Creation or Change of Counties

NMSA 1978 ch. 4, art. 33

in effect

NMSA 1978, § 4-33-1 [Annexation of a portion of a county to another county; reasons.]

4-33-1. [Annexation of a portion of a county to another county; reasons.] Whenever, because of the location and conditions of roads, or the existence or nonexistence of transportation facilities, it will be more convenient for the residents of any portion of a county to travel to the county seat of some other contiguous county, and because of such location and condition of roads or the existence or nonexistence of transportation facilities, it will be more convenient and economical for such other county to render governmental services to such portion of such other county, the portion of the county so affected may be annexed to such other county in the following manner. 1941 Comp., § 15-3305, enacted by Laws 1947, ch. 196, § 1; 1953 Comp., § 15-33-1.

NMSA 1978, § 4-33-2 [Petition for annexation.]

4-33-2. [Petition for annexation.] 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 showing the existence of the conditions described in Section 1 [4-33-1 NMSA 1978] hereof and shall accurately set out the boundaries of the portion of the county proposed to be annexed. 1941 Comp., § 15-3306, enacted by Laws 1947, ch. 196, § 2; 1953 Comp., § 15-33-2.

NMSA 1978, § 4-33-3 Contest; notice of election

4-33-3. Contest; notice of election 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 days after the publication of the notice, but not thereafter, any resident of either of the counties affected, on behalf of the resident and all others similarly situated, may bring an action in the district court of the county in which the area proposed to be annexed is located, against any one or more of the signers of the petition, alleging that the petition has not been executed by the requisite number of signers or that the area to be annexed is not accurately described or that the conditions described in Section 4-33-1 NMSA 1978 do not exist. The judge, after hearing, shall make a determination as to whether the allegations of the petition are well taken. If the judge shall determine that the allegations of the petition are well taken, the judge shall enter an order. If the order is not stayed, it shall be the duty of the board of county commissioners to call an election to be held within ninety days within the county of the area proposed to be annexed; provided that the date is not in conflict with the provisions of Section 1-24-1 NMSA 1978. The county clerk shall cause a notice of election to be published two times in a newspaper of general circulation in the county, the last publication thereof to be at least seven days before the date of the election. The notice shall specify whether the proposed annexation shall appear as a ballot question in a statewide election or specify the date a special election will be held as prescribed in the Election Code [Chapter 1, NMSA 1978]. At the election, all qualified electors who reside within the county shall be entitled to vote. 1941 Comp., § 15-3307, enacted by Laws 1947, ch. 196, § 3; 1951, ch. 148, § 1; 1953 Comp., § 15-33-3; 2019, ch. 212, § 188.

NMSA 1978, § 4-33-4 [Judges for election; form of ballots.]

4-33-4. [Judges for election; form of ballots.] 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 commissioners of................ county be annexed to............ county? For annexation............ Against annexation............ " 1941 Comp., § 15-3308, enacted by Laws 1947, ch. 196, § 4; 1953 Comp., § 15-33-4.

NMSA 1978, § 4-33-5 [Counting and canvassing of votes.]

4-33-5. [Counting and canvassing of votes.] 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 voting shall have voted for the annexation, the area as described in the petition shall be annexed to the other county as provided in said petition. 1941 Comp., § 15-3309, enacted by Laws 1947, ch. 196, § 5; 1953 Comp., § 15-33-5.

NMSA 1978, § 4-33-6 Copies of certificate of election; publication; delivery

4-33-6. Copies of certificate of election; publication; delivery 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 cause a copy to be delivered to the department of finance and administration, the taxation and revenue department and the county assessor of each county affected. 1941 Comp., § 15-3310, enacted by Laws 1947, ch. 196, § 6; 1953 Comp., § 15-33-6; Laws 1995, ch. 12, § 1.

NMSA 1978, § 4-33-7 [Effective date of annexation; effect of outstanding indebtedness.]

4-33-7. [Effective date of annexation; effect of outstanding 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 school district in which such area was originally located, the annexation shall not be complete for debt service purposes until such indebtedness is discharged in full. 1941 Comp., § 15-3311, enacted by Laws 1947, ch. 196, § 7; 1953 Comp., § 15-33-7.

NMSA 1978, § 4-33-8 [Taking part of territory from existing county; indebtedness of existing county; taxation by new county.]

