Chapter 4 — Chapter 4

The cost of transcribing such records shall be paid by the new county so created and the board of county commissioners of such county are [is] hereby empowered and directed to provide for such transcribing of records, either by contract let to some competent and responsible perso…

Upon the completion of the transcription of any such record in the manner provided in the two preceeding [preceding] sections [4-33-12, 4-33-13 NMSA 1978] and the delivery thereof to any such new county, the same shall be taken and deemed in law the equivalent of such original re…

Whenever any county created prior to March 16, 1899 has already caused records affecting the property therein to be made from the records of the county or counties, from which the same was created and certified to be such transcription by the county clerk making the same; such tr…

payments.] The account of such county clerk shall be presented to the board of county commissioners of the new county, said account to be itemized and verified, showing his expenses and services for such work, which shall consist of money, if any, actually expended by him for boo…

challenge. If there are no qualified electors residing within the portion of a county proposed to be annexed by another county, resolutions shall be passed by the county commissions of both affected counties approving a transfer of territory from one county to the other. The reso…

A petition executed by at least fifty-one percent (51%) of the qualified electors residing within the portion of the county proposed to be annexed shall be filed with the county commissioners of the county in which such portion is located. Such petition shall set forth the facts …

Immediately upon the filing of a petition under Section 4-33-2 NMSA 1978, it shall be the duty of the board of county commissioners with which the petition is filed to cause a notice to be published in some newspaper of general circulation in each county affected. Within thirty d…

At such election held hereunder there shall be three election judges named by the county commissioners. Ballots shall be printed and furnished by the county commissioners, which ballots shall read as follows: "Shall the area described in the petition filed with the county commiss…

The ballots cast shall be counted by the election officials and the results thereof certified to the county commissioners. Within three days after the election held as herein provided, the county commissioners shall meet and canvass the votes cast and if a majority of those votin…

Immediately upon canvassing the results of the election held pursuant to Chapter 4, Article 33 NMSA 1978, the board of county commissioners shall cause a certified copy of its certificate of election to be published in a newspaper of general circulation in both counties and shall…

indebtedness.] If the proposition carries, the area described in the petition shall be and become a part of the county to which annexation was made on January 1 of the next odd- numbered year. Provided that whenever there shall be any outstanding indebtedness of the county or sch…

of existing county; taxation by new county.] Whenever a part of the territory embraced within the limits of any county of this state having outstanding indebtedness, bonded or otherwise, is taken to form a new county or to add to the area of a county already in existence, nothing…

All moneys collected by the collector of such new county or of the county to which said territory has been added pursuant to the levy and assessment provided for in Section 4-33-8 NMSA 1978 shall be paid to the treasurer and collector of the county from which territory was taken,…

certain cases; deeds to property for buildings; prohibited removals; limitation on elections.] Whenever the citizens of any county in this state shall present a petition to the board of county commissioners signed by qualified electors of said county equal in number to at least o…

In case of a removal of the county seat as provided by law and the issue of bonds by any county for the purpose of constructing county buildings, it shall be the duty of the county commissioners of such county to cause to be levied and collected at the time and in the manner of l…

The county commissioners shall cause a certified copy of such order to be published in some newspaper of general circulation published in said county for four consecutive weeks immediately prior to such election, and by handbills posted up at three of the most public places in ea…

Should a majority of the votes at such election be cast in favor of the place named in the petition, the county seat shall be removed to that place, and it shall be the duty of the board of county commissioners, as soon as the citizens of that place have delivered the deed and pa…

misdemeanor; penalty.] So soon as convenient buildings can be had at such new county seat the courts for said county shall be held therein, and so soon as the new courthouse and jail shall have been completed, the county commissioners shall cause all the county records, county of…

actions and proceedings.] When a new county seat shall have been established in accordance with this article the county commissioners shall cause due notice thereof to be published in some newspaper of general circulation published in said county for four consecutive weeks, and a…

Hereafter when the county seat of any county in this state shall be established at any incorporated city and the council of such city shall desire to join with said county in the erection of a public building to be used as a courthouse and jail, as well as for city purposes, such…

perpetual use.] The county commissioners of such county are hereby authorized to join with the council of such city in the construction of such building: provided, the par value of the bonds so issued and contributed by such city shall equal the cost of the grounds for such build…

commissioners; maintenance.] Such bonds shall be sold at par or taken at par in payment for grounds or building, and such bonds shall be delivered to the county commissioners or to such person as they may designate to have charge of the construction and payment for such building.…

contribution.] Such county commissioners shall receive and accept bonds of such city issued according to this article, together with an agreement duly executed by the owners of suitable grounds for said public building, to execute a good and sufficient deed conveying the same to …

Whenever the location of the boundary line between two or more counties is in dispute, the controversy shall be settled by a boundary commission consisting of the chair of the board of county commissioners and a licensed professional surveyor appointed by the board of county comm…

It shall be the duty of such boundary commission to cause a joint survey to be made of such boundary line according to the description thereof in the statutes and to have such line plainly marked by suitable monuments set at convenient intervals and to cause a plat and field note…

