reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 6 - County Subdivisions › Section 47-6-7 - Vacation of plats; approval; duties of county clerk; effect.

A. Any final plat filed in the office of the county clerk may be vacated or a portion of the final plat may be vacated if:
(1) the owners of the land proposed to be vacated sign an acknowledged statement, declaring the final plat or a portion of the final plat to be vacated; and
(2) the statement is approved by the board of county commissioners of the county within whose platting authority the vacated portion of the subdivision is located.
B. In approving the vacation of all or a part of a final plat, the board of county commissioners shall determine whether or not the vacation will adversely affect the interests of persons on contiguous land or persons within the subdivision being vacated. In approving the vacation of all or a portion of a final plat, the board of county commissioners may require that streets dedicated to the county in the final plat continue to be dedicated to the county. The owners of parcels on the vacated portion of the final plat may enclose in equal proportions the adjoining streets and alleys that are authorized to be abandoned.
C. The approved statement declaring the vacation of a portion or all of a final plat shall be filed in the office of the county clerk in which the final plat is filed. The county clerk shall mark the final plat with the words "Vacated" or "Partially Vacated" and refer on the final plat to the volume and page on which the statement of vacation is recorded.
D. The rights of any utility existing prior to the vacation, total or partial, of any final plat are not affected by the vacation of a final plat.
History:
1953 Comp., § 70-5-7, enacted by Laws 1973, ch. 348, § 7; 1995, ch. 212, § 7.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1996, substituted "final plat" for "plat" throughout the section; substituted "final plat" for "original plat" in the second sentence of Subsection B and in two places in Subsection C; substituted "parcels" for "lot" in the third sentence of Subsection B; and made minor stylistic changes.
Law reviews.
— For note, "Gabaldon v. Sanchez: New Developments in the Law of Nuisance, Negligence and Trespass," see 9 N.M.L. Rev. 367 (1979).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 62 C.J.S. Municipal Corporations § 84.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 6 - County Subdivisions › Section 47-6-9.1 - Merger of contiguous parcels; prohibition.

A. Contiguous parcels that are owned by a single owner shall not be required by a board of county commissioners to be merged into one parcel if:
(1) each of the contiguous parcels:
(a) is shown on the official plat map of the county; or
(b) was created by a deed or survey recorded with the office of the county clerk;
(2) the chain of title to the contiguous parcels clearly demonstrates that the parcels have been considered separate prior to transfer into common ownership; and
(3) the owner of the contiguous parcels has taken no action to consolidate the parcels.
B. Nothing in this section limits a board of county commissioners, pursuant to notice and public hearing, from requiring consolidation of contiguous parcels in common ownership for the purpose of enforcing minimum zoning or subdivision standards on the parcels.
History:
Laws 2003, ch. 326, § 1.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 326 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 6 - County Subdivisions › Section 47-6-11.1 - Expiration of preliminary plat.

A. An approved or conditionally approved preliminary plat shall expire twenty-four months after its approval or conditional approval, or after any additional period of time as may be prescribed by county regulation, not to exceed an additional twelve months. However, if the subdivider proposes to file multiple final plats as provided for under county regulations governing phased development, each filing of a final plat shall extend the expiration of the approved or conditionally approved preliminary plat for an additional thirty-six months from the date of its expiration or the date of the previously filed final plat, whichever is later. The number of phased final plats shall be determined by the board of county commissioners at the time of the approval or conditional approval of the preliminary plat.
B. Prior to the expiration of the approved or conditionally approved preliminary plat, the subdivider may submit an application for extension of the preliminary plat for a period of time not exceeding a total of three years. The period of time specified in this subsection shall be in addition to the period of time provided in Subsection A of this section.
C. The expiration of the approved or conditionally approved preliminary plat shall terminate all proceedings on the subdivision, and no final plat shall be filed without first processing a new preliminary plat.
History:
Laws 1995, ch. 212, § 12.
ANNOTATIONS
Effective dates.
— Laws 1995, ch. 212, § 34 made Laws 1995, ch. 212, § 12 effective July 1, 1996.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 6 - County Subdivisions › Section 47-6-11.2 - Water permit required for final plat approval.

