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Home » US Law » 2021 New Mexico Statutes » Chapter 18 - Libraries, Museums and Cultural Properties » Article 8 - Prehistoric and Historic Sites Preservation

Section 18-8-1 – Short title.

This act [18-8-1 to 18-8-8 NMSA 1978] may be cited as the “New Mexico Prehistoric and Historic Sites Preservation Act”. History: Laws 1989, ch. 13, § 1. ANNOTATIONS Law reviews. — For student article, “The Efficacy of State Law in Protecting Native American Sacred Places: A Case Study of the Paseo Del Norte Extension,” see […]

Section 18-8-2 – Purpose.

The purpose of the New Mexico Prehistoric and Historic Sites Preservation Act is the acquisition, stabilization, restoration or protection of significant prehistoric and historic sites by the state of New Mexico and corporations. History: Laws 1989, ch. 13, § 2.

Section 18-8-3 – Definitions.

As used in the New Mexico Prehistoric and Historic Sites Preservation Act: A. “corporation” means a nonprofit corporation, formally recognized as tax exempt under Section 501(c)3 of the Internal Revenue Code of 1986, whose declared purposes include the investigation, preservation or conservation of significant prehistoric or historic sites; B. “division” means the historic preservation division […]

Section 18-8-4 – Administration; cost sharing formula; limitations.

A. The New Mexico Prehistoric and Historic Sites Preservation Act shall be administered by the state historic preservation officer in consultation with the cultural properties review committee. B. The division and the cultural properties review committee shall cooperatively develop criteria for the acquisition, stabilization, restoration or protection of significant historic or prehistoric sites. Such criteria […]

Section 18-8-5 – Management.

A. The corporation shall be required to prepare a long-term management plan for any site acquired, stabilized, restored or protected as provided for in Subsection D of Section 4 [18-8-4 NMSA 1978] of the New Mexico Prehistoric and Historic Sites Preservation Act. The management plan shall be subject to the approval of the division. That […]

Section 18-8-6 – No power of eminent domain.

No property or right of access may be acquired under the New Mexico Prehistoric and Historic Sites Preservation Act through exercise of the state’s power of eminent domain or other condemnation process. History: Laws 1989, ch. 13, § 6.

Section 18-8-7 – Preservation of significant prehistoric or historic sites.

No public funds of the state or any of its agencies or political subdivisions shall be spent on any program or project that requires the use of any portion of or any land from a significant prehistoric or historic site unless there is no feasible and prudent alternative to such use, and unless the program […]

Section 18-8-8 – Regulation.

The state historic preservation officer shall issue regulations for the implementation of the New Mexico Prehistoric and Historic Sites Preservation Act. History: Laws 1989, ch. 13, § 8.