reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-8 - Meetings.

The board of county commissioners shall meet, after notice as required by law for meetings of public bodies, at the county seat of each county at quarterly meetings in January, April, July and October in each year and at such other times within the prescribed county as in the opinion of the board the public interests may require. Meetings other than quarterly meetings may be held in the municipality with the largest population concentration in the county, and meetings concerning matters of local interest only may be held in the community affected. All meetings shall be held in a public building owned be [by] the state, county or public schools.
History:
Laws 1876, ch. 1, § 11; C.L. 1884, § 343; C.L. 1897, § 662; Code 1915, § 1194; C.S. 1929, § 33-4208; 1941 Comp., § 15-3507; 1953 Comp., § 15-37-7; Laws 1975, ch. 30, § 1; 1981, ch. 81, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For duties of county clerk as clerk of board of county commissioners,
see
4-40-3 to 4-40-6 NMSA 1978.
For examination by board of canceled orders,
see
4-45-7 NMSA 1978.
For meetings of policy-making bodies,
see
10-15-1 to 10-15-4 NMSA 1978.
Election of chairman.
— This section and 4-38-10 NMSA 1978 in essence provide that at its first meeting in the January following its election, a board of county commissioners shall elect a chairman to serve as such during his term of office. 1969 Op. Att'y Gen. No. 69-110.
Authority to call special meetings.
— The two commissioners other than the chairman most certainly possess the authority to call special meetings. So far as the chairman is concerned, his power is no greater and no less than the authority possessed by his fellow county commissioners. 1959 Op. Att'y Gen. No. 59-204.
County seat as "designated post of duty".
— The "designated post of duty" (as referred to in 10-8-4 NMSA 1978) of a county commissioner for purposes of per diem and mileage rates is established by reference to this section at the county seat. 1988 Op. Att'y Gen. No. 88-65.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 136 to 158.
20 C.J.S. Counties §§ 79 to 81.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-9 - Repealed.

History:
Laws 1897, ch. 60, § 16 [15]; C.L. 1897, § 867(15); Code 1915, § 1195; C.S. 1929, § 33-4209; 1941 Comp., § 15-3508; 1953 Comp., § 15-37-8; repealed by Laws 2013, ch. 214, § 14.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 214, § 14 repealed 4-38-9 NMSA 1978, as enacted by Laws 1897, ch. 60, § 15, relating to publishing of board of county commissioners' proceedings, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-10 - Chairman.

A. The county commission shall select a chairman in a manner and for a term provided by county ordinance.
B. In the absence of a county ordinance providing for the chairman's selection and term, the county commissioners shall, at the first meeting of each year choose one of their number chairman, who shall preside at that meeting and all other meetings if present; but in case of his absence from any meeting, the members present shall choose one of their number as temporary chairman.
History:
Laws 1876, ch. 1, § 17; C.L. 1884, § 348; C.L. 1897, § 667; Code 1915, § 1196; C.S. 1929, § 33-4210; 1941 Comp., § 15-3509; 1953 Comp., § 15-37-9; 1990, ch. 13, § 1.
ANNOTATIONS
Election of chairman generally.
— Section 4-38-8 NMSA 1978 and this section in essence provide that at its first meeting in the January following its election, a board of county commissioners shall elect a chairman to serve as such during his term of office. 1969 Op. Att'y Gen. No. 69-110.
Term of chairman.
— The language "who shall preside at such meeting and all other meetings during the year if present" might be considered as limiting the term of the chairman to one year. However, it is felt that this language merely relates back and refers to 4-38-8 NMSA 1978 setting forth the regular meetings to be held during any year and does not limit the term of the chairman to one year when his term of office as county commissioner is for two years. 1954 Op. Att'y Gen. No. 54-5983 (decided prior to adoption of N.M. Const., art. X, § 7 and amendment of 4-38-6 NMSA 1978).
When new chairman may be elected.
— Only if the chairman either resigns as chairman or ceases to be a member of the board may a new chairman be legally elected. 1969 Op. Att'y Gen. No. 69-110.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-11 - [Chairman; powers and duties.]

The chairman of said board shall have power to administer oaths to any person concerning any matter submitted to the board or connected with their powers and duties and he shall sign all orders on the county treasury.
History:
Laws 1876, ch. 1, § 18; C.L. 1884, § 349; C.L. 1897, § 668; Code 1915, § 1197; C.S. 1929, § 33-4211; 1941 Comp., § 15-3510; 1953 Comp., § 15-37-10.
ANNOTATIONS
Cross references.
— For signature by chairman of county orders,
see
4-45-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-12 - [Seal; sessions to be public; rules and regulations.]

