NM Stat § 16-2-11 (2021)
2021 New Mexico Statutes|Chapter 16 - Parks, Recreation and Fairs|Article 2 - State Parks Division|Section 16-2-11 - Acquisition of lands for park and recreational purposes; criteria.

A. The state is authorized to acquire lands or interests in lands for state park or state recreational purposes by gift, donation, devise or purchase. Acquired lands or interests in lands shall be held for the use of the state to develop, maintain and operate them as state parks or state recreational areas. In acquiring real property or any interest in real property, the power of eminent domain shall not be used. The criteria for acquisition and development shall be those specified in Subsections B through G of this section. B. Sites that may be designated as state parks or state recreational areas shall be only those: (1) having a diversity of resources, including areas of scientific, aesthetic, geologic, natural or historic value; (2) providing recreational opportunities significant enough to assure patronage from a region or preferably from the state as a whole; and (3) conforming to the state comprehensive outdoor recreation plan. C. Lands designated for acquisition or development as state parks or state recreational areas shall be those that: (1) are adjacent to existing parks or recreational areas and are necessary for successful park or recreational area protection and development; (2) help meet recreation and open space demands of metropolitan area residents by emphasizing park or recreational areas within easy access of population centers; (3) preserve the most significant examples of New Mexico natural scenic landscape; or (4) meet the pressure on primary vacation regions not adequately supplied with public recreation opportunities. D. Lands that are acquired or developed as state parks or state recreational areas shall be managed and developed according to the following objectives: (1) outdoor recreation shall be recognized as the dominant or primary resources management objective; (2) physical development shall promote the outdoor recreation objective through the use of proper design, materials and construction to enhance and promote the use and enjoyment of the recreational resources in the area; (3) within economical limits, state parks or state recreational facilities shall be landscaped and developed to achieve an environment that is aesthetically pleasing, ecologically functional and complementary to the native environment; (4) use periods for parks or recreational facilities shall be extended by providing a variety of facilities that will attract visitors during all seasons of the year; and (5) all significant historic structures contained in state parks or state recreational areas shall be, within economical limits, reconstructed, restored or stabilized to provide for continued user benefit. E. Factors to be taken into consideration when lands are considered for acquisition or development as state parks or state recreational areas are: (1) the character of the land resources, such as soil, vegetation, topography and water, that affects the suitability of the lands for development as parks or recreational areas; (2) facilities development to meet the average and slightly higher than average demands rather than the peak demands of summer and the holiday weekends; (3) development priority based upon demonstrated use and demand, balance and distribution of existing facilities and the availability of lands suitable for development; and (4) resources protection shall also be considered a priority if the resources need urgent attention, but the priority shall be determined by the relative value of the resources involved. F. The cost of lands to be proposed for acquisition or development as state parks or state recreational areas should be reasonable, with consideration given to the recreational value of the land on which the state park or state recreational area is to be located. No property shall be purchased that involves commitments, privileges or conditions to any private interest, except that property may be purchased that has restrictions limiting its use to that of a state park or state recreational area. G. All lands considered for acquisition or development as new state parks or state recreational areas shall undergo a feasibility study prior to acquisition or development. Feasibility studies shall include: (1) a determination that the proposed area meets the criteria set forth in this section; (2) an estimate of the total development cost, including land acquisition, planning and construction and recommendations for methods of financing the development costs; (3) an estimate of the annual costs for operation and maintenance; (4) an estimate of demand and a projection of visitor use for the proposed area; and (5) an analysis of the proposed area as it relates to plans or development by other governmental agencies or the private sector in adjacent areas. H. The state is authorized, upon the execution of a written agreement between the director of the state parks division of the energy, minerals and natural resources department and the department, service or agency of the United States having jurisdiction of lands of the United States, to develop, protect, maintain and operate in accordance with the agreement federally owned lands as state parks or state recreational areas, but the state may not acquire the fee title to or a permanent right in the lands pursuant to such an agreement. I. The designation of sites as suitable for state parks or recreational areas, the designation of certain lands for acquisition or development, the consideration of lands for acquisition or studying the feasibility of acquisition or development of lands shall not create a right of action on the part of any person to force action by the state parks division of the energy, minerals and natural resources department or the state. J. Any acquisition of land or any interest in land for a new state park or recreational area shall be approved by the legislature prior to the execution of a written agreement binding the state to expenditure of funds for acquisition or development of state parks or recreational areas. Lands that are adjacent or contiguous to existing state parks or recreational areas or are necessary for successful park or recreational area protection and development and will become part of the park or recreational area may be acquired without legislative approval if the state parks division consults with local government entities on the acquisition and if the state board of finance approves the acquisition and funds for the acquisition are available to the state parks