reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
Repeals 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.
2023 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.
ANNOTATIONS
Repeals and reenactments.
— Laws 1973, ch. 395, § 5, repealed 14-41-2, 1953 Comp., relating to cemetery boards, and enacted a new section.
2023 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.
2023 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.
ANNOTATIONS
Repeals 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.
2023 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.
2023 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.
ANNOTATIONS
The 2001 amendment,
effective April 5, 2001, added current Subsection B and redesignated former Subsection B as C.
2023 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.
ANNOTATIONS
Repeals 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.
2023 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.
ANNOTATIONS
Repeals 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
2023 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.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 43 - Health; Control of Disease (Repealed.) › Section 3-43-1 - Repealed.

History:
1953 Comp., § 14-44-1, enacted by Laws 1965, ch. 300; repealed by Laws 2017, ch. 87, § 31.
ANNOTATIONS
Repeals.
— Laws 2017, ch. 87, § 31 repealed 3-43-1 NMSA 1978, as enacted by Laws 1965, ch. 300, relating to board of health, control of disease, effective June 16, 2017. For provisions of former section,
see
the 2016 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 43 - Health; Control of Disease (Repealed.) › Section 3-43-2 - Repealed.

History:
1953 Comp., § 14-44-2, enacted by Laws 1965, ch. 300; repealed by Laws 2017, ch. 87, § 31.
ANNOTATIONS
Repeals.
— Laws 2017, ch. 87, § 31 repealed 3-43-2 NMSA 1978, as enacted by Laws 1965, ch. 300, relating to municipal health department, duties of director, jurisdiction of district health officer, effective June 16, 2017. For provisions of former section,
see
the 2016 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 44 - Hospitals › Section 3-44-2 - Hospitals; joint operation with county; indebtedness authorized.

A. Any municipality may enter into an agreement with the county for the construction, maintenance and operation of a county-municipal hospital.
B. A municipality or county is authorized to issue, separately, general obligation bonds or revenue bonds for the purpose of constructing, maintaining and operating a joint county-municipal hospital. The bonds shall be issued in the manner provided by law for the issuance of bonds for the construction of public buildings or revenue bonds for the construction of a municipal utility.
History:
1953 Comp., § 14-45-2, enacted by Laws 1965, ch. 300; 1983, ch. 265, § 14.
ANNOTATIONS
Cross references.
— For the Tort Claims Act,
see
41-4-1 NMSA 1978 et seq.
Pleading.
— Where a hospital seeks a stay of execution on a judgment, without bond, because an appeal has been taken, and the motion relies upon an affidavit by the hospital administrator which states that the movant is a "county-municipal hospital," the affidavit is deficient where it fails to state either that a city-county organization operated the hospital or that it was not leased to some other entity.
Robinson v. Memorial Gen. Hosp
., 1982-NMCA-167, 99 N.M. 60, 653 P.2d 891.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 44 - Hospitals › Section 3-44-3 - Joint county-municipal hospitals.

If a county-municipal hospital is authorized, the board of county commissioners and the governing body of the municipality may jointly:
A. lease the hospital upon such terms and conditions as they may determine to a person, firm, corporation, association or the county or municipality for the operation and maintenance of the hospital, provided that the lease may be terminated by the board of county commissioners and the governing body of the municipality without cause upon one hundred eighty days' notice after the first three years of the lease;
B. enter into an agreement with the state human services department [health care authority department] for the care of sick or indigent persons;
C. accept gifts, endowments or grants-in-aid for the purpose of constructing, equipping and maintaining the hospital or endowing rooms or wards for sick, needy or indigent persons; or
D. perform any act or adopt any regulation necessary or expedient to carry out the purposes of Sections 3-44-2 through 3-44-4 NMSA 1978.
History:
1953 Comp., § 14-45-3, enacted by Laws 1965, ch. 300; 2001, ch. 291, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
The 2001 amendment,
effective June 15, 2001, added the proviso in Subsection A, substituted "human services" for "welfare" in Subsection B, and substituted "3-44-2 through 3-44-4 NMSA 1978" for "14-45-2 through 14-45-4 New Mexico Statutes Annotated, 1953 Compilation" in Subsection D.
Pleading.
— Where a hospital seeks a stay of execution on a judgment, without bond, because an appeal has been taken, and the motion relies upon an affidavit by the hospital administrator which states that the movant is a "county-municipal hospital," the affidavit is deficient where it fails to state either that a city-county organization operated the hospital or that it was not leased to some other entity.
Robinson v. Memorial Gen. Hosp
., 1982-NMCA-167, 99 N.M. 60, 653 P.2d 891.
Purchases made by hospital.
— A county-municipal hospital is a local public body. Therefore, purchases made by such a hospital must be made in compliance with the provisions of the Public Purchases Act. 1969 Op. Att'y Gen. No. 69-78.
Funds held by county-municipal hospital are public moneys.
1969 Op. Att'y Gen. No. 69-78.
Boards of trustees are not empowered to accept gifts,
endowments or grants-in-aid, but such must be given to the boards of county commissioners or the governing body of the municipality. 1956 Op. Att'y Gen. No. 56-6437.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 44 - Hospitals › Section 3-44-4 - County-municipal hospital; board of trustees; powers.

