0001|                           HOUSE BILL 1080
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                         ROBERTO J. GONZALES
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO COMMUNITY LAND GRANTS; ENACTING SECTIONS OF THE
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0012|     NMSA 1978 TO ENLARGE THE POWERS OF THE BOARD OF TRUSTEES OF
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0013|     COMMUNITY LAND GRANTS TO PERMIT ZONING AND IMPOSITION OF
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0014|     NEGATIVE EASEMENTS AND TO AUTHORIZE THE LEVY AND COLLECTION OF
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0015|     PROPERTY TAXES ON THE NET TAXABLE VALUE OF PROPERTY WITHIN THE
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0016|     LAND GRANT; PROHIBITING CLAIM OF TITLE TO LANDS WITHIN THE
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0017|     GRANT BY ADVERSE POSSESSION; PROVIDING FOR NONFORFEITURE OF
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0018|     WATER RIGHTS BY PRESCRIPTION OR FOR NONUSE.
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0019|     
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0020|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0021|          Section 1.  COMMUNITY LAND GRANTS--TRUSTEES--ADDITIONAL
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0022|     POWERS.--In addition to the powers conferred on the board of
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0023|     trustees of a community land grant under the provisions of
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0024|     Section 49-1-3 NMSA 1978, the board shall have the following
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0025|     general powers over lands held in common:
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0001|               A.  to have, for the purpose of promoting health,
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0002|     safety or the general welfare, all the powers of a zoning
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0003|     authority and the board may regulate and restrict within the
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0004|     grant the:
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0005|                    (1)  height, number of stories and size of
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0006|     buildings and other structures;
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0007|                    (2)  percentage of a tract of land that may be
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0008|     occupied;
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0009|                    (3)  size of yards, courts or other open space;
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0010|                    (4)  density of population; and
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0011|                    (5)  location and use of buildings, structures
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0012|     and land for trade, industry, residence and other purposes; 
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0013|               B.  to impose negative easements on lands held in
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0014|     common within the exterior boundaries of the community land
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0015|     grant that the board deems beneficial to the lands held in
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0016|     common; and
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0017|               C.  to levy and collect property taxes on and
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0018|     against the net taxable value of all property within the
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0019|     community land grant.
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0020|          Section 2.  CERTAIN ADVERSE CLAIMS PROHIBITED.--Hereafter,
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0021|     descendents of the original owners and proprietors of a
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0022|     community land grant cannot claim title to community land grant
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0023|     property by adverse possession.
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0024|          Section 3.  WATER RIGHTS--NONFORFEITURE.--The rights of
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0025|     any community land grant subject to regulation under the
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0001|     provisions of Chapter 49 NMSA 1978 or the use thereof, shall
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0002|     not be lost by the community land grant by prescription or for
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0003|     nonuse of the waters.
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0004|                              
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