Before approving the final plat for a subdivision containing ten or more parcels, any one of which is two acres or less in size, the board of county commissioners shall require that the subdivider provide proof of a service commitment from a water provider and an opinion from the state engineer that the subdivider can fulfill the requirements of Paragraph (1) of Subsection F of Section 47-6-11 NMSA 1978 or provide a copy of a permit obtained from the state engineer, issued pursuant to Section 72-5-1, 72-5-23, 72-5-24, 72-12-3 or 72-12-7 NMSA 1978 for the subdivision water use. In acting on the permit application, the state engineer shall determine whether the amount of water permitted is sufficient in quantity to fulfill the maximum annual water requirements of the subdivision, including water for indoor and outdoor domestic uses. The board of county commissioners shall not approve the final plat unless the state engineer has so issued a permit for the subdivision water use or the subdivider has provided proof of a service commitment from a water provider and the state engineer has provided an opinion that the subdivider can fulfill the requirements of Paragraph (1) of Subsection F of Section 47-6-11 NMSA 1978. The board of county commissioners shall not approve the final plat based on the use of water from any permit issued pursuant to Section 72-12-1.1 NMSA 1978.
History:
Laws 1995, ch. 212, § 13; 2013, ch. 224, § 1.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, required subdividers of land to possess a permit for or proof of access to a sufficient amount of water to meet the needs of a proposed subdivision before final plat approval; in the first sentence, deleted the subsection letter for Subsection A and "Until July 1, 1997"; after "subdivision containing" deleted "twenty" and added "ten", after "require that the subdivider", added "provide proof of a service commitment from a water provider and an opinion from the state engineer that the subdivider can fulfill the requirements of Paragraph (1) of Subsection F of Section 47-6-11 NMSA 1978", and after "72-5-24", deleted "NMSA 1978, or if the subdivision is located within a declared underground water basin, provide a copy of a permit obtained from the state engineer issued pursuant to those sections or to Section"; in the third sentence, after "subdivision water use", added the remainder of the sentence, and added the fourth sentence; and deleted former Subsection B, which authorized the board of county commissioners to require the subdivider of land containing twenty or more parcels to provide a permit from the state engineer for the subdivision water use and which required the state engineer to determine if the water was sufficient for the subdivision's requirements.
Law reviews.
— For article, "Water Supply and Urban Growth in New Mexico: Same Old, Same Old or a New Era," see 43 Nat. Res. J. 803 (2003).
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 6 - County Subdivisions › Section 47-6-11.3 - Approval of final plats.

A. After the approval or conditional approval of a preliminary plat and prior to the expiration of such plat, the subdivider may prepare a final plat in accordance with the approved or conditionally approved preliminary plat.
B. The board of county commissioners shall not deny a final plat if it has previously approved a preliminary plat for the proposed subdivision and it finds that the final plat is in substantial compliance with the previously approved preliminary plat. Denial of a final plat shall be accompanied by a finding identifying the requirements that have not been met.
C. If, at the time of approval of the final plat, any public improvements have not been completed by the subdivider as required by the board of county commissioners pursuant to the New Mexico Subdivision Act or county subdivision regulations, the board of county commissioners shall, as a condition precedent to the approval of the final plat, require the subdivider to enter into an agreement with the county upon mutually agreeable terms to thereafter complete the improvements at the subdivider's expense.
History:
Laws 1995, ch. 212, § 14.
ANNOTATIONS
Effective dates.
— Laws 1995, ch. 212, § 34 made Laws 1995, ch. 212, § 14 effective July 1, 1996.
No vested rights.
— Where a property owner purchased undeveloped property seventeen years after the board of county commissioners granted final plat approval; the owner was aware that the county considered the subdivision to be invalid and that the county had imposed a moratorium on development of the property to deal with a water emergency; and the conditions of plat approval had not been met, the owner's reliance on the validity of the subdivision was not reasonable and the owner did not have vested rights in the subdivision.
Miller v. Board of Cnty. Comm'rs.
, 2008-NMCA-124, 144 N.M. 841, 192 P.3d 1218, cert. denied, 2008-NMCERT-008, 145 N.M. 254, 195 P.3d 1266.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 6 - County Subdivisions › Section 47-6-11.4 - Plat approval; proof of adequate water supply on lands from which irrigation water rights have been severed.

