HOUSE BILL 285
54th legislature - STATE OF NEW MEXICO - second session, 2020
William "Bill" R. Rehm
RELATING TO LAND USE; REQUIRING NOTICE TO AND APPROVAL OF ADJOINING PROPERTY OWNERS FOR CERTAIN REZONING PROPOSALS; REQUIRING PAYMENT IN THE EVENT OF NON-APPROVAL BY ADJOINING PROPERTY OWNERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 3, Article 21 NMSA 1978 is enacted to read:
"[NEW MATERIAL] LAND USE--REZONING OF RESIDENTIAL LAND--APPROVAL OF ADJOINING PROPERTY OWNERS--PAYMENTS TO ADJOINING PROPERTY OWNERS.--
A. A person other than a county or municipal zoning authority or a special zoning district who proposes to change the zoning classification of real property from a residential classification to a nonresidential classification such as a commercial or industrial classification shall seek the consent of all adjoining property owners.
B. If adjoining property owners do not consent to a proposed zoning change as set forth in Subsection A of this section, approval of a zoning change to a nonresidential classification by a county or municipal zoning authority or a special zoning district shall be contingent upon the payment by the person other than a county or municipal zoning authority or a special zoning district requesting the zoning change to each nonconsenting adjoining residentially zoned property owner of a sum equal to one-half of the fair market value of adjoining parcels of real property owned by the nonconsenting property owner.
C. As used in this section, "adjoining property owners" means owners of parcels of real property located within one thousand five hundred feet of any portion of residentially zoned land that is proposed for a zoning change as set forth in Subsection A of this section."
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