Every board of county commissioners shall have a seal, or scroll until a seal can be procured, and may alter the same at pleasure. Their sessions shall be public with open doors, and all persons conducting themselves in an orderly manner may attend their meetings, and they may establish rules and regulations to govern the transaction of their business.
History:
Laws 1876, ch. 1, § 16; C.L. 1884, § 347; C.L. 1897, § 666; Code 1915, § 1198; C.S. 1929, § 33-4212; 1941 Comp., § 15-3511; 1953 Comp., § 15-37-11.
ANNOTATIONS
Cross references.
— For duty of sheriff to attend meetings of board of county commissioners,
see
4-41-16 NMSA 1978.
For meetings of policy-making bodies,
see
10-15-1 to 10-15-4 NMSA 1978.
Approval and signature of minutes of special meeting.
— If a special meeting is held and the minutes of the proceedings are read later at the regular meeting, the commissioners who concurred in the special meeting may approve and sign them if the proper procedures are followed, as motion to approve, second, etc. 1959 Op. Att'y Gen. No. 59-204.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-13 - [Powers; property belonging to county.]

The board of county commissioners shall have power at any session to make such orders concerning the property belonging to the county as they may deem expedient.
History:
Laws 1876, ch. 1, § 14(1); C.L. 1884, § 345(1); C.L. 1897, § 664(1); Code 1915, § 1199; C.S. 1929, § 33-4213; 1941 Comp., § 15-3512; 1953 Comp., § 15-37-12.
ANNOTATIONS
Cross references.
— For county property,
see
4-36-4 NMSA 1978.
For powers of counties generally,
see
4-37-1 NMSA 1978.
For control of property of disincorporated municipality,
see
3-4-7 NMSA 1978.
For insuring of public buildings,
see
13-5-1, 13-5-3 NMSA 1978.
For maintenance and upkeep of district attorney facilities,
see
36-1-8.1 NMSA 1978.
Rental of space in county buildings to private persons.
— Board of county commissioners may rent space in county courthouse to private individual when it does not interfere with public use and rental is for a short term only. 1945 Op. Att'y Gen. No. 45-4723.
Lease of county buildings free of rent.
— The board of county commissioners may permit the department of public welfare (now human services department) to use county buildings for its purposes free of rent. 1938 Op. Att'y Gen. 38-1899.
Determination of use of space assigned to county sheriff.
— While this section and 4-38-18 NMSA 1978 grant the board of county commissioners the authority to control and manage county property, this does not mean the board may arbitrarily decide how space assigned to the county sheriff may be used. 1969 Op. Att'y Gen. No. 69-50.
Setting office hours.
— A county commission may set the hours that offices of other elected county officials must stay open. 1990 Op. Att'y Gen. No. 90-05.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 491 to 498.
Real estate: power of governing body of county to dispose of county real estate in absence of specific statutory authority, 21 A.L.R.2d 722.
Public utility plant or interest therein, power of county to sell, lease or mortgage, 61 A.L.R.2d 595.
20 C.J.S. Counties §§ 143 to 149.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-13.1 - County equipment and property; permitted uses.

A. Notwithstanding any other provision of law, the board of county commissioners of any county except a class A county may contract for the use of county equipment or property for the benefit of community ditch associations, mutual domestic water associations or other public entities providing services to significant groups of county residents, which services could legally be provided by a governmental entity. In granting this permission, the board shall specifically describe the equipment or property to be used and the entity on whose behalf it will be used.
B. A board of county commissioners may contract for the use of county buildings for the benefit of nonprofit organizations demonstrating a consistent history of service to sick and indigent persons in the county, which service could legally be expected to be provided by a governmental entity, at rates these organizations can be reasonably expected to pay while maintaining their full service commitment to their respective constituencies. These contracts shall set forth the respective value of services being provided to county residents and the relative value of the use of property provided by the county. A contract entered into pursuant to this subsection is exempt from the Procurement Code [13-1-28 to 13-1-199 NMSA 1978] pursuant to Section 13-1-98.2 NMSA 1978.
History:
1978 Comp., § 4-38-13.1, enacted by Laws 1984, ch. 43, § 1; 2005, ch. 96, § 2; 2009, ch. 155, § 1.
ANNOTATIONS
Cross references.
— For exercise of county powers through ordinances,
see
4-37-1 NMSA 1978.
The 2009 amendment,
effective June 19, 2009, in Subsection B, added the last sentence.
The 2005 amendment,
effective June 17, 2005, added Subsection B to authorize counties to contract for the use of county buildings for the benefit of nonprofit organizations that provide services to sick and indigent persons at rates those organizations can reasonably pay while maintaining their full service commitment and to require the contract to set forth the respective value of services being provided and the value of the use of county property.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-13.2 - Legislative findings; community value.

