SENATE JOINT RESOLUTION 13

45th legislature - STATE OF NEW MEXICO - second session, 2002

INTRODUCED BY

Don Kidd







A JOINT RESOLUTION

PROPOSING THE SALE OF REAL PROPERTY LOCATED IN EDDY COUNTY BY THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT.



WHEREAS, New Mexico law, as provided in Section 13-6-3 NMSA 1978, requires ratification and approval by the legislature of the sale of real property belonging to a state agency if the sale shall be for a consideration of one hundred thousand dollars ($100,000) or more; and

WHEREAS, the energy, minerals and natural resources department is a state agency and owns a piece of property in Eddy county; and

WHEREAS, the state park and recreation commission purchased the property in 1972 in order to create a state park; and

WHEREAS, since its purchase in 1972 the property has not been used for a state park; and

WHEREAS, it appears that the property will not be used for a state park because in the nearly thirty years since its purchase there has been no funding for development or operation of the property; and

WHEREAS, the property does not contain a diversity of

resources and would not provide recreational opportunities significant enough to assure patronage from the region or the state as a whole; and

WHEREAS, the property does not conform to the state comprehensive outdoor recreation plan and therefore does not fit the criteria for development as a state park pursuant to Section 16-2-11 NMSA 1978; and

WHEREAS, the energy, minerals and natural resources department estimates the value of the property to be in excess of one hundred thousand dollars ($100,000); and

WHEREAS, the property is legally described as Township 16 South, Range 25 East, N.M.P.M., Section 2: W1/2SW1/4 (save and except that certain tract described in Deed Book 51 at page 479 of the records of Eddy county, New Mexico, and described as follows: beginning 238 feet west of the southeast corner of the SW1/4SW1/4, thence at right angle north 144 feet, thence west 262 feet, thence south 150 feet, thence east 262 feet to the point of beginning), SE1/4SW1/4 and SW1/4SE1/4

Section 3: Lots 12, 13, 14, 15 and 16, SW1/4 and SE1/4

Section 4: Lots 9, 10, 11, 14, 15 and 16, E1/2SE1/4 in Eddy county, New Mexico;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the energy, minerals and natural resources department shall obtain an appraisal of the property; and

BE IT FURTHER RESOLVED that the energy, minerals and natural resources department shall sell the property at fair market value; and

BE IT FURTHER RESOLVED that the proposed sale of property at fair market value, subject to review and approval by the state board of finance, be ratified and approved pursuant to the provisions of Section 13-6-3 NMSA 1978; and

BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the secretary of energy, minerals and natural resources.

- 3 -