A. Before approving the final plat for a subdivision of land from which irrigation water rights appurtenant to the land have been severed, the board of county commissioners shall require that the subdivider provide proof of a service commitment from a water provider and an opinion from the state engineer that the subdivider can fulfill the requirements of Paragraph (1) of Subsection F of Section 47-6-11 NMSA 1978 or acquire sufficient water rights through a permit issued pursuant to Section 72-5-1, 72-5-23, 72-5-24, 72-12-3 or 72-12-7 NMSA 1978 for subdivision water use. In acting on the permit application, the state engineer shall determine whether the amount of water permitted is sufficient in quantity to fulfill the maximum annual water requirements of the subdivision, including water for indoor and outdoor domestic uses. The board of county commissioners shall not approve the final plat unless the state engineer has so issued a permit for the subdivision water use or the subdivider has provided proof of a service commitment from a water provider and the state engineer has provided an opinion that the subdivider can fulfill the requirements of Paragraph (1) of Subsection F of Section 47-6-11 NMSA 1978. The board of county commissioners shall not approve the final plat based on the use of water from any permit issued pursuant to Section 72-12-1.1 NMSA 1978.
B. The provisions of this section shall only apply to land from which irrigation water rights that are appurtenant to that land are severed after the effective date of this section.
History:
Laws 2013, ch. 173, § 2.
ANNOTATIONS
Emergency clauses.
— Laws 2013, ch. 173, § 3, contained an emergency clause and was approved April 4, 2013.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 6 - County Subdivisions › Section 47-6-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1995, ch. 212, § 32 repealed 47-6-12 and 47-6-13 NMSA 1978, as enacted by Laws 1973, ch. 348, § 12 and as amended by Laws 1981, ch. 148, § 4, relating to approval for type-three, type-four and type-five subdivisions, effective July 1, 1996. For provisions of former sections,
see
the 1994 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 6 - County Subdivisions › Section 47-6-14 - Public hearings on preliminary plats.

The board of county commissioners shall adhere to the following requirements concerning public hearings on preliminary plats.
A. Notice of the hearing shall be given at least twenty-one days prior to the hearing date and shall state:
(1) the subject of the hearing;
(2) the time and place of the hearing;
(3) the manner for interested persons to present their views; and
(4) the place and manner for interested persons to secure copies of any favorable or adverse opinion and of the subdivider's proposal. The board of county commissioners may impose a reasonable charge for the costs of reproducing and mailing the opinions and proposals.
B. The notice shall be published in a newspaper of general circulation in the county.
C. Reasonable effort shall be made to give notice to all persons who have made a written request to the board of county commissioners for advance notice of its hearings. Notice shall also be given to any public agency that issued an opinion or withheld an opinion on the basis of insufficient information.
D. Public hearings on preliminary plats shall be held within thirty days from the receipt of all requested public agency opinions where all such opinions are favorable, or within thirty days from the date all public agencies complete their review of any additional information submitted by the subdivider pursuant to Section 47-6-11 NMSA 1978. If the board of county commissioners does not receive a requested opinion within the thirty-day period, the board shall proceed.
E. At the hearing, the board of county commissioners shall allow all interested persons a reasonable opportunity to submit data, views or arguments, orally or in writing, and to examine witnesses testifying at the hearing.
F. The board of county commissioners shall approve, approve with conditions or disapprove the preliminary plat within thirty days of the public hearing at a public meeting of the board of county commissioners.
History:
1953 Comp., § 70-5-14, enacted by Laws 1973, ch. 348, § 14; 1995, ch. 212, § 15.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1996, rewrote the section to such an extent that a detailed comparison would be impracticable.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 83 Am. Jur. 2d Zoning and Planning §§ 765, 768, 769, 779, 780.
Validity and construction of statutory notice requirements prerequisite to adoption or amendment of zoning ordinance or regulation, 96 A.L.R.2d 449.
62 C.J.S. Municipal Corporations § 226(11).
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 6 - County Subdivisions › Section 47-6-16 - Succeeding subdivisions.

Any proposed subdivision may be combined and upgraded for classification purposes by the board of county commissioners with a previous subdivision if the proposed subdivision includes:
A. a part of a previous subdivision that has been created in the preceding seven-year period; or
B. any land retained by a subdivider after creating a previous subdivision when the previous subdivision was created in the preceding seven-year period.
History:
1953 Comp., § 70-5-16, enacted by Laws 1973, ch. 348, § 16; 1995, ch. 212, § 17.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1996, deleted "either" at the end of the introductory paragraph; and substituted "created in the preceeding ten-year period" for "approved in the preceeding three-year period" in Subsections A and B.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 6 - County Subdivisions › Section 47-6-18 - Advertising standards.

