588 sections in this chapter.
NMSA 1978, § 4-37-9 County ordinances; recording and publication; effective
0.8K chars
date. A. All county ordinances, immediately after their passage, shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the county clerk. B. No ordinance shall take effect until thirty days after the ordinance has been recorded in the boo…
NMSA 1978, § 4-37-9.1 Water conservation and drought management plans
0.2K chars
A county shall consider ordinances and codes to encourage water conservation and drought management planning pursuant to the provisions of Section 3 [72-14-3.2 NMSA 1978] of this act. History: Laws 2003, ch. 138, § 2.
NMSA 1978, § 4-38-1 [Exercise of county powers.]
0.3K chars
The powers of a county as a body politic and corporate shall be exercised by a board of county commissioners. History: Laws 1876, ch. 1, § 3; C.L. 1884, § 334; C.L. 1897, § 653; Code 1915, § 1188; C.S. 1929, § 33-4201; 1941 Comp., § 15-3501; 1953 Comp., § 15-37-1.
NMSA 1978, § 4-38-10 Chairman
0.7K chars
A. The county commission shall select a chairman in a manner and for a term provided by county ordinance. B. In the absence of a county ordinance providing for the chairman's selection and term, the county commissioners shall, at the first meeting of each year choose one of their…
NMSA 1978, § 4-38-11 [Chairman; powers and duties.]
0.4K chars
The chairman of said board shall have power to administer oaths to any person concerning any matter submitted to the board or connected with their powers and duties and he shall sign all orders on the county treasury. History: Laws 1876, ch. 1, § 18; C.L. 1884, § 349; C.L. 1897, …
NMSA 1978, § 4-38-12 [Seal; sessions to be public; rules and regulations.]
0.5K chars
Every board of county commissioners shall have a seal, or scroll until a seal can be procured, and may alter the same at pleasure. Their sessions shall be public with open doors, and all persons conducting themselves in an orderly manner may attend their meetings, and they may es…
NMSA 1978, § 4-38-13 [Powers; property belonging to county.]
0.3K chars
The board of county commissioners shall have power at any session to make such orders concerning the property belonging to the county as they may deem expedient. History: Laws 1876, ch. 1, § 14(1); C.L. 1884, § 345(1); C.L. 1897, § 664(1); Code 1915, § 1199; C.S. 1929, § 33-4213;…
NMSA 1978, § 4-38-13.1 County equipment and property; permitted uses
1.4K chars
A. Notwithstanding any other provision of law, the board of county commissioners of any county except a class A county may contract for the use of county equipment or property for the benefit of community ditch associations, mutual domestic water associations or other public enti…
NMSA 1978, § 4-38-13.2 Legislative findings; community value
0.7K chars
The legislature finds that without the daily contributions and efforts of the thousands of worthwhile nonprofit organizations dedicated to serving sick and indigent persons in communities throughout New Mexico, the state would be inundated with constant requests for health, human…
NMSA 1978, § 4-38-14 [County appropriation for state fair authorized.]
0.4K chars
That the county commissioners in each respective county of the state may, for the purpose of aiding their county in displaying its products or potential products at the New Mexico state fair in Albuquerque, appropriate and expend out of the general fund of such county a sum not e…
NMSA 1978, § 4-38-15 [Agent of county having charge of county exhibit at state
0.4K chars
fair; appointment.] That said county commissioners may appoint a qualified and suitable person to have charge of said county exhibits and to represent their county at the New Mexico state fair, and may if necessary compensate said agent for such services out of said appropriation…
NMSA 1978, § 4-38-16 [Accounts; county buildings; taxation.]
