County Surveyor

NMSA 1978 ch. 4, art. 42

in effect

NMSA 1978, § 4-42-1 County surveyor

4-42-1. County surveyor The elected office of county surveyor is abolished. Laws 1891, ch. 33, § 1; C.L. 1897, § 785; Code 1915, § 1287; C.S. 1929, § 33-4901; 1941 Comp., § 15-3901; 1953 Comp., § 15-41-1; Laws 1967, ch. 238, § 4; 2011, ch. 56, § 3.

NMSA 1978, § 4-42-3 Licensed professional surveyor; inquiry as to boundaries; oath to witnesses; report

4-42-3. Licensed professional surveyor; inquiry as to boundaries; oath to witnesses; report When a licensed professional surveyor appointed by the board of county commissioners is called upon to make any survey that is to be used in any court, the surveyor is hereby authorized and required, upon application of either party, to administer an oath or affirmation to any witness who may be brought to prove any corner or line of that survey or any natural or artificial object or mark that may be necessary to identify the same, which testimony shall be reduced to writing and subscribed by the witness and a return made thereof with the return of the surveyor. Laws 1891, ch. 33, § 4; C.L. 1897, § 783; Code 1915, § 1290; C.S. 1929, § 33-4904; 1941 Comp., § 15-3904; 1953 Comp., § 15-41-4; 2011, ch. 56, § 4.

NMSA 1978, § 4-42-4 Licensed professional surveyor; office and records

4-42-4. Licensed professional surveyor; office and records A licensed professional surveyor appointed by the board of county commissioners shall keep two books of records that shall be furnished the surveyor by the board of county commissioners for that purpose, which books the surveyor shall transmit to the surveyor's successor in office. One book shall contain the calculations by latitudes and departures of all surveys made by the surveyor or the surveyor's deputies, and each calculation shall have a corresponding number with the plat and field notes to which it refers in the book of records. The other book shall be a book of records and so constituted as to have the left page for diagrams and plats and the right page for notes and remarks, and each diagram and plat shall be numbered progressively. The field notes of the survey so recorded shall contain a full statement of the surveys, with the variations of the magnetic needle, length of lines and location of corners, with description of such corners and description of all witness trees and other marks used as witness marks for such corners, with size, distance and course. Laws 1891, ch. 33, § 5; C.L. 1897, § 789; Code 1915, § 1291; C.S. 1929, § 33-4905; 1941 Comp., § 15-3905; 1953 Comp., § 15-41-5; 2011, ch. 56, § 5.

NMSA 1978, § 4-42-5 Licensed professional surveyor; latitudes and departures; following United States instructions

4-42-5. Licensed professional surveyor; latitudes and departures; following United States instructions All calculations to ascertain the contents of a tract of land by a licensed professional surveyor appointed by the board of county commissioners shall be made by latitudes and departures, and on each plat shall be laid down the variations of the magnetic needle from the true meridian. In reestablishing missing corners, the county surveyor shall establish said corners in strict accordance with the manual of instructions of the United States to the United States deputy surveyors. Laws 1891, ch. 33, § 6; C.L. 1897, § 790; Code 1915, § 1292; C.S. 1929, § 33-4906; 1941 Comp., § 15-3906; 1953 Comp., § 15-41-6; 2011, ch. 56, § 6.

NMSA 1978, § 4-42-6 Licensed professional surveyor; interference with

4-42-6. Licensed professional surveyor; interference with If a licensed professional surveyor appointed by the board of county commissioners shall be molested or prevented from doing or performing any of the surveyor's official duties by means of threats or improper interference of any person, the surveyor shall call on the sheriff or other peace officer of the county, who shall accompany the surveyor and afford the surveyor all necessary protection against any person thus threatening or improperly interfering with the surveyor while performing official duties. The person so offending shall, on conviction thereof before any court of competent jurisdiction, be fined in a sum not less than five dollars ($5.00) nor exceeding one hundred dollars ($100) and be liable for all damages caused to any person by the hindrance of the surveyor and for all the expenses that may accrue in consequence of the attendance of the sheriff or officer and the delay of the surveyor. Laws 1891, ch. 33, § 7; C.L. 1897, § 791; Code 1915, § 1293; C.S. 1929, § 33-4907; 1941 Comp., § 15-3907; 1953 Comp., § 15-41-7; 2011, ch. 56, § 7.