A. Brochures, disclosure statements, publications and advertising of any form relating to subdivided land shall:
(1) not misrepresent or contain false or misleading statements of fact;
(2) not describe deeds, title insurance or other items included in a transaction as "free" and shall not state that any parcel is "free" or given as an "award" or "prize" if any consideration is required for any reason;
(3) not describe parcels available for "closing costs only" or similar terms unless all such costs are accurately and completely itemized or when additional parcels must be purchased at a higher price;
(4) not include an asterisk or other reference symbol as a means of contradicting or substantially changing any statement;
(5) if subdivision illustrations are used, accurately portray the subdivision in its present state, and if illustrations are used portraying points of interest outside the subdivision, state the actual road miles from the subdivision;
(6) not contain artists' conceptions of the subdivision or any facilities within it unless clearly described as such and shall not contain maps unless accurately drawn to scale with the scale indicated;
(7) not contain references to any facilities, points of interest or municipalities located outside the subdivision unless the distances from the subdivision are stated in the advertisement in actual road miles; and
(8) refer to where the subdivider's disclosure statement may be obtained.
B. Copies of all brochures, publications and advertising relating to subdivided land shall be filed with the board of county commissioners of the county in which the subdivision is located and with the attorney general within fifteen days after initial use by the subdivider.
History:
1953 Comp., § 70-5-18, enacted by Laws 1973, ch. 348, § 18; 1995, ch. 212, § 19.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1996, deleted "if a disclosure statement is required for the subdivision" at the end of Paragraph A(8).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 12 Am. Jur. 2d Brokers § 20.
Validity, construction and application of statutes or ordinances directed against false or fraudulent statements in advertisements, 89 A.L.R. 1004.
Broker's liability for fraud or misrepresentation concerning development or nondevelopment of nearby property, 71 A.L.R.4th 511.
35 C.J.S. False Pretenses § 30.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 6 - County Subdivisions › Section 47-6-19 - Road development.

A. Roads within a subdivision shall be constructed only on a schedule approved by the board of county commissioners. In approving or disapproving a subdivider's road construction schedule, the board of county commissioners shall consider:
(1) the proposed use of the subdivision;
(2) the period of time before the roads will receive substantial use;
(3) the period of time before construction of homes will commence on the portion of the subdivision serviced by the road;
(4) the county regulations governing phased development; and
(5) the needs of prospective purchasers, lessees and other persons acquiring an interest in subdivided land in viewing the land within the subdivision.
B. All proposed roads shall conform to minimum county safety standards.
C. The board of county commissioners shall not approve the grading or construction of roads unless and until the subdivider can reasonably demonstrate that the roads to be constructed will receive use and that the roads are required to provide access to parcels or improvements within twenty-four months from the date of construction of the road.
D. It is unlawful for the subdivider to grade or otherwise commence construction of roads unless the construction conforms to the schedule of road development approved by the board of county commissioners.
History:
1953 Comp., § 70-5-19, enacted by Laws 1973, ch. 348, § 19; 1981, ch. 148, § 5; 1995, ch. 212, § 20.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1996, inserted "and other persons acquiring an interest in subdivided land" in Paragraph A(5) and made minor stylistic changes.
Law reviews.
— For annual survey of New Mexico law relating to property, see 12 N.M.L. Rev. 459 (1982).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 83 Am. Jur. 2d Zoning and Planning §§ 518 to 528, 531 to 534, 564 to 567.
Constitutionality, construction, and application of statutes regulating the subdivision or development of land for sale or lease in lots or parcels, 122 A.L.R. 501.
Enforceability, by landowner, of subdivision developer's oral promise to construct or improve roads, 41 A.L.R.4th 573.
63 C.J.S. Municipal Corporations §§ 1042, 1044.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 6 - County Subdivisions › Section 47-6-20 - Public agencies required to provide counties with information.

A. Any public agency receiving a request from the board of county commissioners for an opinion and any Indian nation, tribe or pueblo that chooses to submit an opinion pursuant to Section 47-6-11 NMSA 1978 shall furnish the board with the requested opinion within the time period set forth in Subsection A of Section 47-6-22 NMSA 1978. The board of county commissioners shall furnish the appropriate public agency and Indian nation, tribe or pueblo with all relevant information that the board has received from the subdivider on the subject for which the board is seeking an opinion. If the public agency or Indian nation, tribe or pueblo does not have sufficient information upon which to base an opinion, the public agency or Indian nation, tribe or pueblo shall notify the board of this fact.
B. All opinion requests mailed by the board of county commissioners shall be by certified mail, return receipt requested. Boards of county commissioners delivering opinion requests shall obtain receipts showing the day the opinion request was received by the particular public agency or Indian nation, tribe or pueblo.
History:
1953 Comp., § 70-5-20, enacted by Laws 1973, ch. 348, § 20; 1995, ch. 212, § 21; 2009, ch. 65, § 3.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, in Subsection A, added "and any Indian nation, tribe or pueblo that chooses to submit an opinion"; and in Subsections A and B, added "and Indian nation, tribe or pueblo".
The 1995 amendment,
effective July 1, 1996, substituted "Public" for "State" in the section heading and throughout the section and substituted the language beginning "pursuant to" for "on water, water quality, liquid or solid waste disposal adequacy, terrain management or highway access shall furnish the board with the requested opinion" at the end of the first sentence in Subsection A.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 6 - County Subdivisions › Section 47-6-21 - Information reports.