The legislature finds that without the daily contributions and efforts of the thousands of worthwhile nonprofit organizations dedicated to serving sick and indigent persons in communities throughout New Mexico, the state would be inundated with constant requests for health, human and social services that it does not have revenue or resources to provide. The legislature finds that it is in the best interests of that population, as well as for all residents and taxpayers, that consideration be extended as real value recognition of the indispensable part these services contribute to the fabric of life in New Mexico.
History:
Laws 2005, ch. 96, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 96 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-14 - [County appropriation for state fair authorized.]

That the county commissioners in each respective county of the state may, for the purpose of aiding their county in displaying its products or potential products at the New Mexico state fair in Albuquerque, appropriate and expend out of the general fund of such county a sum not exceeding $1,000 annually.
History:
1941 Comp., § 15-3512a, enacted by Laws 1951, ch. 88, § 1; 1953 Comp., § 15-37-13.
ANNOTATIONS
Cross references.
— For state fairs generally,
see
16-6-1 NMSA 1978 et seq.
Appropriation of funds to install displays at state fair.
— Counties may make appropriations with which to install displays at the state fair which, presumably, will be of benefit to the counties. 1915 Op. Att'y Gen. No. 15-1578; 1915 Op. Att'y Gen. No. 15-1676.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-15 - [Agent of county having charge of county exhibit at state fair; appointment.]

That said county commissioners may appoint a qualified and suitable person to have charge of said county exhibits and to represent their county at the New Mexico state fair, and may if necessary compensate said agent for such services out of said appropriation.
History:
1941 Comp., § 15-3512b, enacted by Laws 1951, ch. 88, § 2; 1953 Comp., § 15-37-14.
ANNOTATIONS
Cross references.
— For state fairs generally,
see
16-6-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-17 - Tax levy for county general purposes; allocation.

Boards of county commissioners are authorized to levy a tax on all taxable property in the county for general county purposes, including salaries and expenses of county officers, deputies and employees, subject to maximum rates provided by law. Proceeds of the tax shall be allocated to appropriate funds, budgeted and expended as provided by law.
History:
1953 Comp., § 15-37-15.1, enacted by Laws 1973, ch. 4, § 10.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-17.1 - Tax levies authorization; procedures; health purposes.

A. A board of county commissioners may adopt a resolution to submit to the qualified electors of the county the question of whether a property tax at a rate not to exceed the rate specified in the resolution should be imposed upon the net taxable value of property allocated to the county under the Property Tax Code [Chapter 7, Articles 35 to 38 NMSA 1978] for the purpose of providing health care to sick and indigent persons in the county.
B. The resolution shall specify the rate of the proposed tax, which shall not exceed one dollar fifty cents ($1.50) on each one thousand dollars ($1,000) of net taxable value of property allocated to the county under the Property Tax Code and shall:
(1) specify the date of the election at which the question of imposition of the tax to the qualified electors of the county shall be held, which may be a general election or a special election called for that purpose, except that the election may not be held on the same ballot as an election held pursuant to Section 4-48B-15 NMSA 1978; and
(2) limit the imposition of the proposed tax to no more than eight years.
C. The question shall be voted upon as a separate question and shall be called, conducted and canvassed in substantially the same manner as provided by law for general elections. Upon certification, copies of the election shall be mailed immediately to the department of finance and administration and the taxation and revenue department.
D. For purposes of this section, "county" means a class B county with a population of no less than forty-one thousand and no more than forty-five thousand according to the last federal decennial census.
E. The mill levy authorized in this section is not subject to the rate limitation provisions of Section 7-37-7.1 NMSA 1978 and shall not be used to meet a county's obligations pursuant to Section 27-10-4 NMSA 1978.
History:
Laws 2004, ch. 113, § 1; 2005, ch. 89, § 1.
ANNOTATIONS
Cross references.
— For the Indigent Hospital and County Health Care Act,
see
27-5-1 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, in Subsection B(1), provided that an election may not be held on the same ballot as an election held pursuant to Section 4-48-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-20 - Repealed.

History:
1953 Comp., § 15-37-17, enacted by Laws 1969, ch. 90, § 1; Laws 1975, ch. 255, § 127; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 4-38-20 NMSA 1978, as enacted by Laws 1969, ch. 90, § 1, relating to precinct boundaries, filing with the secretary of state, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-21 - Repealed.

History:
Laws 1876, ch. 1, § 15; C.L. 1884, § 346; C.L. 1897, § 665; Code 1915, § 1207; Laws 1921, ch. 15, § 1; 1927, ch. 95, § 1; C.S. 1929, § 33-4221; 1941 Comp., § 15-3516; 1953 Comp., § 15-37-18; Laws 1969, ch. 90, § 2; 1984 (1st S.S.), ch. 3, § 7; 1991 (1st S.S.), ch. 6, § 9; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 4-38-21 NMSA 1978, as enacted by Laws 1876, ch. 1, § 15, relating to creation of new precincts, petition necessary, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-22 - Repealed.