A. A county-municipal hospital shall be governed by a board of trustees consisting of five members who shall be appointed for two-year terms. Three of the trustees shall be appointed by the board of county commissioners and two of the trustees shall be appointed by the governing body of the municipality.
B. Upon approval by both the board of county commissioners and the governing body of the municipality, the board of trustees shall consist of seven members, appointed for terms of two years. Seven-member boards shall consist of four trustees appointed by the board of county commissioners and three trustees appointed by the governing body of the municipality.
C. The board of trustees has complete control of the management of the hospital. Once each year the board of trustees shall submit to the board of county commissioners and the governing body of the municipality:
(1) a report of its management of the hospital; and
(2) a financial statement showing all money received and expended and the purposes for which the money was expended.
History:
1953 Comp., § 14-45-4, enacted by Laws 1965, ch. 300; 1975, ch. 74, § 1.
ANNOTATIONS
Discharge for policy violation proper.
Hospital was properly authorized to discharge nurse for refusing to follow "floating" policy which was promulgated by the nursing administration, pursuant to authority delegated by the administrator, who in turn was acting within the scope of his charge from the board.
Francis v. Memorial Gen. Hosp
., 1986-NMSC-072, 104 N.M. 698, 726 P.2d 852.
Members of county-municipal hospital board are public officers.
1969 Op. Att'y Gen. No. 69-78.
Bonding of personnel.
— The board has not only the authority but the duty to see that those personnel responsible for receiving and spending funds of a hospital are bonded in accordance with good administrative practice. 1969 Op. Att'y Gen. No. 69-78.
Rendering accounts.
— The respective boards of trustees are required to render accounts to the respective governing boards of the county and the municipality. 1956 Op. Att'y Gen. No. 56-6437.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 44 - Hospitals › Section 3-44-5 - Hospitals; special charter towns; authority.

A. Any town incorporated, organized and operating under a special act of the legislature may, by resolution or ordinance:
(1) own, maintain and operate hospitals, sanitariums and other institutions for the care of sick or indigent persons;
(2) issue negotiable bonds for the construction of a hospital, sanitarium or other institution; or
(3) upon such conditions and terms as the governing body of the town may determine:
(a) delegate the operation and maintenance of the hospital, sanitarium or other institution to any person, corporation or association as it selects; or
(b) lease the hospital, sanitarium or other hospital to any person, corporation or association for the care of sick or indigent persons, provided that the lease may be terminated by the governing body of the town without cause upon one hundred eighty days' notice after the first three years of the lease.
B. The provisions of Sections 3-54-1 through 3-54-3 NMSA 1978 relating to the leasing of municipal property are not applicable to this section.
History:
1953 Comp., § 14-45-5, enacted by Laws 1965, ch. 300; 1973, ch. 258, § 136; 2001, ch. 291, § 3.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, added the proviso in Subparagraph A(3)(b), and substituted "3-54-1 through 3-54-3 NMSA 1978" for "14-55-1 through 14-55-3 NMSA 1953" in Subsection B.
Pleading.
— Where a hospital seeks a stay of execution on a judgment, without bond, because an appeal has been taken, and the motion relies upon an affidavit by the hospital administrator which states that the movant is a "county-municipal hospital," the affidavit is deficient where it fails to state either that a city-county organization operated the hospital or that it was not leased to some other entity.
Robinson v. Memorial Gen. Hosp
., 1982-NMCA-167, 99 N.M. 60, 653 P.2d 891.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 44 - Hospitals › Section 3-44-6 - Hospitals; expenditure of public funds.