In determining whether the subdivider can fulfill the requirements of the subdivision and the proposals contained in his disclosure statement, the appropriate public agency may request, through the board of county commissioners, that the subdivider submit such information as the agency may feel necessary to permit it to make that determination.
History:
1953 Comp., § 70-5-21, enacted by Laws 1973, ch. 348, § 21; 1995, ch. 212, § 22.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1996, inserted "requirements of the subdivision and the" near the beginning; deleted "and in determining whether or not the subdivision will conform with county regulations" preceding "the appropriate"; substituted "public agency" for "state agency" near the middle; and made a minor stylistic change.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 129 et seq.
73 C.J.S. Public Administrative Law and Procedure §§ 81 to 83.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 6 - County Subdivisions › Section 47-6-22 - Time limit on administrative action.

A. All opinions required of public agencies or submitted by an Indian nation, tribe or pueblo shall be furnished to the board of county commissioners within thirty days after the public agencies or Indian nation, tribe or pueblo receives the written request and accompanying information from the board of county commissioners. If the board of county commissioners does not receive a requested opinion within the thirty-day period, the board shall proceed in accordance with its own best judgment concerning the subject of the opinion request. The failure of a public agency or Indian nation, tribe or pueblo to provide an opinion when requested by the board of county commissioners does not indicate that the subdivider's provisions concerning the subject of the opinion request were acceptable or unacceptable or adequate or inadequate.
B. Final plats submitted to the board of county commissioners for approval shall be approved or disapproved at a public meeting of the board of county commissioners within thirty days of the date the final plat is deemed complete.
C. If the board of county commissioners does not act upon a final plat within the required period of time, the subdivider shall give the board of county commissioners written notice of its failure to act. If the board of county commissioners fails to approve or reject the final plat within thirty days, the board of county commissioners shall, upon demand by the subdivider, issue a certificate stating that the final plat has been approved.
History:
1953 Comp., § 70-5-22, enacted by Laws 1973, ch. 348, § 22; 1981, ch. 148, § 6; 1995, ch. 212, § 23; 2009, ch. 65, § 4.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, in Subsection A, added "or submitted by an Indian nation, tribe or pueblo" and "or Indian nation, tribe or pueblo".
The 1995 amendment,
effective July 1, 1996, rewrote the section to such an extent that a detailed comparison would be impracticable.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 129 et seq.
73 C.J.S. Public Administrative Law and Procedure § 151.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 6 - County Subdivisions › Section 47-6-23 - Right of inspection; rescission.

If the purchaser, lessee or other person acquiring an interest in the subdivided land has not inspected his parcel prior to the time of purchase, lease or other conveyance, the purchase, lease or other conveyancing agreement shall contain a provision giving the purchaser, lessee or other person acquiring an interest in the subdivided land six months within which to personally inspect his parcel. After making the personal inspection within the six-month period, the purchaser, lessee or other person acquiring an interest in the subdivided land has the right to rescind the purchase, lease or other conveyancing agreement and receive a refund of all funds paid on the transaction to the seller, lessor or other conveyor of subdivided land when merchantable title is revested in the seller, lessor or other conveyor of subdivided land. Notice of such rescission to the seller, lessor or other conveyor of subdivided land shall be made in writing and shall be given within three days of the date of personal inspection.
History:
1953 Comp., § 70-5-23, enacted by Laws 1973, ch. 348, § 23; 1995, ch. 212, § 24.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1996, rewrote the section to such an extent that a detailed comparison would be impracticable.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 17A Am. Jur. 2d Contracts §§ 565 to 605.
91 C.J.S. Vendor and Purchaser § 156.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 6 - County Subdivisions › Section 47-6-24 - Schedule of compliance.

In approving subdivision plats, the board of county commissioners may require the subdivider to set forth a schedule of compliance with county subdivision regulations that is acceptable to the board of county commissioners.
History:
1953 Comp., § 70-5-24, enacted by Laws 1973, ch. 348, § 24.
ANNOTATIONS
Law reviews.
— For note, "Definitional Loopholes Limit New Mexico Counties' Authority to Regulate Subdivisions," see 24 Nat. Res. J. 1083 (1984).
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 6 - County Subdivisions › Section 47-6-25 - Suspension of right of sale.