NMSA 1978, § 4-42-7 Fees; purchase of plats of United States surveys; admissibility of certified copies of surveys as evidence; filing copy of surveys

4-42-7. Fees; purchase of plats of United States surveys; admissibility of certified copies of surveys as evidence; filing copy of surveys The expense of the chain carriers and corner man shall be paid in advance, if required by a licensed professional surveyor appointed by the board of county commissioners or the surveyor's deputy, by the party on whose application the survey may be made, and the money so advanced shall be accounted for by the surveyor, and the amount expended to be taxed on the bill of costs. However, each surveyor may retain the return of any survey made by the surveyor until the surveyor is paid the fee established by law and may collect fees by action. The board of county commissioners of each county in this state, at its discretion, may procure copies, duly certified by the surveyor general to be correct, of the field notes and plats of the original surveys by the United States of the lands of its county, and the board shall bind the plats and field notes each substantially in book form and keep them in the county clerk's office for the benefit of the public. The certificate of the licensed professional surveyor appointed by the board of county commissioners or any of the surveyor's deputies as to the correctness or accuracy of any survey, plat or field notes made by the surveyor or any certified copy of them shall be admitted as legal evidence in any court of the state, but only when the surveyor is dead or when it is impossible to obtain the surveyor's evidence either by the surveyor's personal attendance or by means of a deposition taken according to law. This evidence may be explained or rebutted by other evidence. The licensed professional surveyors appointed by the boards of county commissioners of the different counties of this state may administer all oaths or affirmations necessary to be administered to road viewers and for all other purposes necessary to the discharge of their official duties. A copy of all surveys shall be filed with the county clerk by the surveyor. Laws 1891, ch. 33, § 8; C.L. 1897, § 792; Code 1915, § 1294; C.S. 1929, § 33-4908; 1941 Comp., § 15-3908; Laws 1943, ch. 43, § 1; 1953 Comp., § 15-41-8; Laws 1969, ch. 219, § 2; 2011, ch. 56, § 8.

NMSA 1978, § 4-42-8 Survey of lands divided by county line

4-42-8. Survey of lands divided by county line Any person owning or claiming lands divided by a county line and wishing to have the lands surveyed may apply to a licensed professional surveyor appointed by the board of county commissioners of any county in which any part of the land is situate, and, on such application being made, the surveyor is authorized to make a survey, which shall be as valid as though the lands were situate entirely in one county. Laws 1891, ch. 33, § 9; C.L. 1897, § 793; Code 1915, § 1295; C.S. 1929, § 33-4909; 1941 Comp., § 15-3909; 1953 Comp., § 15-41-9; 2011, ch. 56, § 9.

NMSA 1978, § 4-42-9 Establishing county line; joint survey

4-42-9. Establishing county line; joint survey Where a boundary line between two counties is to be established, licensed professional surveyors appointed by the board of county commissioners, or their deputies, of the two counties affected by the boundaries shall together make the survey and establish the lines and erect monuments, and all corners set by the surveyors or their deputies shall be made in strict conformity with the manual of instructions of the United States. Laws 1891, ch. 33, § 10; C.L. 1897, § 794; Code 1915, § 1296; C.S. 1929, § 33-4910; 1941 Comp., § 15-3910; 1953 Comp., § 15-41-10; 2011, ch. 56, § 10.