The use of public funds for the operation and maintenance of a hospital pursuant to a lease authorized by Chapter 3, Article 44 NMSA 1978 is deemed to be funding to the hospital as a public institution, and the hospital facility and lessee thereof are subject to the laws of this state regarding the expenditure of public money.
History:
Laws 2001, ch. 291, § 4.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 291 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 45 - Municipal Housing › Section 3-45-1 - Municipal Housing Law; short title.

Chapter 3, Article 45 NMSA 1978 may be cited as the "Municipal Housing Law".
History:
1953 Comp., § 14-46-1, enacted by Laws 1965, ch. 300; 2009, ch. 226, § 1.
ANNOTATIONS
Cross references.
— For adoption of housing code by reference in ordinance,
see
3-17-6 NMSA 1978.
For the Urban Development Law,
see
3-46-1 NMSA 1978 et seq.
For the Community Development Law,
see
3-60-1 NMSA 1978 et seq.
For the Mortgage Finance Authority Act,
see
58-18-1 NMSA 1978 et seq.
The 2009 amendment,
effective April 7, 2009, changed the reference of the act to the chapter and article of NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 40 Am. Jur. 2d Housing Laws and Urban Redevelopment §§ 1 to 14.
Constitutionality, construction, and application of statutes or governmental projects for improvement of housing conditions, 130 A.L.R. 1069, 172 A.L.R. 966.
Private enterprise, validity, construction, and effect of statutes providing for urban redevelopment by, 44 A.L.R.2d 1414.
Suability, and liability, for torts, of public housing authority, 61 A.L.R.2d 1246.
Repair or destruction of residential building by public authorities at owner's expense, validity and construction of statute or ordinance providing for, 43 A.L.R.3d 916.
What constitutes "blighted area" within urban renewal and redevelopment statutes, 45 A.L.R.3d 1096.
Validity and construction of zoning ordinance requiring developer to devote specified part of development to low or moderate income housing, 62 A.L.R.3d 880.
Substantive issues relative to rent levels and termination of benefits under United States Housing Act of 1937 (42 USCS § 1437 et seq.), 77 A.L.R. Fed. 884.
62 C.J.S. Municipal Corporations § 699.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 45 - Municipal Housing › Section 3-45-2 - Finding and declaration of necessity.

It is hereby declared that:
A. unsanitary or unsafe dwelling accommodations exist in the state;
B. persons of low and moderate income are forced to reside in such unsanitary or unsafe accommodations;
C. within the state, there is a shortage of safe or sanitary dwelling accommodations available at rents that persons of low and moderate income can afford and that such persons are forced to occupy overcrowded, congested dwelling accommodations and that the aforesaid conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety and welfare of the residents of the state and impair economic values;
D. these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection and other public services and facilities;
E. these areas in the state cannot be cleared nor can the shortage of safe and sanitary dwellings for persons of low and moderate income be relieved through the operation of private enterprise and that the construction of housing projects for persons of low and moderate income, as defined in the Municipal Housing Law, would therefore not be competitive with private enterprise;
F. the clearance, replanning and reconstruction of the areas in which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low and moderate income are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state and municipal concern; and
G. it is in the public interest that work on projects for such purposes be commenced as soon as possible in order to relieve a shortage of affordable housing, which now constitutes an emergency; and the necessity in the public interest for the provisions enacted by the Municipal Housing Law is hereby declared as a matter of legislative determination.
History:
1953 Comp., § 14-46-2, enacted by Laws 1965, ch. 300; 2009, ch. 226, § 2.
ANNOTATIONS
The 2009 amendment,
effective April 7, 2009, in Subsections A, B and F, changed "insanitary" to "unsanitary"; in Subsections B, C, E and F, after "persons of low", added "and moderate"; in Subsection C, after "health, safety", deleted "morals"; and in Subsection G, after "in order to relieve", deleted "unemployment" and added "a shortage of affordable housing".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 63 C.J.S. Municipal Corporations § 1061.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 45 - Municipal Housing › Section 3-45-6 - Prohibited actions.