The board of county commissioners may suspend or revoke approval of a plat as to the unsold, unleased or otherwise unconveyed portions of a subdivider's plat if the subdivider does not meet the schedule of compliance approved by the board.
History:
1953 Comp., § 70-5-25, enacted by Laws 1973, ch. 348, § 25; 1995, ch. 212, § 26.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1996, inserted "or otherwise unconveyed".
Failure to comply with conditions of plat approval.
— The board of county commissioners had authority to revoke plat approval when the owners of the property failed to comply with the conditions of final approval for a period of eighteen years after final approval.
Miller v. Board of Cnty. Comm'rs
, 2008-NMCA-124, 144 N.M. 841, 192 P.3d 1218, cert. denied, 2008-NMCERT-008, 145 N.M. 254, 195 P.3d 1266.
Effect of noncompliance with plat approval prerequisites.
— Where the subdivider fails to meet the conditions he agreed to accomplish and which were required by the county as a prerequisite to plat approval, suspension or revocation of plat approval remain realities for the developer until the subdivider complies with the reasonable conditions imposed by the county within its authority.
Parker v. Bd. of Cnty. Comm'rs
, 1979-NMSC-101, 93 N.M. 641, 603 P.2d 1098.
Law reviews.
— For note, "State Securities Law: A Valuable Tool for Regulating Investment Land Sales," see 7 N.M.L. Rev. 265 (1977).
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 6 - County Subdivisions › Section 47-6-27 - Criminal penalties.

A. Any person who knowingly, intentionally or willfully commits a material violation of the New Mexico Subdivision Act is guilty of a misdemeanor, punishable by a fine of not more than ten thousand dollars ($10,000) per violation, or by imprisonment for not more than one year, or both.
B. Any person who is convicted of a second or subsequent knowing, intentional or willful violation of the New Mexico Subdivision Act is guilty of a fourth degree felony, punishable by a fine of not more than twenty-five thousand dollars ($25,000) per violation or by imprisonment for not more than eighteen months, or both.
History:
1953 Comp., § 70-5-27, enacted by Laws 1973, ch. 348, § 27; 1981, ch. 148, § 8; 1995, ch. 212, § 29.
ANNOTATIONS
Bracketed material.
— The bracketed words "this article" In Subsection A were added by the compiler and are not part of the law.
The 1995 amendment,
effective July 1, 1996, rewrote the section to such an extent that a detailed comparison would be impracticable.
Law reviews.
— For note, "State Securities Law: A Valuable Tool for Regulating Investment Land Sales," see 7 N.M.L. Rev. 265 (1977).
For annual survey of New Mexico law relating to property, see 12 N.M.L. Rev. 459 (1982).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 83 Am. Jur. 2d Zoning and Planning §§ 1099 to 1104.
36A C.J.S. Fines § 2.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 6 - County Subdivisions › Section 47-6-27.1 - Private remedies.

A. Any sale, lease or other conveyance of land within a subdivision subject to the New Mexico Subdivision Act, which subdivision has not been approved by the board of county commissioners, shall be voidable at the option of the purchaser, lessee or other person acquiring an interest in the subdivided land. The purchaser, lessee or other person acquiring an interest in the subdivided land may recover restitution of all money, property or other things paid to or received by the seller, lessor or other conveyor of the subdivided land. The action shall be brought within six years from the time of purchase, lease or other conveyance, in accordance with Section 37-1-3 NMSA 1978.
B. Any purchaser, lessee or other person acquiring an interest in the subdivided land who suffers any loss of money or property, real or personal, as a result of any violation of the New Mexico Subdivision Act or any county subdivision regulation may bring an action to recover actual damages. The action shall be brought within six years from the time of purchase, lease or other conveyance, in accordance with Section 37-1-3 NMSA 1978.
C. Any purchaser, lessee or other person acquiring an interest in the subdivided land who has purchased, leased or otherwise acquired an interest in land within an approved subdivision may bring an action in district court to compel specific performance of any proposed improvement set forth in a subdivider's disclosure statement or in any document obligating the person signing the document to purchase, lease or otherwise acquire an interest in subdivided land or set forth in any advertising or promotional materials relating to the subdivided land. The action shall be brought within six years from the time of purchase, lease or other conveyance, in accordance with Section 37-1-3 NMSA 1978.
D. Costs shall be allowed to the prevailing party unless the court otherwise directs. The court, in its discretion, may award reasonable attorneys' fees to the prevailing party.
E. The remedies provided in this section are in addition to remedies otherwise available under common law or other statutes of this state.
F. This section shall apply to all purchases, leases or other conveyances of subdivided land in approved or unapproved subdivisions that occur after the effective date of this section.
History:
1978 Comp., § 47-6-27.1, enacted by Laws 1981, ch. 148, § 9; 1995, ch. 212, § 30.
ANNOTATIONS
Bracketed material.
— The bracketed words "this article" In Subsection A were added by the compiler and are not part of the law.
The 1995 amendment,
effective July 1, 1996, rewrote the section to such an extent that a detailed comparison would be impracticable.
Law reviews.
— For annual survey of New Mexico law relating to property, see 12 N.M.L. Rev. 459 (1982).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Enforceability, by landowner, of subdivision developer's oral promise to construct or improve roads, 41 A.L.R.4th 573.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 6 - County Subdivisions › Section 47-6-27.2 - Approval necessary for utility connection.

