2023 New Mexico Statutes › Chapter 47 - Property Law › Article 5 - Subdivisions Generally › Section 47-5-3 - [Approval of plat by county commission prior to sale.]

It shall be unlawful to sell, offer to sell, lease or offer to lease to the public subdivided land as defined hereinabove until a plat of such subdivided land being sold has been approved by the county commission wherein such land is situate; and
Until legal access from an existing public way and to each lot offered for sale or lease has been dedicated and accepted by the appropriate county commission.
History:
1953 Comp., § 70-3-3, enacted by Laws 1963, ch. 217, § 3.
ANNOTATIONS
Implied duty to approve plat meeting statutory requirements.
— While statutory provisions did not expressly impose a duty to approve a plat for a rural subdivision when the requirements of Section 3-20-6 NMSA 1978 were met, the duty existed by necessary implication, since no other requirements were laid down as a prerequisite for approval, and recording and sale were prohibited absent such approval.
El Dorado at Santa Fe, Inc. v. Bd. of Cnty. Comm'rs
, 1976-NMSC-029, 89 N.M. 313, 551 P.2d 1360.
Mandamus proper remedy when duty not done.
— Before the passage of the New Mexico Subdivision Act (Sections 47-5-9, 47-6-1 to 47-6-25, 47-6-26, 47-6-27, 47-6-28 NMSA 1978) the board of county commissioners had nothing to do but the ministerial act of endorsing its approval on plats which complied with all statutory requirements for rural subdivisions, and mandamus was a proper remedy when it refused to do so.
El Dorado at Santa Fe, Inc. v. Bd. of Cnty. Comm'rs
, 1976-NMSC-029, 89 N.M. 313, 551 P.2d 1360.
Subdivision with sold mobile homes upon leased parcels.
— Where a large parcel of land has been subdivided into smaller parcels, and mobile homes are placed on each parcel to be sold outright, but the land is leased on a periodic year-to-year basis, then it is unlawful for this subdivision to lease the parcels if there are 25 or more parcels without having a plat approved by the county commission. 1970 Op. Att'y Gen. No. 70-84, overruled by 1976 Op. Att'y Gen. No. 76-09.
Meaning of "legal access".
— The condition of "legal access" found in this section requires that the owner or prospective owner of each lot should have the unrestricted opportunity to go and return, by automobile, from his lot to an existing public way. 1964 Op. Att'y Gen. No. 64-05.
Access shown on plat and dedicated when plat approved.
— This section contemplates that the road furnishing legal access be shown on the plat of the subdivision and become a dedicated road when the plat is approved by the county commission. 1964 Op. Att'y Gen. No. 64-05.
No waiver of dedication requirement.
— The requirement found in this section that the road providing access to the subdivided land be dedicated prior to sale of any lot may not be waived by the county commission. 1964 Op. Att'y Gen. No. 64-05.
Law reviews.
— For note, "Need for a Federal Policy in Indian Economic Development," see 2 N.M.L. Rev. 71 (1972).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 83 Am. Jur. 2d Zoning and Planning §§ 529 to 534, 541 to 576.
Constitutionality, construction and application of statutes regulating the subdivision or development of land for sale in lots or parcels, 122 A.L.R. 501.
Subdivision maps or plats, validity and construction of regulations as to, 11 A.L.R.2d 524.
Failure of vendor to comply with statute or ordinance requiring approval or recording of plat prior to conveyance of property as rendering sale void or voidable, 77 A.L.R.3d 1058.
62 C.J.S. Municipal Corporations § 83.