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Home » US Law » 2021 New Mexico Statutes » Chapter 47 - Property Law » Article 6 - County Subdivisions

Section 47-6-25 – Suspension of right of sale.

The board of county commissioners may suspend or revoke approval of a plat as to the unsold, unleased or otherwise unconveyed portions of a subdivider’s plat if the subdivider does not meet the schedule of compliance approved by the board. History: 1953 Comp., § 70-5-25, enacted by Laws 1973, ch. 348, § 25; 1995, ch. […]

Section 47-6-25.1 – Attorney general; district attorneys; investigation.

A. If the attorney general or a district attorney has reasonable cause to believe that a person has information or may be in possession, custody or control of any document or other tangible object relevant to a civil investigation for violation of the New Mexico Subdivision Act, the attorney general or the district attorney, or […]

Section 47-6-26 – Injunctive relief; mandamus.

A. The board of county commissioners, the district attorney or the attorney general may apply to the district court for any one or more of the following remedies in connection with violations of the New Mexico Subdivision Act and county subdivision regulations: (1) injunctive relief to prohibit a subdivider from selling, leasing or otherwise conveying […]

Section 47-6-27 – Criminal penalties.

A. Any person who knowingly, intentionally or willfully commits a material violation of the New Mexico Subdivision Act is guilty of a misdemeanor, punishable by a fine of not more than ten thousand dollars ($10,000) per violation, or by imprisonment for not more than one year, or both. B. Any person who is convicted of […]

Section 47-6-27.1 – Private remedies.

A. Any sale, lease or other conveyance of land within a subdivision subject to the New Mexico Subdivision Act, which subdivision has not been approved by the board of county commissioners, shall be voidable at the option of the purchaser, lessee or other person acquiring an interest in the subdivided land. The purchaser, lessee or […]

Section 47-6-27.2 – Approval necessary for utility connection.

Any water, sewer, electric or gas utility that connects service to individual parcels within a subdivision, before a final plat for the subdivision has been approved by the board of county commissioners or before the landowner holds a valid building permit, may be fined a civil penalty of up to five hundred dollars ($500) by […]

Section 47-6-28 – Use of fees.

All fees collected by a county for passing upon subdivision plats shall be deposited in the county general fund. History: 1953 Comp., § 70-5-28, enacted by Laws 1973, ch. 348, § 28.

Section 47-6-29 – Jurisdiction.

Nothing in the New Mexico Subdivision Act shall be construed as limiting the municipal extraterritorial subdivision and platting jurisdiction provided for in Sections 3-20-1 through 3-20-15 NMSA 1978. History: 1953 Comp., § 70-5-29, enacted by Laws 1973, ch. 348, § 41; 1979, ch. 172, § 4; 1995, ch. 212, § 31. ANNOTATIONS The 1995 amendment, […]

Section 47-6-3 – Final plat; description.

A. Any person desiring to subdivide land shall have a final plat of the proposed subdivision certified by a surveyor registered in New Mexico. The final plat shall: (1) define the subdivision and all roads by reference to permanent monuments; (2) accurately describe legal access to, roads to and utility easements for each parcel, and […]

Section 47-6-4 – Final plat acknowledgment; affidavit.

Every final plat shall contain a statement that the land being subdivided is subdivided in accordance with the final plat. The final plat shall be acknowledged by the owner and subdivider or their authorized agents in the manner required for the acknowledgment of deeds. Every final plat submitted to the county clerk shall be accompanied […]

Section 47-6-5 – Dedication for public use; maintenance.

The final plat shall contain a certificate stating that the board of county commissioners accepted, accepted subject to improvement or rejected, on behalf of the public, any land offered for dedication for public use in conformity with the terms of the offer of dedication. Upon full conformance with the county road construction standards, the roads […]

Section 47-6-6 – Filing with county clerk; duties of county clerk.

The county clerk shall not accept for filing any final plat subject to the New Mexico Subdivision Act that has not been approved as provided in the New Mexico Subdivision Act. Whenever separate documents are to be recorded concurrently with the final plat, the county clerk shall cross-reference such documents. Preliminary plats shall not be […]

Section 47-6-8 – Requirements prior to sale, lease or other conveyance.

It is unlawful to sell, lease or otherwise convey land within a subdivision before the following conditions have been met: A. the final plat has been approved by the board of county commissioners and has been filed with the clerk of the county in which the subdivision is located. Where a subdivision lies within more […]

Section 47-6-9 – Subdivision regulation; county authority.

A. The board of county commissioners of each county shall regulate subdivisions within the county’s boundaries. In regulating subdivisions, the board of county commissioners of each county shall adopt regulations setting forth the county’s requirements for: (1) preliminary and final subdivision plats, including their content and format; (2) quantifying the maximum annual water requirements of […]

Section 47-6-9.1 – Merger of contiguous parcels; prohibition.

A. Contiguous parcels that are owned by a single owner shall not be required by a board of county commissioners to be merged into one parcel if: (1) each of the contiguous parcels: (a) is shown on the official plat map of the county; or (b) was created by a deed or survey recorded with […]