History:
Laws 1876, ch. 1, § 28; C.L. 1884, § 359; C.L. 1897, § 677; Code 1915, § 1208; C.S. 1929, § 33-4222; 1941 Comp., § 15-3517; 1953 Comp., § 15-37-19; Laws 1969, ch. 90, § 3; 1975, ch. 255, § 128; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 4-38-22 NMSA 1978, as enacted by Laws 1876, ch. 1, § 28, relating to change in precincts, map, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-23 - Repealed.

History:
Laws 1876, ch. 1, § 32; C.L. 1884, § 363; C.L. 1897, § 682; Code 1915, § 1239; C.S. 1929, § 33-4305; 1941 Comp., § 15-3518; 1953 Comp., § 15-37-20; Laws 1969, ch. 90, § 4; 1975, ch. 255, § 129; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 4-38-23 NMSA 1978, as enacted by Laws 1876, ch. 1, § 32, relating to change in precincts, certificates and map to secretary of state, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-24 - Powers over highways.

The board of county commissioners of each county shall have the power to lay out, alter or discontinue any road running through one or more precincts or townships in such county and to perform such other duties respecting roads as may be required by law.
History:
Laws 1876, ch. 1, § 14(7); C.L. 1884, § 345(7); C.L. 1897, § 664(7); Code 1915, § 1203; C.S. 1929, § 33-4217; 1941 Comp., § 15-3520; 1953 Comp., § 15-37-22; 2011, ch. 137, § 108.
ANNOTATIONS
Cross references.
— For application of moneys from United States forest reserves to road fund,
see
6-11-3 NMSA 1978.
For funds for maintenance of secondary roads,
see
6-11-6 NMSA 1978.
For cattleguards on school bus routes,
see
22-16-8 NMSA 1978.
For snow removal on school bus routes,
see
22-16-10 NMSA 1978.
For requirement of permission for utilities to use county roads,
see
62-1-3 NMSA 1978.
For county highways,
see
67-4-2 NMSA 1978 et seq.
For the Scenic Highway Zoning Act,
see
67-13-1 NMSA 1978 et seq.
For rights-of-way for oil and gas pipelines,
see
70-3-7 to 70-3-9 NMSA 1978.
For the Noxious Weed Control Act,
see
76-7-1 NMSA 1978 et seq.
Compiler's notes.
— Laws 1927, ch. 41, § 722, purports to repeal "So much of Section 1203 [this section] . . . as relates to elections . . .." The second paragraph of this section was therefore omitted from the 1929, 1941 and 1953 Comps. However, the paragraph is set out above since N.M. Const., art. IV, § 18 requires the section to be amended to be set out in full which was not done as to this section in Laws 1927, ch. 41.
The 2011 amendment,
effective July 1, 2011, eliminated the duty of boards of county commissioners to appoint a board of registration for the registration of voters and judges of elections, the authority to act as boards of canvassers, the duty of judges of elections to make returns, and requirements for canvassing elections.
Road construction and repair.
— Counties possess the authority to construct or repair county roads within their boundaries.
Bolton v. Board of County Comm'rs
, 1994-NMCA-167, 119 N.M. 355, 890 P.2d 808, cert. denied, 119 N.M. 311, 889 P.2d 1233 (1995).
When dedication of land by owner binding upon county.
— Though dedication of land by the owner to public use may bind the dedicator, the county is not bound until there has been an acceptance by the board of county commissioners.
State ex rel. Shelton v. Board of Comm'rs
, 1945-NMSC-027, 49 N.M. 218, 161 P.2d 212.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-25 - [Bridges.]

They may order and direct the construction of bridges and provide and appropriate funds therefor.
History:
Laws 1876, ch. 1, § 14(11); C.L. 1884, § 345(11); C.L. 1897, § 664(11); Code 1915, § 1205; C.S. 1929, § 33-4219; 1941 Comp., § 15-3521; 1953 Comp., § 15-37-23.
ANNOTATIONS
Cross references.
— For powers of commissioners with respect to county highways in general,
see
67-4-2 NMSA 1978 et seq.
For vacation, alteration and establishment of county roads and bridges,
see
67-5-1 NMSA 1978 et seq.
For county highway and bridge bonds,
see
67-6-1 NMSA 1978 et seq.
For obstructions and injuries to highways and bridges,
see
Chapter 67, Article 7 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-26 - [Streets in unincorporated county seats.]