0.6K chars
To examine and settle all accounts of the receipts and expenses of the county, and to examine and settle, and allow all accounts chargeable against the county, and when so settled they may issue county orders therefor as provided by law. To build and keep in repair all county bui…
NMSA 1978, § 4-38-17 Tax levy for county general purposes; allocation
0.4K chars
Boards of county commissioners are authorized to levy a tax on all taxable property in the county for general county purposes, including salaries and expenses of county officers, deputies and employees, subject to maximum rates provided by law. Proceeds of the tax shall be alloca…
NMSA 1978, § 4-38-17.1 Tax levies authorization; procedures; health purposes
1.9K chars
A. A board of county commissioners may adopt a resolution to submit to the qualified electors of the county the question of whether a property tax at a rate not to exceed the rate specified in the resolution should be imposed upon the net taxable value of property allocated to th…
NMSA 1978, § 4-38-18 [Management in general.]
0.3K chars
To represent the county and have the care of the county property and the management of the interest of the county in all cases where no other provision is made by law. History: Laws 1876, ch. 1, § 14(5); C.L. 1884, § 345(5); C.L. 1897, § 664(5); Code 1915, § 1201; C.S. 1929, § 33…
NMSA 1978, § 4-38-19 County commissioners; employing deputies and
1.1K chars
employees; employing a county manager. A. A board of county commissioners may set the salaries of such employees and deputies as it feels necessary to discharge the functions of the county, except that elected county officials have the authority to hire and recommend the salaries…
NMSA 1978, § 4-38-2 Members; quorum
0.9K chars
A. The board of county commissioners shall consist of either three or five qualified electors who shall be elected according to law. For a three-member board, two members constitute a quorum for the purpose of transacting business. For a five- member board, three members constitu…
NMSA 1978, § 4-38-20 Repealed
0.1K chars
History: 1953 Comp., § 15-37-17, enacted by Laws 1969, ch. 90, § 1; Laws 1975, ch. 255, § 127; repealed by Laws 2019, ch. 212, § 284.
NMSA 1978, § 4-38-21 Repealed
0.3K chars
History: Laws 1876, ch. 1, § 15; C.L. 1884, § 346; C.L. 1897, § 665; Code 1915, § 1207; Laws 1921, ch. 15, § 1; 1927, ch. 95, § 1; C.S. 1929, § 33-4221; 1941 Comp., § 15-3516; 1953 Comp., § 15-37-18; Laws 1969, ch. 90, § 2; 1984 (1st S.S.), ch. 3, § 7; 1991 (1st S.S.), ch. 6, § 9…
NMSA 1978, § 4-38-22 Repealed
0.2K chars
History: Laws 1876, ch. 1, § 28; C.L. 1884, § 359; C.L. 1897, § 677; Code 1915, § 1208; C.S. 1929, § 33-4222; 1941 Comp., § 15-3517; 1953 Comp., § 15-37-19; Laws 1969, ch. 90, § 3; 1975, ch. 255, § 128; repealed by Laws 2019, ch. 212, § 284.
NMSA 1978, § 4-38-23 Repealed
0.2K chars
History: Laws 1876, ch. 1, § 32; C.L. 1884, § 363; C.L. 1897, § 682; Code 1915, § 1239; C.S. 1929, § 33-4305; 1941 Comp., § 15-3518; 1953 Comp., § 15-37-20; Laws 1969, ch. 90, § 4; 1975, ch. 255, § 129; repealed by Laws 2019, ch. 212, § 284.
NMSA 1978, § 4-38-24 Powers over highways
0.4K chars
The board of county commissioners of each county shall have the power to lay out, alter or discontinue any road running through one or more precincts or townships in such county and to perform such other duties respecting roads as may be required by law. History: Laws 1876, ch. 1…
NMSA 1978, § 4-38-25 [Bridges.]
0.3K chars
They may order and direct the construction of bridges and provide and appropriate funds therefor. History: Laws 1876, ch. 1, § 14(11); C.L. 1884, § 345(11); C.L. 1897, § 664(11); Code 1915, § 1205; C.S. 1929, § 33-4219; 1941 Comp., § 15-3521; 1953 Comp., § 15-37-23.
NMSA 1978, § 4-38-26 [Streets in unincorporated county seats.]
