2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 33 - Improvement Districts › Section 3-33-2 - Improvement district; definitions.

As used in Chapter 3, Article 33 NMSA 1978:
A. "adjustment of assessment" means the adjustment in the estimated maximum benefit or assessment resulting from the division of the property to be assessed or assessed into smaller tracts or parcels or the combining of smaller parcels into one or more larger parcels or the changing of the configuration or legal description of such parcels. "Adjustment of assessment" may also include the reallocation of the assessment lien, without loss of priority, among parcels under single ownership that are subject to the assessment lien in order to permit the removal of the lien from one or more parcels where adequate security for the lien is demonstrated by the assessed parcels under such single ownership or provided by the owner;
B. "construct" or "construction" means to plan, design, engineer, construct, reconstruct, install, extend, better, alter, build, rebuild, improve, purchase or otherwise acquire any project authorized in Sections 3-33-3, 3-33-4, 3-33-4.1 and 3-33-6 NMSA 1978, except that it shall not include "to acquire" for the purposes of projects authorized in Section 3-33-6 NMSA 1978;
C. "engineer" means any person who is a professional engineer licensed to practice in New Mexico and who is a permanent employee of the municipality or employed in connection with an improvement by the municipality or by a property owner subject to the improvement district property tax imposed by Section 3-33-14.1 NMSA 1978;
D. "improvement" means any one or any combination of projects in one or more locations authorized in Sections 3-33-3, 3-33-4, 3-33-4.1 and 3-33-6 NMSA 1978;
E. "improvement district" means one or more streets or one or more public grounds or one or more locations wherein the improvement is to be constructed and one or more tracts or parcels of land to be assessed or upon which an improvement district property tax will be imposed to pay for the cost of the improvement; and
F. "premature subdivision" means a subdivision that has been platted and sold into multiple private ownership prior to installation or financial guarantee of all required improvements for land development. Such subdivisions contain one or more developmental inadequacies under current local government standards and requirements, such as, but not limited to:
(1) inadequate street right of way or street access control;
(2) a lack of drainage easements of right of way;
(3) a lack of adequate park, recreation or open space area;
(4) a lack of an overall grading and drainage plan; or
(5) a lack of adequate subdivision grading both on and off the public right of way.
History:
1953 Comp., § 14-32-2, enacted by Laws 1965, ch. 300; 1967, ch. 217, § 1; 1975, ch. 81, § 1; 1987, ch. 47, § 1; 1991, ch. 17, § 1; 1991, ch. 199, § 2; 2001, ch. 312, § 2.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, substituted "3-33-4.1" for "3-33-4A" in Subsection B; deleted "by the municipality" preceding "in connection with an improvement" and added the remaining language after the latter phrase in Subsection C; inserted "or upon which an improvement district property tax will be imposed to pay" and the final "and" in Subsection E; in Subsection F, deleted "of the following" preceding "developmental inadequacies", added "such as, but not limited to" and substituted "or" for "and" at the end of Paragraph (4).
The 1991 amendment,
effective April 4, 1991, added Subsection A and Subsection F; redesignated former Subsections A to D as Subsections B to E; inserted an additional section reference in Subsections B and D; inserted "or one or more locations" in Subsection E; and made a related stylistic change