The boards of county commissioners in the unincorporated county seats of this state shall have the same powers that were possessed by the boards of trustees and city council in the incorporated towns and cities of New Mexico, on March 7, 1897, with reference to the care, opening, altering, changing and grading of roads and streets in their respective county seats, and with reference to the laying of sidewalks and taking care of the same in such county seat: provided, that the county shall not pay any of the expenses in making such improvements or changes.
History:
Laws 1897, ch. 30, § 1; C.L. 1897, § 664(13); Code 1915, § 1206; C.S. 1929, § 33-4220; 1941 Comp., § 15-3522; 1953 Comp., § 15-37-24.
ANNOTATIONS
Compiler's notes.
— The compilers of C.L. 1897 added this section to § 664 thereof, as though it were a subsection of Laws 1876, ch. 1, § 14. Except in content, it had no connection with that act, but was independent legislation.
Traffic in unincorporated village.
— County commissioners have not the power to regulate traffic in an unincorporated village. 1929 Op. Att'y Gen. No. 29-13.
When dedication of land by owner binding upon county.
— Though dedication of land by the owner to public use may bind the dedicator, the county is not bound until there has been an acceptance by the board of county commissioners.
State ex rel. Shelton v. Board of Comm'rs
, 49 N.M. 218, 161 P.2d 212 (1945).
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-27 - [Receipts and expenditures; publication of report.]

The boards of county commissioners of their respective counties at their regular meeting in January in each year shall cause to be prepared a statement of the receipts and expenditures of such county during the year immediately preceding, setting forth the amount of money received from taxes, from licenses and all other sources; setting forth also the amount expended and the particular objects for which in each case every sum of money has been expended; and such statement signed by the chairman and county clerk shall be published.
History:
Laws 1876, ch. 1, § 26; C.L. 1884, § 357; C.L. 1897, § 675; Code 1915, § 1211; C.S. 1929, § 33-4225; 1941 Comp., § 15-3524; 1953 Comp., § 15-37-26.
ANNOTATIONS
Compiler's notes.
— This section may be affected by 10-17-1 to 10-17-3 NMSA 1978 which provide for monthly summaries of minutes of the proceedings of the board of county commissioners to be prepared and filed with the clerk and mailed to county legal newspapers and made public, and for monthly statements of expenditures to be published.
Cross references.
— For publication of proceedings of board of county commissioners generally,
see
4-38-9 NMSA 1978.
For preparation and disposition of monthly minutes of proceedings of board of county commissioners,
see
10-17-1, 10-17-2 NMSA 1978.
For publication of list of monthly expenditures of board of county commissioners,
see
10-17-3 NMSA 1978.
For filing of monthly statements of public moneys received and disbursed by county officers,
see
10-17-4 NMSA 1978.
For language requirements for publication of proceedings of board of county commissioners,
see
14-11-11 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 20 C.J.S. Counties § 196.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-28 - [Payments without authority; liability of commissioners.]

All moneys, county warrants or other indebtedness paid out or ordered to be paid out by any of the said county commissioners before mentioned, without authority of law, each and every county commissioner so doing shall be liable for and to the county for the amount so by them paid out without authority of law and all the costs and expenses incurred in the recovery of such money, which amount shall be collected and recovered in a suit before the district court, and upon the said bond, in the same manner as other actions.
History:
Laws 1887, ch. 8, § 2; C.L. 1897, § 697; Code 1915, § 1215; C.S. 1929, § 33-4229; 1941 Comp., § 15-3525; 1953 Comp., § 15-37-27.
ANNOTATIONS
Cross references.
— For use of certified copy in action on bond of public officer,
see
10-2-10 NMSA 1978.
Sheriff's telephone bills.
— Because the board of county commissioners may be liable for any payments they order made if the payments are not authorized by law, the board may require the county sheriff to itemize and verify telephone bills for his office in order for the board to protect itself. 1963 Op. Att'y Gen. No. 63-142.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 539.
20 C.J.S. Counties §§ 199 to 201, 137 to 141.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-29 - [Approving unauthorized account; penalty; recovery of money.]

Any county commissioner who shall vote to approve any account, or order any money paid to any officer or individual, except as provided by law, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding five hundred dollars [($500)], and the money so illegally ordered to be paid shall be recovered in a suit brought in the name of the county on his official bond.
History:
Laws 1897, ch. 60, § 15 [14]; C.L. 1897, § 867(14); Code 1915, § 1216; C.S. 1929, § 33-4230; 1941 Comp., § 15-3526; 1953 Comp., § 15-37-28.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The 1915 Code compilers deleted "The county commissioners shall receive no mileage or additional compensation for attending special or called meetings and" from the beginning of the section.
Cross references.
— For use of certified copy in action on bond of public officer,
see
10-2-10 NMSA 1978.
County clerks not responsible for funds.
— Legal responsibility for the disbursement of public funds, vested in the board of county commissioners, does not extend to county clerks. 1979 Op. Att'y Gen. No. 79-33.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-30 - [Neglect of duty; penalty.]