Any water, sewer, electric or gas utility that connects service to individual parcels within a subdivision, before a final plat for the subdivision has been approved by the board of county commissioners or before the landowner holds a valid building permit, may be fined a civil penalty of up to five hundred dollars ($500) by the board of county commissioners. The board of county commissioners may also require any utility connected in violation of this section to be disconnected.
History:
Laws 1995, ch. 212, § 25.
ANNOTATIONS
Effective dates.
— Laws 1995, ch. 212, § 34 made Laws 1995, ch. 212, § 25 effective July 1, 1996.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 6 - County Subdivisions › Section 47-6-29 - Jurisdiction.

Nothing in the New Mexico Subdivision Act shall be construed as limiting the municipal extraterritorial subdivision and platting jurisdiction provided for in Sections 3-20-1 through 3-20-15 NMSA 1978.
History:
1953 Comp., § 70-5-29, enacted by Laws 1973, ch. 348, § 41; 1979, ch. 172, § 4; 1995, ch. 212, § 31.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1996, deleted "as presently enforced or as hereafter amended" following "New Mexico Subdivision Act".
Severability.
— Laws 1995, ch. 212, § 33 provides for the severability of the act if any part or application thereof is held invalid.
Temporary provisions.
— Laws 1973, ch. 348, § 29A, provided that the New Mexico Subdivision Act applies to subdivision approved after the act's effective date when approval occurs in a county with regulations adopted pursuant to the act. Subsection B provides that 47-6-18 NMSA 1978 applies to sales and leases of subdivided land commencing six months after the act's effective date.
Effect of this section
is that a plat of a proposed subdivision in an area within a municipality's extraterritorial subdivision and platting jurisdiction must be approved by both the appropriate municipal authority and the appropriate county authority. 1973 Op. Att'y Gen. No. 73-68.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-1 - Short title.

This act [47-7-1 to 47-7-25, 47-7-26 to 47-7-28 NMSA 1978] may be cited as the "Building Unit Ownership Act."
History:
1953 Comp., § 70-4-1, enacted by Laws 1963, ch. 221, § 1; 1975, ch. 318, § 1.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-3 - Application of act.

The Building Unit Ownership Act shall apply to property, the sole owner or all of the owners of which submit it to the provisions of the act by duly executing and recording a declaration.
History:
1953 Comp., § 70-4-3, enacted by Laws 1963, ch. 221, § 3; 1975, ch. 318, § 3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 10.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-4 - Status of the units.

Each unit together with its undivided interest in the common areas and facilities, shall constitute real property.
History:
1953 Comp., § 70-4-4, enacted by Laws 1963, ch. 221, § 4; 1975, ch. 318, § 4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 18, 19, 38.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-5 - Ownership of units.

Each unit owner shall be entitled to sole ownership and possession of his unit.
History:
1953 Comp., § 70-4-5, enacted by Laws 1963, ch. 221, § 5; 1975, ch. 318, § 5.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 8 to 11.
Regulation of time-share or interval ownership interests in real estate, 6 A.L.R.4th 1288.
Standing to bring action relating to real property of condominium, 74 A.L.R.4th 165.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-6 - Common areas and facilities.

A. Each unit owner shall be entitled to an undivided interest in the common areas and facilities in the percentage established by the declaration. The percentage shall be computed by taking as a basis the value of the particular unit in relation to the value of the whole property.
B. The percentage of the undivided interest of each unit owner in the common areas and facilities as established by the declaration shall be permanent and shall not be altered without the consent of all of the unit owners expressed in an amended declaration duly recorded. The percentage of the undivided interest in the common areas and facilities shall not be separated from the unit to which it is appurtenant and shall be deemed to be conveyed or encumbered with the unit even though the interest is not expressly mentioned or described in a conveyance or other instrument.
C. The common areas and facilities shall remain undivided, and no unit owner or any other person shall bring any action for partition or division, unless the property has been removed from the provisions of the Building Unit Ownership Act as provided in Sections 47-7-17 and 47-7-27 NMSA 1978. Any covenant to the contrary is unenforceable.
D. Each unit owner may use the common areas and facilities, in accordance with the purpose for which they were intended, without hindering or encroaching upon the lawful rights of the other unit owners.
E. The necessary work of maintenance, repair and replacement of the common areas and facilities and the making of any additions or improvements thereto shall be carried out only as provided in the Building Unit Ownership Act and in the bylaws.
F. The association of unit owners shall have the irrevocable right, exercisable by the manager or board of directors, of access to each unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any of the common areas and facilities therein or accessible therefrom, and for making emergency repairs necessary to prevent damage to the common areas and facilities or to another unit.
History:
1953 Comp., § 70-4-6, enacted by Laws 1963, ch. 221, § 6; 1975, ch. 318, § 6.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 9.
Validity and construction of condominium association's regulations governing members' use of common facilities, 72 A.L.R.3d 308.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-7 - Compliance with covenants; bylaws; administrative provisions.