0.7K chars
The boards of county commissioners in the unincorporated county seats of this state shall have the same powers that were possessed by the boards of trustees and city council in the incorporated towns and cities of New Mexico, on March 7, 1897, with reference to the care, opening,…
NMSA 1978, § 4-38-27 [Receipts and expenditures; publication of report.]
0.7K chars
The boards of county commissioners of their respective counties at their regular meeting in January in each year shall cause to be prepared a statement of the receipts and expenditures of such county during the year immediately preceding, setting forth the amount of money receive…
NMSA 1978, § 4-38-28 [Payments without authority; liability of commissioners.]
0.7K chars
All moneys, county warrants or other indebtedness paid out or ordered to be paid out by any of the said county commissioners before mentioned, without authority of law, each and every county commissioner so doing shall be liable for and to the county for the amount so by them pai…
NMSA 1978, § 4-38-29 [Approving unauthorized account; penalty; recovery of
0.6K chars
money.] Any county commissioner who shall vote to approve any account, or order any money paid to any officer or individual, except as provided by law, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding five hundred dollars …
NMSA 1978, § 4-38-3 Residence in districts; period for districting; election at
2.2K chars
large. A. A county having a population greater than thirteen thousand, according to the most recent federal decennial census, shall be divided by the board of county commissioners into as many compact single-member districts as there are board members to be elected. The districts…
NMSA 1978, § 4-38-30 [Neglect of duty; penalty.]
0.5K chars
If any one of the commissioners shall refuse or neglect to perform any of the duties which are or shall be required by law of him as a member of the board of county commissioners without any just cause therefor, he shall for each offense be fined in a sum not less than twenty-fiv…
NMSA 1978, § 4-38-31 [Establishment of airports.]
0.9K chars
The boards of county commissioners of the various counties of this state are hereby authorized and empowered to acquire by purchase, condemnation, gift or lease lands for use as an airport and to establish, construct, own, lease, control, equip, improve, maintain and operate an a…
NMSA 1978, § 4-38-32 Eminent domain power for acquiring airports
0.4K chars
Any property desired for use as an airport by counties under Section 4-38-31 NMSA 1978, may be acquired as for a public purpose and as a matter of public necessity under the power of eminent domain according to the procedure for condemnation provided by the Eminent Domain Code [4…
NMSA 1978, § 4-38-33 [Eminent domain power over land contiguous and adjacent
0.5K chars
to airport.] The power of eminent domain and right of condemnation granted to counties under the provisions of this act [4-38-31 to 4-38-37 NMSA 1978] shall extend to such land contiguous and adjacent to any such airport or any other lands within one-half mile in any direction fr…
NMSA 1978, § 4-38-34 [Joint county-municipal operation of airports.]
0.5K chars
The boards of county commissioners are hereby authorized and empowered to cooperate and join with any municipality located in such county, in the joint operation, financing, maintenance and control of publicly owned or operated airports, under such plan and provisions, as the boa…
NMSA 1978, § 4-38-35 [Federal aid for airports; gifts.]
0.5K chars
The respective boards of county commissioners are authorized and empowered to seek and obtain, if possible, from the United States government, or any department or agency thereof, financial aid and assistance to carry into effect the purposes hereof. Such boards are also authoriz…
NMSA 1978, § 4-38-36 [Power to issue bonds for airports.]
0.5K chars
The boards of county commissioners of the various counties of this state are hereby authorized and empowered to issue and dispose of the negotiable bonds of such county, subject to the limitations and in accordance with Article 9 of the constitution, for the purpose of securing f…
NMSA 1978, § 4-38-37 [Procedure for issuing bonds for airports.]
0.7K chars
The proceedings for calling, holding and canvassing the results of an election to determine whether such bonds are to be issued, the manner of issuance and the terms and provisions of such bonds, the sale thereof, the levy of taxes for the payment thereof and the manner and time …
NMSA 1978, § 4-38-38 Creation of county advisory boards
0.3K chars
There is created a county advisory board in each county of the fourth and fifth class. The board shall consist of the county commissioners, the county treasurer, county assessor, sheriff and county clerk. History: 1953 Comp., § 15-37-37, enacted by Laws 1959, ch. 239, § 1.