If any one of the commissioners shall refuse or neglect to perform any of the duties which are or shall be required by law of him as a member of the board of county commissioners without any just cause therefor, he shall for each offense be fined in a sum not less than twenty-five dollars [($25.00)] nor more than one hundred dollars [($100)] on conviction in the district court.
History:
Laws 1876, ch. 1, § 27; C.L. 1884, § 358; C.L. 1897, § 676; Code 1915, § 1212; C.S. 1929, § 33-4226; 1941 Comp., § 15-3527; 1953 Comp., § 15-37-29.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For failure, neglect or refusal to perform duties as cause for removal of local public officers,
see
10-4-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-31 - [Establishment of airports.]

The boards of county commissioners of the various counties of this state are hereby authorized and empowered to acquire by purchase, condemnation, gift or lease lands for use as an airport and to establish, construct, own, lease, control, equip, improve, maintain and operate an airport, and to lease or grant the use and privilege thereof to others. Such airports and the airstrips and landing fields thereof are hereby declared to be in the nature of public roads in their facilitation of public travel and transportation; and, the buildings and structures necessary to be used in connection therewith are hereby declared to be necessary public buildings, and the exclusive use of any such airport or airports shall not be granted to any person, persons, firm, corporation or association.
History:
1941 Comp., § 15-3528, enacted by Laws 1949, ch. 67, § 1; 1953 Comp., § 15-37-30.
ANNOTATIONS
Cross references.
— For leasing of state lands by municipalities,
see
19-7-54 NMSA 1978.
For joint airport zoning boards,
see
64-2-1, 64-2-2 NMSA 1978.
Airports and landing fields.
— Counties and municipalities are specifically authorized by statute to operate an airport or landing field.
Yarger v. Timberon Water & Sanitation Dist
., 2002-NMCA-055, 132 N.M. 270, 46 P.3d 1270.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 8 Am. Jur. 2d Aviation § 71.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-32 - Eminent domain power for acquiring airports.

Any property desired for use as an airport by counties under Section 4-38-31 NMSA 1978, may be acquired as for a public purpose and as a matter of public necessity under the power of eminent domain according to the procedure for condemnation provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978].
History:
1941 Comp., § 15-3529, enacted by Laws 1949, ch. 67, § 2; 1953 Comp., § 15-37-31; 1981, ch. 125, § 43.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Right of owner of land not originally taken or purchased as part of adjacent project to recover, on enlargement of project to include adjacent land, enhanced value of property by reason of proximity to original land, 95 A.L.R.3d 752.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-33 - [Eminent domain power over land contiguous and adjacent to airport.]

The power of eminent domain and right of condemnation granted to counties under the provisions of this act [4-38-31 to 4-38-37 NMSA 1978] shall extend to such land contiguous and adjacent to any such airport or any other lands within one-half mile in any direction from the outer boundaries of said airport as may be necessary to render ingress to and egress from said airport efficient and free from hazard.
History:
1941 Comp., § 15-3530, enacted by Laws 1949, ch. 67, § 3; 1953 Comp., § 15-37-32.
ANNOTATIONS
Cross references.
— For condemnation proceedings generally,
see
42A-1-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Right of owner of land not originally taken or purchased as part of adjacent project to recover, on enlargement of project to include adjacent land, enhanced value of property by reason of proximity to original land, 95 A.L.R.3d 752.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-34 - [Joint county-municipal operation of airports.]

The boards of county commissioners are hereby authorized and empowered to cooperate and join with any municipality located in such county, in the joint operation, financing, maintenance and control of publicly owned or operated airports, under such plan and provisions, as the board of county commissioners and the governing body of such municipality may mutually agree.
History:
1941 Comp., § 15-3531, enacted by Laws 1949, ch. 67, § 4; 1953 Comp., § 15-37-33.
ANNOTATIONS
Cross references.
— For joint airport zoning boards,
see
64-2-1, 64-2-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-35 - [Federal aid for airports; gifts.]

The respective boards of county commissioners are authorized and empowered to seek and obtain, if possible, from the United States government, or any department or agency thereof, financial aid and assistance to carry into effect the purposes hereof. Such boards are also authorized and empowered in their discretion to accept gifts and donations of any kind or character from any source whatsoever, including, but not limited to a site for such airports.
History:
1941 Comp., § 15-3532, enacted by Laws 1949, ch. 67, § 5; 1953 Comp., § 15-37-34.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-36 - [Power to issue bonds for airports.]

