HOUSE BILL 605

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Rebecca Dow and John Arthur Smith

AN ACT

RELATING TO MUNICIPALITIES; PROVIDING FOR MUNICIPAL DEANNEXATION OF TERRITORY BY ORDINANCE; MAINTAINING CERTAIN LIABILITIES.

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

     SECTION 1. A new section of the Municipal Code is enacted to read:

     "[NEW MATERIAL] DEANNEXATION OF TERRITORY--ELIGIBLE MUNICIPALITIES.--The governing body of a municipality may deannex territory located within and contiguous to an exterior municipal boundary of the municipality; provided that:

          A. the municipality has a population between six thousand and seven thousand according to the most recent federal decennial census;

          B. the municipality is located within a class B county; and

          C. the deannexation process complies with Sections 1 through 4 of this 2019 act."  

     SECTION 2. A new section of the Municipal Code is enacted to read:

     "[NEW MATERIAL] DEANNEXATION OF TERRITORY--PETITION--ORDINANCE.--

          A. The governing body of an eligible municipality shall by ordinance express its consent or rejection to the deannexation of territory; provided that the governing body is presented a valid petition. To be valid, a petition must:

                (1) include a clear statement of intent to seek the deannexation of the territory that is located within and contiguous to an exterior municipal boundary;

                (2) include a signature by the owner of the land;

                (3) include a map that shows:

                     (a) the boundaries of the territory proposed to be deannexed and the relationship of the territory proposed to be deannexed to the proposed boundary of the municipality after deannexation; and

                     (b) any federal, state or county highways located within the territory; and

                (4) be presented to the governing body of the eligible municipality.

          B. The governing body of an eligible municipality shall register its consent to the deannexation of territory by ordinance; provided that a copy of the ordinance, with a copy of the plat of the territory to be deannexed and the petition, shall be filed in the office of the county clerk. After the filing, the territory shall be considered deannexed. The clerk of the municipality shall also send copies of the ordinance deannexing the territory and of the plat of the territory to the secretary of finance and administration and to the secretary of taxation and revenue."

     SECTION 3. A new section of the Municipal Code is enacted to read:

     "[NEW MATERIAL] DEANNEXATION OF TERRITORY--LIABILITIES.-- The owner of the deannexed territory shall remain liable for any taxes assessed by the deannexing municipality during the time that the territory was located within the boundaries of the municipality."

     SECTION 4. A new section of the Municipal Code is enacted to read:

     "[NEW MATERIAL] DEANNEXATION OF TERRITORY--FEDERAL PROPERTY.--Nothing in Sections 1 through 3 of this 2019 act shall be construed to permit the deannexation of territory owned by the government of the United States or its instrumentalities."

     SECTION 5. APPLICABILITY.--The provisions of this act apply to territory within an eligible municipality that is the product of an annexation that was completed prior to January 1, 2019.

     SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

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