NMSA 1978, § 4-42-10 Licensed professional surveyor to do all county work

4-42-10. Licensed professional surveyor to do all county work All county surveying and engineering on roads and bridges shall be performed by a licensed professional surveyor appointed by the board of county commissioners, and the surveyor shall by virtue of the surveyor's office be one of the viewers in the establishing of new roads or the location of bridges. Laws 1891, ch. 33, § 11; C.L. 1897, § 795; Code 1915, § 1297; C.S. 1929, § 33-4911; 1941 Comp., § 15-3911; 1953 Comp., § 15-41-11; 2011, ch. 56, § 11.

NMSA 1978, § 4-42-11 Licensed professional surveyor; contracting

4-42-11. Licensed professional surveyor; contracting Private individuals may contract for the work of county surveying. Laws 1891, ch. 33, § 12; C.L. 1897, § 796; Code 1915, § 1298; C.S. 1929, § 33-4912; 1941 Comp., § 15-3912; 1953 Comp., § 15-41-12; Laws 1981, ch. 14, § 1; 2011, ch. 56, § 12.

NMSA 1978, § 4-42-12 [Survey books; admissibility in evidence.]

4-42-12. [Survey books; admissibility in evidence.] All surveys made under and by virtue and in compliance with the provisions of this article [4-42-1 to 4-42-15 NMSA 1978] shall be deemed and taken to be in all counties of this state as prima facie correct, and the survey books in this article provided shall be received in evidence in all courts of this state only when the surveyor may be dead, or when it shall be impossible to obtain his evidence either by his personal attendance or by means of a deposition taken according to law. Laws 1891, ch. 33, § 13; C.L. 1897, § 797; Code 1915, § 1299; C.S. 1929, § 33-4913; 1941 Comp., § 15-3913; 1953 Comp., § 15-41-13.

NMSA 1978, § 4-42-13 Licensed professional surveyor; numbering surveys; assessment for taxation

4-42-13. Licensed professional surveyor; numbering surveys; assessment for taxation All surveys made by the licensed professional surveyors appointed by the board of county commissioners of the several counties in accordance with Chapter 4, Article 42 NMSA 1978, which are not government subdivisions, shall be numbered with a consecutive series of numbers, commencing with thirty-seven, and it shall be the duty of the assessor in each county to enter for taxation in the assessor's book all lands liable for taxation, referring to them by the proper number as designated by the surveyor in the surveyor's records. Laws 1891, ch. 33, § 15; C.L. 1897, § 799; Code 1915, § 1300; C.S. 1929, § 33-4914; 1941 Comp., § 15-3914; 1953 Comp., § 15-41-14; 2011, ch. 56, § 13.

NMSA 1978, § 4-42-14 Licensed professional surveyor; not to change established corners or survey private lands

4-42-14. Licensed professional surveyor; not to change established corners or survey private lands Nothing in Chapter 4, Article 42 NMSA 1978 shall be construed to empower any licensed professional surveyor appointed by the board of county commissioners to change the established lines or corners of any land owned or possessed by any person, and no private lands shall be surveyed except by the consent of the owner of the land. Laws 1891, ch. 33, § 16; C.L. 1897, § 800; Code 1915, § 1301; C.S. 1929, § 33-4915; 1941 Comp., § 15-3915; 1953 Comp., § 15-41-15; 2011, ch. 56, § 14.

NMSA 1978, § 4-42-15 County surveys

4-42-15. County surveys The board of county commissioners is authorized to have the lands of the county, or any portion thereof, surveyed by a licensed land surveyor under the direction and in accordance with the instructions of the board of county commissioners. The board of county commissioners is authorized to purchase from any licensed professional surveyor any survey and the related plats, maps and field notes with payment to be made from the county general fund. Laws 1912, ch. 34, § 1; Code 1915, § 1172; C.S. 1929, § 33-4001; 1941 Comp., § 15-3916; 1953 Comp., § 15-41-16; Laws 1973, ch. 4, § 11; 1973, ch. 258, § 141; 1981, ch. 14, § 2; 2011, ch. 56, § 15.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18505/index.doFetched: 10/20/2026