The boards of county commissioners of the various counties of this state are hereby authorized and empowered to issue and dispose of the negotiable bonds of such county, subject to the limitations and in accordance with Article 9 of the constitution, for the purpose of securing funds for the acquisition and construction of an airport, airplane landing strips and necessary public buildings to be used in connection therewith.
History:
1941 Comp., § 15-3533, enacted by Laws 1949, ch. 67, § 6; 1953 Comp., § 15-37-35.
ANNOTATIONS
Cross references.
— For state, county and municipal indebtedness,
see
N.M. Const., art. IX, § 1 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 20 C.J.S. Counties § 220.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-37 - [Procedure for issuing bonds for airports.]

The proceedings for calling, holding and canvassing the results of an election to determine whether such bonds are to be issued, the manner of issuance and the terms and provisions of such bonds, the sale thereof, the levy of taxes for the payment thereof and the manner and time of payment thereof shall all be the same as is now or may hereafter be provided by law with respect to bonds issued for the purpose of building courthouses and, in general, all of the provisions of law with respect to county courthouse bonds shall, so far as applicable, apply to the bonds herein authorized.
History:
1941 Comp., § 15-3534, enacted by Laws 1949, ch. 67, § 7; 1953 Comp., § 15-37-36.
ANNOTATIONS
Cross references.
— For bonds for courthouses, jails, bridges, hospitals and libraries,
see
4-49-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-38 - Creation of county advisory boards.

There is created a county advisory board in each county of the fourth and fifth class. The board shall consist of the county commissioners, the county treasurer, county assessor, sheriff and county clerk.
History:
1953 Comp., § 15-37-37, enacted by Laws 1959, ch. 239, § 1.
ANNOTATIONS
Cross references.
— For classification of counties for salary purposes,
see
4-44-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-39 - Duties of board.

The board shall meet with the county commissioners and advise them on all matters concerning the offices of county officials and on all matters concerning administration of public matters of the county. Each member of the board shall familiarize himself with all matters of a public nature in his respective county, and each member of the advisory board shall make suggestions and recommendations for more efficient administration of county finances, county government or any other function of the county. The advisory board shall encourage cooperation between various county officials and bring about mediation when several county officials fail or neglect to cooperate in exercising their duties whenever the lack of cooperation becomes detrimental to the efficiency of county government.
History:
1953 Comp., § 15-37-38, enacted by Laws 1959, ch. 239, § 2.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-41 - Terms of members.

Terms of members of the county advisory boards in fourth and fifth class counties begin June 15, 1959, and expire with each member's term of elective county office. Terms of successors shall begin and expire with each member's term of elective county office.
History:
1953 Comp., § 15-37-40, enacted by Laws 1959, ch. 239, § 4.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-42 - Salary[; members of advisory board].

In addition to salaries received as elective county officers, each member of a county advisory board, except the county commissioners, shall receive six hundred dollars ($600) a year, plus three hundred dollars ($300) additional for deputies. Each county commissioner shall receive three hundred dollars ($300) a year; provided, that only so much of the salaries of each member of the board shall be allowed as the county's valuation will raise for the salary funds within the twenty mill limitation.
History:
1953 Comp., § 15-37-41, enacted by Laws 1959, ch. 239, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material in the catchline was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 39 - County Assessor › Section 4-39-1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 119, § 2 repealed 4-39-1 NMSA 1978, as enacted by Laws 1884, ch. 63, § 1, providing for the election of a county assessor, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
4-38-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 39 - County Assessor › Section 4-39-2 - Courses in property valuation and property tax administration authorized; issuance of certificates.

The taxation and revenue department, in cooperation with the international association of assessing officers and the real estate appraisers board, may establish four grades of courses in the field of property valuation and property tax administration. The courses shall be graded in order of increasing difficulty and shall be administered by the department. Persons completing a course and passing an examination on a particular grade of property valuation and property tax administration shall be issued an appraiser's certificate of an appropriate grade. A person shall not be issued an appraiser's certificate of a particular grade unless the person has been issued an appraiser's certificate for each one of the lesser grades. The appraiser's certificates shall be denominated "Appraiser 1", "Appraiser 2", "Appraiser 3" and "Appraiser 4" and shall be granted in order of difficulty of the course and examination completed. The "Appraiser 4" certificate shall be granted for completion of the most difficult course. County assessors or appraisers who have been granted an "Appraiser 4" certificate shall be designated "New Mexico certified appraiser" and shall be provided by the taxation and revenue department with a certificate granting this designation.
History:
1953 Comp., § 15-38-1.1, enacted by Laws 1978, ch. 47, § 1; 1995, ch. 12, § 2; 2005, ch. 118, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1978, ch. 47, § 1, repealed 15-38-1.1, 1953 Comp. (4-39-2 NMSA 1978), relating to the authorization of courses in property valuation and property tax administration and issuance of certificates, and enacted a new section.
Cross references.
— For qualifications for appraisers' certificates,
see
4-39-3 NMSA 1978.
For property tax training programs,
see
7-35-5 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, authorized the real estate appraisers board to participate in establishing property valuation and property tax administration courses.
The 1995 amendment,
effective June 16, 1995, deleted "property tax division of the" preceding "taxation" and substituted "international association of assessing officers" for "state institutions of higher learning" in the first sentence; substituted "department" for "institutions of higher learning" at the end of the second sentence; substituted "taxation and revenue department" for "property tax division" in the final sentence; and made a stylistic change.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 39 - County Assessor › Section 4-39-3 - Qualifications for appraiser's certificates.