NMSA 1978, § 4-38-39 Duties of board
0.9K chars
The board shall meet with the county commissioners and advise them on all matters concerning the offices of county officials and on all matters concerning administration of public matters of the county. Each member of the board shall familiarize himself with all matters of a publ…
NMSA 1978, § 4-38-40 Executive committee
0.2K chars
The county treasurer, county assessor and county clerk are ex officio the executive committee of the county advisory board. History: 1953 Comp., § 15-37-39, enacted by Laws 1959, ch. 239, § 3.
NMSA 1978, § 4-38-41 Terms of members
0.3K chars
Terms of members of the county advisory boards in fourth and fifth class counties begin June 15, 1959, and expire with each member's term of elective county office. Terms of successors shall begin and expire with each member's term of elective county office. History: 1953 Comp., …
NMSA 1978, § 4-38-42 Salary[; members of advisory board]
0.6K chars
In addition to salaries received as elective county officers, each member of a county advisory board, except the county commissioners, shall receive six hundred dollars ($600) a year, plus three hundred dollars ($300) additional for deputies. Each county commissioner shall receiv…
NMSA 1978, § 4-38-6 Election; term
1.2K chars
A. In each county all county commissioners shall be elected to serve four-year terms, subject to the provisions of Subsection B of this section. B. In those counties that consist of a three-member board of county commissioners, the secretary of state shall designate by lottery th…
NMSA 1978, § 4-38-7 [Holding office until successor is qualified.]
0.3K chars
Every person appointed county commissioner shall hold his office until the general election, and until his successor shall be qualified and enters upon the duties of such office. History: Laws 1876, ch. 1, § 39; C.L. 1884, § 370; C.L. 1897, § 689; Code 1915, § 1192; C.S. 1929, § …
NMSA 1978, § 4-38-8 Meetings
0.9K chars
The board of county commissioners shall meet, after notice as required by law for meetings of public bodies, at the county seat of each county at quarterly meetings in January, April, July and October in each year and at such other times within the prescribed county as in the opi…
NMSA 1978, § 4-38-9 Repealed
0.2K chars
History: Laws 1897, ch. 60, § 16 [15]; C.L. 1897, § 867(15); Code 1915, § 1195; C.S. 1929, § 33-4209; 1941 Comp., § 15-3508; 1953 Comp., § 15-37-8; repealed by Laws 2013, ch. 214, § 14.
NMSA 1978, § 4-39-1 Repealed
0.3K chars
ANNOTATIONS Repeals. — Laws 1993, ch. 119, § 2 repealed 4-39-1 NMSA 1978, as enacted by Laws 1884, ch. 63, § 1, providing for the election of a county assessor, effective June 18, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com. For present compa…
NMSA 1978, § 4-39-2 Courses in property valuation and property tax
1.4K chars
administration authorized; issuance of certificates. The taxation and revenue department, in cooperation with the international association of assessing officers and the real estate appraisers board, may establish four grades of courses in the field of property valuation and prop…
NMSA 1978, § 4-39-3 Qualifications for appraiser's certificates
0.5K chars
The taxation and revenue department, in cooperation and in keeping with the standards of the international association of assessing officers and the real estate appraisers board, shall establish the qualifications that are prerequisite to the issuance of each grade of appraiser's…
NMSA 1978, § 4-39-4 Additional compensation to assessors
0.7K chars
In addition to the salaries provided for county assessors in Sections 4-44-4 through 4-44-5 NMSA 1978, county assessors may receive additional cumulative increments up to: A. an additional seven hundred fifty dollars ($750) a year for holding an "Appraiser 1" certificate; B. an a…
NMSA 1978, § 4-39-5 Additional compensation to certain certified employees in
0.8K chars
appraiser offices. A board of county commissioners may provide additional cumulative increments to the salary of employees in the office of the assessor as an incentive for obtaining greater qualification levels up to the following amounts: A. an additional seven hundred fifty do…