The district attorney or district attorneys, as the case may be, shall call a meeting of the commission to arrange for making such joint survey. The officers serving on such boundary commission shall receive no additional compensation for such services. The expense incurred by th…

for judicial determination]. If for any reason the joint boundary commission be unable to locate the boundary line according to the description thereof in the statutes, the commission shall certify such disagreement to the attorney general of the state of New Mexico, and it shall…

publications. After a public library is established, the secretary of state shall furnish to the public library a copy of any work published under his authority. History: 1953 Comp., § 15-36-1.2, enacted by Laws 1965, ch. 87, § 2.

authorization. A. A class A county having a population of more than one hundred thirty-five thousand but less than four hundred eighty-one thousand according to the last federal decennial census, and having a 1993 net taxable value of property, as that term is defined in the Prop…

commissions. A. The legislature finds that: (1) numerous citizens and government officials in the state of New Mexico have repeatedly petitioned the United States forest service both collectively and individually at public meetings, by correspondence and by telephone to request t…

bequests. A. A county may establish and maintain a free public library under proper regulation and may receive, hold and dispose of a gift, donation, devise or bequest that is made to the county for the purpose of establishing, increasing or improving the library. The governing b…

A county may act as an agent of the United States government for the expenditure of money authorized by any act of the United States congress. History: 1953 Comp., § 15-36-1.4, enacted by Laws 1975, ch. 137, § 1.

Any real or personal property heretofore or which may hereafter be transferred to any county shall be deemed the property of such county. History: Laws 1876, ch. 1, § 2; C.L. 1884, § 333; C.L. 1897, § 652; Code 1915, § 1151; C.S. 1929, § 33-3602; 1941 Comp., § 15-3402; 1953 Comp.…

A. Counties may contract with municipalities or individuals for purchase of firefighting services for the county or certain areas in a county where such services are needed when, in the opinion of the board of county commissioners, such services may be more economically provided …

No county government shall acquire property within the exterior boundaries of any other local government for park purposes unless it has received the prior approval for such acquisition for such purposes from the governing body of the local government within whose boundaries the …

The board of county commissioners of any county, pursuant to the federal Foreign Trade Zones Act, as may be amended from time to time, and regulations adopted pursuant thereto, may: A. with the prior written approval of the economic development department, apply for and accept a …

A. Any class B county of the state having a population of more than ninety-eight thousand but less than one hundred thousand, according to the last federal decennial census, and having a net taxable value for rate-setting purposes for the 1991 property tax year of more than one b…

detention of a child; reimbursement for ancillary services; civil action. A. When a child is detained in a facility for the temporary detention of children that is administered or financed by a county and the child subsequently is found to be delinquent or enters into a consent d…

All counties are granted the same powers that are granted municipalities except for those powers that are inconsistent with statutory or constitutional limitations placed on counties. Included in this grant of powers to the counties are those powers necessary and proper to provid…

This act [4-37-10 to 4-37-13 NMSA 1978] may be cited as the "Home Rule County Validation Act". History: Laws 1987, ch. 8, § 1.

All amendments adopted under color of law to a county charter adopted under the provisions of Article 10, Section 5 of the constitution of New Mexico allowing or purporting to allow the county to exercise all legislative powers and perform all functions not expressly denied by ge…

The Home Rule County Validation Act [4-37-10 to 4-37-13 NMSA 1978] shall operate to supply such legislative authority as may be necessary to validate any amendments to a county charter adopted under Article 10, Section 5 of the constitution of New Mexico allowing the county to ex…

The Home Rule County Validation Act [4-37-10 to 4-37-13 NMSA 1978], being necessary to secure the public health, safety, convenience and welfare, shall be liberally construed to carry out its purposes. History: Laws 1987, ch. 8, § 4. ARTICLE 38 Board of County Commissioners

County ordinances are effective within the boundaries of the county, including privately owned land or land owned by the United States. However, ordinances are not effective within the limits of any incorporated municipality; provided that an ordinance adopted by a county pursuan…

A. County ordinances may be enforced by prosecution for violations of those ordinances in any court of competent jurisdiction of the county. Penalties for violations of any county ordinances shall not exceed a fine of three hundred dollars ($300) or imprisonment for ninety days o…

A. It is the duty of every county sheriff, deputy sheriff, constable and other county law enforcement officer to: (1) enforce the provisions of all county ordinances; (2) diligently file a complaint or information alleging a violation if circumstances would indicate that action t…

The style and form of county ordinances shall be determined by the board of county commissioners. History: 1953 Comp., § 15-36A-5, enacted by Laws 1975, ch. 312, § 5.

required for passage or repeal. A. A proposed county ordinance shall be passed only by a majority vote of all the members of the board of county commissioners, and an existing county ordinance shall be amended or repealed in the same manner. Upon a vote of passage, amendment or r…

A. Ordinances may be proposed by any member of the board of county commissioners. Ordinances shall not be submitted to the board for final passage until a majority of the members have directed that the title and a general summary of the subject matter of the proposed ordinances b…

County ordinances may be received in evidence without further proof when they are printed and when the ordinance purports to be printed by the county. Ordinances may also be proved by the seal of the board of county commissioners. History: 1953 Comp., § 15-36A-8, enacted by Laws …