The taxation and revenue department, in cooperation and in keeping with the standards of the international association of assessing officers and the real estate appraisers board, shall establish the qualifications that are prerequisite to the issuance of each grade of appraiser's certificate.
History:
1953 Comp., § 15-38-1.2, enacted by Laws 1969, ch. 269, § 2; 1973, ch. 258, § 139; 1974, ch. 92, § 1; 1977, ch. 249, § 25; 1995, ch. 12, § 3; 2005, ch. 118, § 2.
ANNOTATIONS
Cross references.
— For conduct of courses in property valuation and property tax administration and issuance of appraisers' certificates,
see
4-39-2 NMSA 1978.
For property tax training programs,
see
7-35-5 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, required the taxation and revenue department to establish qualifications for appraisers' certificates in cooperation and in keeping with the standards of the real estate appraisers board.
The 1995 amendment,
effective June 16, 1995, deleted "property tax division of the" preceding "taxation" and "with the representatives of the participating institutions" following "cooperation" near the beginning, and made stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 39 - County Assessor › Section 4-39-6 - Assessors; removal proceedings against; secretary of taxation and revenue may cause to be instituted; district attorney; attorney general.

A. The secretary of taxation and revenue may, if grounds appear therefor, cause removal proceedings to be instituted against any assessor by the district attorney for the county for which the assessor was elected, or by the attorney general, in the manner provided by law for the institution and prosecution of removal proceedings against public officers by district attorneys.
B. The secretary of taxation and revenue shall cause removal proceedings to be instituted under Subsection A of this section against any assessor whose functions have been suspended under Section 7-35-6 NMSA 1978 when any suspension under that section continues without interruption for a period of more than sixty days.
C. Nothing in this section shall be construed to repeal or limit any provisions of law relating to the liability of assessors as such or as public officers to fine, imprisonment or removal from office for failure, refusal or neglect to discharge any duty imposed upon them by law, but shall be in addition to them.
History:
1953 Comp., § 15-38-7, enacted by Laws 1955, ch. 176, § 5; 1973, ch. 258, § 140; 1977, ch. 249, § 26; 1995, ch. 12, § 4.
ANNOTATIONS
Cross references.
— For action against assessors for noncompliance with the Property Tax Code,
see
7-35-6 NMSA 1978.
For removal of public officers,
see
10-3-1 NMSA 1978 et seq.
The 1995 amendment,
effective June 16, 1995, substituted "secretary of taxation and revenue" for "property tax division of the taxation and revenue department" in the section heading and for "director of the property tax division of the taxation and revenue department" in Subsections A and B, made a stylistic change in Subsection B, and added Subsection C.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 39 - County Assessor › Section 4-39-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1995, ch. 12, § 15 repealed 4-39-7 NMSA 1978, as enacted by Laws 1955, ch. 176, § 6, relating to construction of the law on removal proceedings against assessors, effective June 16, 1995. For provision of former section,
see
the 1994 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
4-39-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 40 - County Clerk › Section 4-40-1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 119, § 2 repealed 4-40-1 NMSA 1978, as enacted by Laws 1868-1869, ch. 36, § 1, providing for the election of a county clerk and treasurer, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
4-38-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 40 - County Clerk › Section 4-40-2 - County clerk; bond.

The county clerk of each county shall, before entering upon the duties of his office and within ten days after the first day of January following his election, execute a bond to the state of New Mexico, in the penal sum of ten thousand dollars [($10,000)], with sufficient sureties, to be approved by the judge of the district court of said county, conditioned that he will well and faithfully perform all of his duties as such county clerk during his term of office.
History:
Laws 1901, ch. 35, §§ 1, 2; Code 1915, § 1441; Laws 1919, ch. 10, § 1; C.S. 1929, § 34-425; 1941 Comp., § 15-3702; 1953 Comp., § 15-39-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For oath and bonds of county officers,
see
10-1-13 NMSA 1978.
For bonds of public officers generally,
see
10-2-1 NMSA 1978 et seq.