Neither a housing authority nor any of its contractors or their subcontractors may enter into any contract, subcontract or agreement in connection with a housing project under any contract in which any of the following persons has an interest, direct or indirect, during the person's tenure or for one year thereafter:
A. any present or former member of the commission of the housing authority or any member of the member's immediate family. The prohibition established by this subsection does not apply to any member who has not served on the governing body of a resident management corporation and who otherwise has not occupied a policymaking position with the resident management corporation or the housing authority;
B. any employee of the housing authority who formulates policy or who influences decisions with respect to a housing project, any member of the employee's immediate family or any partner of the employee; or
C. any public official, member of a governing body or state legislator, or any member of that person's immediate family, who exercises functions or responsibilities with respect to the housing project or the housing authority.
History:
1953 Comp., § 14-46-6, enacted by Laws 1965, ch. 300; 2009, ch. 226, § 6.
ANNOTATIONS
The 2009 amendment,
effective April 7, 2009, deleted the entire section which prohibited officers and employees from acquiring any interest in any housing project and added new language.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 45 - Municipal Housing › Section 3-45-7 - Removal of commissioners.

A commissioner of an authority may be removed by the mayor, but only for inefficiency, neglect of duty or misconduct in office and only after the commissioner has been given a copy of the charges at least ten days prior to the hearing on the charges and has had an opportunity to be heard in person or by counsel. In the event of the removal of any commissioner by the mayor, a record of the proceedings, together with the charges and findings, shall be filed in the office of the clerk. Commissioners may be removed for cause based on noncompliance with housing program regulations.
History:
1953 Comp., § 14-46-7, enacted by Laws 1965, ch. 300; 2009, ch. 226, § 7.
ANNOTATIONS
The 2009 amendment,
effective April 7, 2009, added the last sentence.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 45 - Municipal Housing › Section 3-45-8 - Eminent domain.

In addition to the other purposes for which a city may appropriate property, a city shall have the right to acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes under the Municipal Housing Law after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. A city may exercise the power of eminent domain hereunder in the manner provided by the laws of the state of New Mexico, and acts amendatory thereof or supplementary thereto; or it may exercise the power of eminent domain hereunder in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain. Title to property so acquired shall be taken in the name of the city.
History:
1953 Comp., § 14-46-8, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Cross references.
— For condemnation proceedings,
see
42A-1-1 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 40 Am. Jur. 2d Housing Laws and Urban Redevelopment § 22.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 45 - Municipal Housing › Section 3-45-9 - Operation not for profit.

It is declared to be the policy of this state that each city shall manage and operate its housing projects and affordable housing programs in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with its providing decent, safe and sanitary dwelling accommodations and that no city shall construct or operate any housing project for profit. To this end, a city shall set the rental rates for dwellings in the housing projects it manages and operates at no higher rates than it finds to be necessary in order to produce revenues that, together with any grants or subsidies from the federal government or other sources for housing projects, will be sufficient:
A. to pay, as they become due, the principal and interest on the bonds or other obligations of the city issued under the Municipal Housing Law;
B. to meet the cost of and to provide for maintaining and operating the housing projects and affordable housing programs, including the cost of any insurance, the administrative expenses of the city incurred in connection with the housing projects and affordable housing programs and the funding of any operational reserves as the authority deems appropriate;
C. to fund such reserves to secure the payment of its bonds as the authority deems appropriate or convenient; and
D. to allow private, profit-making entities to enter into agreements with the authority, and such agreements shall not be deemed to affect the nonprofit status of the authority or conflict with the intent of the creation of the authority.
History:
1953 Comp., § 14-46-9, enacted by Laws 1965, ch. 300; 1989, ch. 50, § 3; 2009, ch. 226, § 8.
ANNOTATIONS
The 2009 amendment,
effective April 7, 2009, after "housing projects", added "and affordable housing programs".
The 1989 amendment,
effective June 16, 1989, in the undesignated introductory paragraph deleted "or as a source of revenue" at the end of the first sentence and inserted "it manages and operates" in the second sentence; inserted "or other obligations" in Subsection A; added all of the language in Subsection B following "connection"; rewrote Subsection C, which formerly read: "to create, during not less than six years immediately succeeding its issuance of any bonds, a reserve sufficient to meet the largest principal and interest payments which will be due on such bonds in any one year thereafter and to maintain such reserve"; added subsection D; and made minor stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 45 - Municipal Housing › Section 3-45-10 - Sales, rentals and tenant selection.

