SENATE JOINT RESOLUTION 9

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Cynthia Nava

A JOINT RESOLUTION

GRANTING PRIOR APPROVAL TO THE PROPERTY CONTROL DIVISION OF THE GENERAL SERVICES DEPARTMENT TO EXCHANGE STATE-OWNED LAND FOR PRIVATE LAND ADJACENT TO THE FEDERAL BORDER CROSSING FACILITY AT SANTA TERESA IN DONA ANA COUNTY.

     WHEREAS, Section 13-6-3 NMSA 1978 requires ratification and approval of any sale, trade or lease for a period exceeding twenty-five years of state property if the sale, trade or lease is for consideration of one hundred thousand dollars ($100,000) or more; and

     WHEREAS, Laws 1998, Chapter 7, Section 32 appropriated nine hundred thousand dollars ($900,000) to "make site improvements and purchase and erect a modular office building and equip a port-of-entry facility near Santa Teresa" on approximately twelve and five hundred twenty-seven thousandths acres of land donated to the state in October 2000, which is located approximately one-half mile north of the Santa Teresa federal border crossing facility in Dona Ana county; and

     WHEREAS, the state-owned land improvements include paved access from Booth road to the Pete Dominici highway, with a paved curb-and-gutter parking lot to accommodate approximately fifty semi-trucks; connection to the local water system; a septic system and leach field; and electric power with a one hundred KVA transformer; and

     WHEREAS, a modular office building of approximately one thousand four hundred forty gross square feet, provided by the federal motor carrier safety administration, is located on the property, has an Americans with Disabilities Act of 1990- compliant entry ramp and is wired for telephone and data, which may be donated to the state when a new permanent facility is completed; and

     WHEREAS, inspections conducted at the federal port of entry include compliance with federal requirements for customs, immigration, agriculture and homeland security, but do not include vehicle safety inspection; and

     WHEREAS, the state conducts vehicle safety inspections at the state port of entry, issues permits and collects fees and other revenue owed to the state by commercial vehicles; and

     WHEREAS, Booth road, which connects the federal and state ports of entry, intersects with Cattlemen's drive (recently renamed "Bi-national avenue") and therefore can be used by vehicles to circumvent the state port of entry vehicle safety inspection, permits and fees collection; and

     WHEREAS, proposed development will include another opportunity for uninspected vehicles to circumvent the state port of entry; and

     WHEREAS, the permanent state port of entry requires approximately twenty acres; and

     WHEREAS, a private owner owns approximately eighteen and eight hundred fifty thousandths acres of undeveloped land immediately adjacent to the federal border crossing facility intersected by Cattlemen's drive; and

     WHEREAS, Dona Ana county owns Cattlemen's drive, and approximately one and nineteen hundredths acres of that road will be required for the new port-of-entry project; and

     WHEREAS, relocating the state port of entry adjacent to the federal port of entry removes the possibility of vehicles avoiding safety inspections, permits, fees and taxes; and

     WHEREAS, the private owner is willing to trade the parcel adjacent to the federal facility for the site of the current state port of entry;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the trade of the state-owned land currently used as a state port of entry in Dona Ana county, described as a certain parcel of land containing twelve and five hundred twenty-seven thousandths acres more or less, situated within Section 7, Township 29S, Range 3E, New Mexico Principal Meridian, Dona Ana county, New Mexico, and more particularly described in a survey dated and recorded with the Dona Ana county clerk on January 21, 2001 in book 249, pages 1350 to 1352, in exchange for private land adjacent to the federal port of entry facility be ratified and approved pursuant to the provisions of Section 13-6-3 NMSA 1978; and

     BE IT FURTHER RESOLVED that the trade is contingent on Dona Ana county transferring title to the property control division of the general services department that portion of Cattlemen's drive that intersects the proposed port of entry site; and

     BE IT FURTHER RESOLVED that both parcels shall be appraised by one appraiser that is mutually agreeable to the property control division of the general services department, the private owner and the property tax division of the taxation and revenue department; and

     BE IT FURTHER RESOLVED that the appraisal of both parcels shall be reviewed and validated by the property tax division of the taxation and revenue department; and

     BE IT FURTHER RESOLVED that the appraised value of the state-owned property shall not be more than the appraised value of the private property unless the owner of the private property pays to the state the difference between the value of the parcels to be exchanged; and

     BE IT FURTHER RESOLVED that copies of this resolution be transmitted to the property control division of the general services department, the border authority, the property tax division of the taxation and revenue department and the private landowner.

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