division of the energy, minerals and natural resources department or the land is donated to the division. K. Only lands or interests in lands acquired or retained in accordance with the provisions of this section and operated pursuant to the authority of the state parks division of the energy, minerals and natural resources department may use the designation of "state park" or "state recreational area". History: Laws 1935, ch. 57, § 11; 1941 Comp., § 4-111; Laws 1941, ch. 100, § 1; 1953 Comp., § 4-9-11; Laws 1963, ch. 98, § 11; 1977, ch. 254, § 21; 1981, ch. 93, § 1; 1997, ch. 145, § 1; 2005, ch. 154, § 1. ANNOTATIONSCross references. — For distributions to the public project revolving fund from governmental gross receipts tax, see 7-1-6.38 NMSA 1978. For New Mexico Youth Conservation Corps Act, see 9-5B-1 to 9-5B-11 NMSA 1978. For the state parks division, see 9-5A-6.1 NMSA 1978. Compiler's notes. — Laws 2009, ch. 168, § 1 provided that the proceeds from the disposal of the surplus property in McKinley county owned by the state parks division of the energy, minerals and natural resources department are appropriated to the state parks division of the energy, minerals and natural resources department for expenditure in fiscal years 2009 through 2019 for the purpose of matching federal funds or making improvements or purchasing adjacent lands at state parks or at other parks authorized or to be authorized for acquisition by the legislature. Any unexpended or unencumbered balance remaining at the end of fiscal year 2019 shall revert to the general fund. Laws 2009, ch. 168, § 1 provided that the appropriation in Laws 2009, ch. 168, § 1 is contingent upon legislative ratification and approval, during the first session of the forty-ninth legislature, of the disposal of the surplus McKinley county property. House Joint Resolution 7 (Laws 2009), which was approved during the first session of the forty-ninth legislature and signed on March 20, 2009, authorized the state parks division of the energy, minerals and natural resources department's disposal of the surplus McKinley county property. Senate Joint Resolution No. 4 (Laws 2001) authorized the state parks division of the energy, minerals and natural resources department to purchase, from willing sellers, lands adjacent to the exterior boundaries of Coyote Creek state park, Oliver Lee memorial state park and Pancho Villa state park that have been identified in the park management plans previously adopted by the division, using funds made available to it by the federal government and other public or private sources to the extent such funds may permit. Laws 1999, ch. 59, § 1, effective June 18, 1999, provided that the commissioner of public lands may negotiate, on behalf of the state trust beneficiaries, for the acquisition of the Eagle Nest lake, dam and the surrounding land; and upon completion of successful negotiations, certify to the secretary of finance and administration that the negotiations have been successful, that the trade is in the best interests of the state trust beneficiaries, and that the appraised value of the land is equal to or lower than the appraised value of the acquired property; further provides that in negotiating the acquisition, the commissioner may agree to trade state land in the same area or vicinity for the lake, dam, and surrounding area; and further provides that if the negotiations and acquisitions pursuant to this section are successful, the commissioner of public lands shall lease the Eagle Nest lake, dam and surrounding area to the state parks division of the energy, minerals and natural resources department, on terms that are in the best interests of the state trust beneficiaries, for use as a state park and fishing area. Laws 1999, ch. 191, §§ 1 to 3 authorized the negotiation by the state game commission for the acquisition of Eagle Nest dam and reservoir and provide for the repeal of the act on February 1, 2000. The 2005 amendment, effective June 17, 2005, deleted the provision in Subsection G which provided that ongoing projects that have received an appropriation as of the effective date of this section are exempted from the requirements of this section and provided in Subsection J that lands that are adjacent to or contiguous to an existing state park or recreational area or that are necessary to protect or develop the park or recreational area may be acquired without legislative approval if the state board of finance approves the acquisition and funds for the acquisition are available. The 1997 amendment, effective July 1, 1999, made minor stylistic changes throughout the section; rewrote Subsection A; rewrote Paragraph E(4); deleted the second sentence in the introductory paragraph of Subsection G relating to a specific appropriation to fund the feasibility study; substituted "land" for "real property" in Subsection J; and added Subsection K. Status of lake for purposes of state immunity. — Evidence that park containing lake in which plaintiff's minor child was injured was leased to the Recreation Division with the sole objective of using it for recreation, that fees were charged for its use, and that it contained facilities provided for public use while visiting the park, established that park fell within the category of public parks for purposes of state tort immunity. Bell v. N.M. Interstate Stream Comm'n, 1993-NMCA-164, 117 N.M. 71, 868 P.2d 1269. State officials proper defendants in action on lease agreement. — In an action alleging that state officials, acting under this section and Sections 16-2-12 and 16-2-13 NMSA 1978 in authorizing the development of recreation areas under a lease agreement with the United States, violated federal law, the state officials, and not the state, were the proper defendants, since the state cannot "authorize" officials to violate federal law. Elephant Butte Irrigation Dist. v. Department of Interior, 160 F.3d 602 (10th Cir. 1998), cert. denied, 526 U.S. 1019, 119 S. Ct. 1255, 143 L. Ed. 2d 352 (1999). County ordinance cannot limit state's authority. — County land use ordinances attempting to restrict traditional federal and state regulatory authority are preempted by this section which allows the state to acquire lands for park and recreational purposes and, thus, county ordinances are of no consequence. 1994 Op. Att'y Gen. No. 94-01. Am. Jur. 2d, A.L.R. and C.J.S. references. — Estate conveyed by deed for park or playground purposes, nature of, 15 A.L.R.2d 975. Land developer: validity and construction of statute or ordinance requiring land developer to dedicate portion of land for recreational purposes, or make payment in lieu thereof, 43 A.L.R.3d 862.