A. In the operation or management of housing projects and affordable housing programs or the sale of any property pursuant to the Municipal Housing Law, a city shall at all times observe the following duties with respect to rentals, property and tenant selection:
(1) it may rent, lease or sell the dwelling accommodations in the housing project and affordable housing programs only to persons falling within federally established standards;
(2) it may rent, lease or sell to a tenant dwelling accommodations consisting of the number of rooms, but no greater number, that it deems necessary to provide safe and sanitary accommodations to the proposed occupants without overcrowding; and
(3) it shall not accept any person as a tenant in any housing program if the person has an annual net income in excess of federally established standards.
B. Nothing contained in this section or Section 3-45-9 NMSA 1978 shall be construed as limiting the power of a city to vest in an obligee the right, in the event of a default by the city, to take possession and operate housing projects or affordable housing programs or cause the appointment of a receiver thereof, free from all the restrictions imposed by this section or Section 3-45-9 NMSA 1978.
History:
1953 Comp., § 14-46-10, enacted by Laws 1965, ch. 300; 1989, ch. 50, § 4; 2009, ch. 226, § 9.
ANNOTATIONS
The 2009 amendment,
effective April 7, 2009, after "housing projects", added "and affordable housing programs"; in Paragraph (1) of Subsection A, after "persons falling within", added "federally established" and after "standards", deleted "adopted by the authority".
The 1989 amendment,
effective June 16, 1989, inserted "Sales" in the section heading; inserted "or the sale of any property pursuant to the Municipal Housing Law" in the introductory paragraph in Subsection A and inserted "property" near the end of the paragraph; in Subsection A(1), inserted "or sell" and added "falling within the standards adopted by the authority" at the end of the subsection; inserted "or sell" in Subsection A(2); rewrote Subsection A(3); substituted "3-45-9 NMSA 1978" for "14-46-9 New Mexico Statutes Annotated, 1953 Compilation" in Subsection B; and made minor stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 40 Am. Jur. 2d Housing Laws and Urban Redevelopment §§ 33, 34.
Tenant selection criteria under § 8 of Housing Act of 1937 (42 USCS § 1437f), 80 A.L.R. Fed. 470.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 45 - Municipal Housing › Section 3-45-11 - Bonds.

A. A city shall have power to issue bonds from time to time in its discretion to finance in whole or in part the cost of the preparation, acquisition, purchase, lease, construction, reconstruction, improvement, alteration, extension or repair of any project or undertaking hereunder. A city shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it hereunder. In order to carry out the purposes of the Municipal Housing Law, a city may issue, upon proper resolution, bonds on which the principal and interest are payable:
(1) exclusively from the income and revenues of the housing project or projects financed with the proceeds of such bonds; or
(2) exclusively from such income and revenues together with grants and contributions from the federal government or other sources in aid of such project or projects.
B. Neither the governing body of a city nor any person executing the bonds shall be liable personally on any bonds by reason of the issuance thereof hereunder. The bonds issued under the provisions of the Municipal Housing Law shall be payable solely from the sources provided in this section. Such bonds shall not be a general obligation of the city issuing them, and they shall so state on their face. The bonds shall not constitute a debt or indebtedness within the meaning of any constitutional, statutory or charter debt limitation or restriction.
History:
1953 Comp., § 14-46-11, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 40 Am. Jur. 2d Housing Laws and Urban Redevelopment § 32.
64 C.J.S. Municipal Corporations § 1908.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 45 - Municipal Housing › Section 3-45-14 - Construction of bond provisions.

