HOUSE BILL 549

45th legislature - STATE OF NEW MEXICO - first session, 2001

INTRODUCED BY

Robert M. Burpo







AN ACT

RELATING TO MUNICIPAL ANNEXATION; REQUIRING AGREEMENT OF A MAJORITY OF A TERRITORY'S RESIDENTS BEFORE THE MUNICIPAL BOUNDARY COMMISSION MAY ORDER ANNEXATION OF THE TERRITORY.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 3-7-15 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-7-15) is amended to read:

"3-7-15. DUTIES OF THE MUNICIPAL BOUNDARY COMMISSION--AUTHORITY OF COMMISSION TO ANNEX--ORDER IS FINAL--REVIEW BY CERTIORARI.--

A. At the public hearing held for the purpose of determining if the territory proposed to be annexed to the municipality shall be annexed to the municipality, the municipal boundary commission shall determine if the territory proposed to be annexed:

(1) is contiguous to the municipality; [and]

(2) may be provided with municipal services by the municipality to which the territory is proposed to be annexed; and

(3) has a majority of residents in the territory that favors annexation.

B. If the municipal boundary commission determines that the conditions set forth in this section are met, the commission [shall] may order annexed to the municipality the territory petitioned to be annexed to the municipality.

C. If the municipal boundary commission determines that only a portion of the territory petitioned to be annexed meets the conditions set forth in this section, the commission may order annexed to the municipality that portion of territory which meets the conditions set forth in this section.

D. If the municipal boundary commission determines that the conditions set forth in this section are not met, the commission shall not order the annexation to the municipality of the territory petitioned to be annexed.

E. Any order of the municipal boundary commission shall be final unless any owner of land within the territory proposed to be annexed, within thirty days after the filing of the final order in the office of the county clerk and the office of the municipal clerk, obtains review of the order by the district court."

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