Each unit owner shall comply strictly with the bylaws and with the administrative rules and regulations adopted pursuant thereto and shall comply with the covenants, conditions and restrictions set forth in the declaration or in the deed to his unit. Failure to comply shall be grounds for an action to recover sums due, for damages or injunctive relief, or both, maintainable by the manager or board of directors for the use of the association of unit owners or maintainable in a proper case by an aggrieved unit owner.
History:
1953 Comp., § 70-4-7, enacted by Laws 1963, ch. 221, § 7; 1975, ch. 318, § 7.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 9, 39.
Validity and construction of condominium association's regulations governing members' use of common facilities, 72 A.L.R.3d 308.
Use of property for multiple dwellings as violating restrictive covenant permitting property to be used for residential purposes only, 99 A.L.R.3d 985.
Enforceability of bylaw or other rule of condominium or cooperative association restricting occupancy by children, 100 A.L.R.3d 241.
Validity and construction of regulations of governing body of condominium or cooperative apartment pertaining to parking, 60 A.L.R.5th 647.
Change in character of neighborhood as affecting validity or enforceability of restrictive covenant, 76 A.L.R.5th 337.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-8 - Certain work prohibited.

No unit owner shall undertake any work which would jeopardize the soundness or safety of the property, reduce the value or impair an easement or hereditament without the unanimous consent of all the other unit owners. Structural alterations shall not be made by a unit owner to the building or in the water, gas or steam pipes, electric conduits, plumbing or other fixtures connected therewith; nor shall a unit owner remove any additions, improvements or fixtures from the building without the written consent of the board of directors.
History:
1953 Comp., § 70-4-8, enacted by Laws 1963, ch. 221, § 8; 1975, ch. 318, § 8.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 18.
31 C.J.S. Estates § 153 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-9 - Liens against units; removal from lien; effect of part payment.

A. Subsequent to recording the declaration as provided in the Building Unit Ownership Act, and while the property remains subject to the act, no lien shall arise or be effective against the property. During the period, liens or encumbrances shall only arise or be created against each unit and the percentage of undivided interest in the common areas and facilities, appurtenant to the unit, in the same manner and under the same conditions as liens and encumbrances may arise or be created upon any other parcel of real property subject to individual ownership; provided, however, that no labor performed or materials furnished, with the consent or at the request of a unit owner or his agent or his contractor or subcontractor, shall be the basis for the filing of a lien pursuant to law against the unit or other property of another unit owner not expressly consenting to or requesting the same; except that express consent shall be deemed to be given by the owner of any unit in the case of emergency repairs. Labor performed or materials furnished for the common areas and facilities, if duly authorized by the association of unit owners, the manager or board of directors in accordance with the Building Unit Ownership Act, the declaration or bylaws, shall be deemed to be performed or furnished with the express consent of each unit owner and shall be the basis for the filing of a lien pursuant to law against each of the units.
B. In the event a lien is effected against two or more units, the unit owners of the separate units may remove their unit and the percentage of undivided interest in the common areas and facilities appurtenant to the unit from the lien by payment of the fractional or proportional amount attributable to each of the units affected. Individual payment shall be computed by reference to the percentages established by the declaration. Subsequent to payment, discharge or other satisfaction, the unit and the percentage of undivided interest in the appurtenant common areas and facilities shall be released from the lien paid, satisfied or discharged. Partial payment, satisfaction or discharge shall not prevent the lienor from proceeding to enforce his rights against any unit and the percentage of undivided interest in the appurtenant common areas and facilities not released or discharged.
History:
1953 Comp., § 70-4-9, enacted by Laws 1963, ch. 221, § 9; 1975, ch. 318, § 9.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 9, 45 to 47.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 7 - Building Unit Ownership › Section 47-7-10 - Common profits and expenses.

The common profits of the property shall be distributed among, and the common expenses shall be charged to, each unit owner according to the percentage of his undivided interest in the common areas and facilities.
History:
1953 Comp., § 70-4-10, enacted by Laws 1963, ch. 221, § 10; 1975, ch. 318, § 10.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 35, 36.
Expenses for which condominium association may assess unit owners, 77 A.L.R.3d 1290.
31 C.J.S. Estates § 153 et seq.