The Municipal Housing Law without reference to other statutes of the state shall constitute full authority for the authorization and issuance of bonds hereunder. No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval or in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto.
History:
1953 Comp., § 14-46-14, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 45 - Municipal Housing › Section 3-45-15 - Certification of attorney general.

A city may submit to the attorney general of the state any bonds to be issued hereunder after all proceedings for the issuance of such bonds have been taken. Upon the submission of such proceedings to the attorney general, it shall be the duty of the attorney general to examine into and pass upon the validity of such bonds and the regularity of all proceedings in connection therewith. If such bonds and proceedings conform to the provisions of the Municipal Housing Law and are otherwise regular in form and if such bonds when delivered and paid for will constitute binding and legal obligations enforceable according to the terms thereof, the attorney general shall certify in substance upon the back of each of said bonds that it is issued in accordance with the constitution and laws of New Mexico.
History:
1953 Comp., § 14-46-15, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 45 - Municipal Housing › Section 3-45-16 - Remedies of an obligee.

An obligee of a city shall have the right in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee:
A. by mandamus, suit, action or proceeding at law or in equity, to compel said city and the officers, agents or employees thereof to perform each and every term, provision and covenant contained in any contract of said city with or for the benefit of such obligee and to require the carrying out of any or all such covenants and agreements of said city and the fulfillment of all duties imposed upon said city by the Municipal Housing Law; and
B. by suit, action or proceeding in equity, to enjoin any acts or things which may be unlawful, or in violation of any of the rights of such obligee of said city.
History:
1953 Comp., § 14-46-16, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 45 - Municipal Housing › Section 3-45-17 - Additional remedies conferrable to an obligee.

A city shall have the power by its resolution, trust indenture, lease or other contract to confer upon any obligee holding or representing a specified amount in bonds, or holding a lease, the right, in addition to all rights that may otherwise be conferred, upon the happening of an event of default as defined in such resolution or instrument, by suit, action or proceeding in any court of competent jurisdiction:
A. to cause possession of any housing project or any part hereof to be surrendered to any such obligee, which possession may be retained by such bondholder or trustee so long as the city shall continue in default;
B. to obtain the appointment of a receiver of any housing project of said city or any part thereof and of the rents and profits therefrom. If such receiver be appointed, he may enter and take possession of such housing project or any part thereof and, so long as the city shall continue in default, operate and maintain the same, and collect and receive all fees, rents, revenues or other charges thereafter arising therefrom, and shall keep such moneys in a separate account or accounts and apply the same in accordance with the obligations of said city as the court shall direct; and
C. to require said city and the officers and agents thereof to account for the money actually received as if it and they were the trustees of an express trust.
History:
1953 Comp., § 14-46-17, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 45 - Municipal Housing › Section 3-45-18 - Exemption of property from execution sale.

All real property owned or held by a city for the purposes of the Municipal Housing Law shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall be issued against the same nor shall any judgment against a city be a charge or lien on such real property; provided, however, that the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given to them on rents, fees or revenues.
History:
1953 Comp., § 14-46-18, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 45 - Municipal Housing › Section 3-45-19 - Exemption of property from taxation.

The real property of a housing project, as defined in Section 3-45-3 NMSA 1978, is declared to be public property used for essential public and governmental purposes and is property of a city of this state and is exempt from taxation until a deed conveying that property to a nonexempt entity is executed and delivered by the city.
History:
1953 Comp., § 14-46-19, enacted by Laws 1965, ch. 300; 1979, ch. 258, § 1.
ANNOTATIONS
Cross references.
— For constitutional provision on tax-exempt property,
see
N.M. Const., art. VIII, § 3.
Inclusion of exempt property on tax roll.
— Exempt property should be properly described on the tax roll, should be valued at its proper value and should be listed as exempt. 1955 Op. Att'y Gen. No. 55-6233.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 40 Am. Jur. 2d Housing Laws and Urban Redevelopment § 27.
84 C.J.S. Taxation § 254.