New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 23 - REAL PROPERTY ACQUISITIONS, SALES, TRADES, OR LEASES › Section 1.5.23.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Section
				13-6-2.1
				NMSA 1978 provides generally, with certain exceptions, that any state agency,
				local public body, or school district that sells, trades or leases real
				property belonging to that public entity requires state board of finance
				approval prior to the effective date of such sale, trade or lease. Section
				16-6-15, NMSA
				1978, makes Section
				13-6-2.1
				expressly applicable to the state fair.
B. Sections
				15-3B-8 NMSA
				1978 provide that the property control division is authorized to acquire land
				by purchase, gift or donation subject to prior approval by the state board of
				finance.
C. Section 15-3B-7(B) NMSA
				1978 provides that the property control division, subject to the approval of
				the state board of finance and after following the bidding procedures required
				by the Procurement Code for the purchase of personal tangible property, is
				authorized to enter into long-term leases not exceeding ten years of vacant
				lands when the lessor contracts with the state to construct and complete
				buildings, subject to approval of the state architect, as a condition precedent
				to the start of the rental term.
D.
				Section
				17-1-22.1
				NMSA 1978 provides that the state game commission, upon approval from the state
				board of finance, may transfer money from the game and fish bond retirement
				fund to the game and fish capital outlay fund. Money in the game and fish
				capital outlay fund may be expended for fish hatcheries and rearing facilities,
				habitat acquisition, development and improvements and other similar capital
				projects. All projects funded by the game and fish capital outlay fund shall be
				approved by the state board of finance.
E. Section 3-46-34(B) NMSA 1978 provides that
				a municipality may dispose of real property in an urban renewal or land
				development area to private persons only under reasonably competitive bidding
				procedures as it shall prescribe or as provided in this subsection. The
				municipality may accept any proposal it deems to be in the best interest and in
				furtherance of the purposes of the urban renewal law; provided, that a
				notification of intention to accept the proposal shall be filed with the
				governing body not less than thirty days prior to any acceptance. Thereafter,
				the municipality may execute a contract in accordance with the provisions of
				the urban renewal law, and deliver deeds, leases and other instruments and take
				all steps necessary to effectuate the contract; provided that if the
				municipality accepts other than the highest bid, the acceptance must be
				approved by the state board of finance before the municipality may
				proceed.
F. Section 16-2-11(J) NMSA
				1978 provides that any acquisition of lands adjacent or contiguous to existing
				state parks or recreational areas or necessary for successful park or
				recreational area protection and development and will become part of the park
				or recreational area may be acquired by the state following consultation with
				local government entities on the acquisition and approval of the acquisition by
				the state board of finance, and funds for acquisition is available to state
				parks division or land is being donated to the division.