except that the provisions of Section 3-8-25 NMSA 1978 shall not apply and the election shall be held not later than one hundred and twelve days from the adoption of the election resolution" and added "Local Election Act"; and in Subsection B, after each occurrence of "regular", deleted "municipal" and added "local". Temporary provisions. — Laws 2018, ch. 79, § 174 provided that references in law to the Municipal Election Code and to the School Election Law shall be deemed to be references to the Local Election Act.
NM Stat § 3-4-1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 4 - Disincorporation of Municipality|Section 3-4-1 - Disincorporation; petition; notice of election.

A. If one-fourth of the registered voters of a municipality petition the board of county commissioners of the county in which the municipality is situated to disincorporate the municipality, the board of county commissioners shall, within fourteen days after the petition has been certified as valid, adopt an election resolution calling for a special election to be held within the municipality on the question of disincorporating the municipality. At the top of each page of a disincorporation petition, the following heading shall be printed in substantially the following form: "PETITION TO DISINCORPORATE THE MUNICIPALITY OF. . . . . . We, the undersigned registered voters of the municipality of ......, pursuant to Section 3-4-1 NMSA 1978, petition the board of county commissioners of ...... county to conduct a special election on the question of disincorporating the municipality of ...... | Date    Name--Printed As Registered    Address As Registered    Usual Signature."   The day for holding the election shall not be less than fifty days or more than sixty days after the board of county commissioners adopts the election resolution. B. Notice of the election shall be published as required in the Local Election Act [Chapter 1, Article 22 NMSA 1978]. History: 1953 Comp., § 14-4-1, enacted by Laws 1965, ch. 300; 1983, ch. 154, § 1; 1985, ch. 208, § 6; 2018, ch. 79, § 48. ANNOTATIONSCross references. — For examination of signatures, purging and judicial review of petitions, see 3-1-5 NMSA 1978. The 2018 amendment, effective July 1, 2018, provided that notice of a special election on the question of disincorporating a municipality shall be published as required in the Local Election Act, and made technical and conforming changes; and in Subsection B, after "published as required", deleted "for special elections as set forth in the Municipal election Code" and added "in the Local Election Act". Temporary provisions. — Laws 2018, ch. 79, § 174 provided that references in law to the Municipal Election Code and to the School Election Law shall be deemed to be references to the Local Election Act. Costs of disincorporation. — There was no indication that the legislature intended to tax the costs of disincorporation of a village upon those who proposed or happened to sign the petition. 1964 Op. Att'y Gen. No. 64-80. Law reviews. — For comment, "Deannexation: A proposed statute," see 20 N.M.L. Rev. 713 (1990). Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 89 to 91. Rights and remedies of creditor of municipal corporation which is dissolved or combined with another municipal body, 47 A.L.R. 128. 62 C.J.S. Municipal Corporations § 99 et seq.
NM Stat § 3-4-2 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 4 - Disincorporation of Municipality|Section 3-4-2 - Disincorporation; ballots.

The form of the ballot shall be: "For the disincorporation of .............. (insert name of municipality) [ ]and Against the disincorporation of .............. (insert name of municipality) [ ]." History: 1953 Comp., § 14-4-2, enacted by Laws 1965, ch. 300.
NM Stat § 3-4-3 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 4 - Disincorporation of Municipality|Section 3-4-3 - Disincorporation; conduct of election.

The election for disincorporation shall be conducted pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. History: 1953 Comp., § 14-4-3, enacted by Laws 1965, ch. 300; 1985, ch. 208, § 7; 2018, ch. 79, § 49. ANNOTATIONSThe 2018 amendment, effective July 1, 2018, provided that a special election on the question of disincorporating a municipality shall be conducted pursuant to the provisions of the Local Election Act, and made technical and conforming changes; and after "the election", added "for disincorporation", after "shall be conducted", deleted "in the same manner as a special municipal election except that the election officials shall be appointed by the board of county commissioners, and the county clerk shall perform the duties of the municipal clerk and the board of county commissioners shall perform the duties of the governing body. The election returns shall be made to the board of county commissioners and canvassed in the same manner as are special election returns" and added "pursuant to the provisions of the Local Election Act".
NM Stat § 3-4-4 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 4 - Disincorporation of Municipality|Section 3-4-4 - Disincorporation; vote required; effect on debts and contracts.

If a majority of the votes cast are in favor of disincorporation, the municipality shall be disincorporated after provision has been made for payment of its current indebtedness, contracts and obligations, and for levying the requisite tax to do so. The current indebtedness, contracts and obligations do not include funded or bonded indebtedness nor any contract whose termination date is more than one year beyond the date the election was held. History: 1953 Comp., § 14-4-4, enacted by Laws 1965, ch. 300.
NM Stat § 3-4-5 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 4 - Disincorporation of Municipality|Section 3-4-5 - Disposition of records after disincorporation; pending business.

All public records and the corporate seal of the disincorporated municipality shall be deposited with the county clerk. History: 1953 Comp., § 14-4-5, enacted by Laws 1965, ch. 300. ANNOTATIONSCompiler's notes. — The words "pending business," contained in the section heading as enacted, do not appear to reflect any content of this section.
NM Stat § 3-4-6 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 4 - Disincorporation of Municipality|Section 3-4-6 - Notice of disincorporation; publication.

Whenever a municipality is disincorporated, the county clerk shall publish a notice once a week for four consecutive weeks that the municipality is disincorporated. A certified copy of the notice shall be sent to the secretary of state, the secretary of finance and administration and the secretary of taxation and revenue. History: 1953 Comp., § 14-4-6, enacted by Laws 1965, ch. 300; 1981, ch. 204, § 5.
NM Stat § 3-4-7 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 4 - Disincorporation of Municipality|Section 3-4-7 - Disincorporation; care of property; manager; disposition of funds.

If a municipality is disincorporated, the board of county commissioners shall assume control of all property belonging to the disincorporated municipality and shall employ a qualified person to manage and operate the property and to collect all charges due from the operation of such property. He shall execute a bond to the county in an amount determined by the board of county commissioners, conditioned that he will faithfully perform his duties and will promptly pay all money he receives to the county treasurer monthly on the first day of each month. The bond shall be executed by him and a surety company authorized to do business in the state. The premium on the bond shall be paid by the board of county commissioners from municipal funds if any; if none, from county funds. History: 1953 Comp., § 14-4-7, enacted by Laws 1965, ch. 300.