4-33-8. [Taking part of territory from existing county; indebtedness 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 in this article [4-33-8 and 4-33-9 NMSA 1978] shall be construed to release any of the citizens or property, subject at that time or which may thereafter become subject to taxation within the exterior boundaries of the territory so taken, unless such indebtedness has been otherwise provided for, and the board of county commissioners of such new county or of the county to which such territory has been added is hereby authorized and required to levy annually a tax which shall be assessed and collected by the assessor and collector at the time and in the manner that other taxes are assessed, levied and collected in said county upon all the citizens and residents and property subject or which may thereafter become subject to taxation within the limits of the territory so taken as the same legally existed and is established at the time the said territory is taken: provided, that said tax shall be uniform between the county gaining and the county losing the territory. The board of county commissioners of the county whose territory has been taken shall notify the board of county commissioners of such new county to which territory has been added of the amount of the levy and for the purposes above specified immediately upon the same being made; and no adjournment of either board of county commissioners, when convened for making the levies for the purposes of taxation, shall be had until the levy herein provided for in this article shall have been made. Laws 1903, ch. 20, § 1; Code 1915, § 1119; C.S. 1929, § 33-3101; 1941 Comp., § 15-3101; 1953 Comp., § 15-33-8.

NMSA 1978, § 4-33-9 [Disposition of taxes collected.]

4-33-9. [Disposition of taxes collected.] 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, on or before the fifteenth day of each month. Laws 1903, ch. 20, § 2; Code 1915, § 1120; C.S. 1929, § 33-3102; 1941 Comp., § 15-3102; 1953 Comp., § 15-33-9.

NMSA 1978, § 4-33-10 [Taking entire county; indebtedness of old county; taxation.]

4-33-10. [Taking entire county; indebtedness of old county; taxation.] Should an entire county having an outstanding indebtedness, bonded or otherwise, be taken so as to form a new county or be absorbed into another county already existing, it is hereby made the duty of the board of county commissioners of such new county, or of the county into which such entire new county may have been absorbed, annually to levy a tax which shall be assessed and collected by the assessor and collector of said county at the time and in the manner that other taxes are levied, assessed and collected in said county, unless such indebtedness has been otherwise provided for, upon all citizens, residents and property now subject or which may herein be subject to taxation within the limits of the county so taken or absorbed as herein mentioned sufficient to pay the interest or principal or both of such outstanding indebtedness in the same manner and to the same extent as was or would be required of the county commissioners of the county so taken or absorbed had the same not been taken or absorbed. Laws 1903, ch. 20, § 3; Code 1915, § 1121; C.S. 1929, § 33-3301; 1941 Comp., § 15-3103; 1953 Comp., § 15-33-10.

NMSA 1978, § 4-33-11 [Retention of court jurisdiction on creation or change of county.]

4-33-11. [Retention of court jurisdiction on creation or change of county.] The jurisdiction of the courts of this state to proceed to final determination or settlement of all civil and criminal actions and probate proceedings pending therein shall in no wise be affected by the creation of a new county or by any other change of the boundary lines of any county, and the court in which such action or proceeding is then pending shall retain full jurisdiction of such action or proceeding to final judgment or decree, subject only to change of venue or appeals, as provided by law. Laws 1899, ch. 55, § 1; Code 1915, § 1122; C.S. 1929, § 33-3302; Laws 1939, ch. 76, § 1; 1941 Comp., § 15-3104; 1953 Comp., § 15-33-11.

NMSA 1978, § 4-33-12 [Transcription of certain records.]

4-33-12. [Transcription of certain records.] That whenever a new county has been created out of any county or counties of the state of New Mexico it shall be the duty of the board of county commissioners of the new county to arrange within thirty days from the time said commissioners qualify, for the transcribing of all that portion of the records on file in the office of the probate clerk and recorder of the original county or counties which affect persons, real estate and personal property situate or being in the new county. Laws 1899, ch. 70, § 1; Code 1915, § 1123; Laws 1917, ch. 106, § 1; C.S. 1929, § 33-3303; 1941 Comp., § 15-3105; 1953 Comp., § 15-33-12.

NMSA 1978, § 4-33-13 [Cost of transcription; certificate.]

4-33-13. [Cost of transcription; certificate.] 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 person or persons or by hiring responsible and competent persons for such work but in no event shall the price paid therefor exceed the sum of ten (10) cents per hundred (100) words for transcribing deeds and such printed or written matter or the sum of five cents [($.05)] per square inch for the reproduction of maps, plats, etc. Provided, that no instrument shall be required to be transcribed for less than twenty-five (25) cents or any map or plat reproduced for less than one ($1.00) dollar. When the transcription of such records shall have been completed the person or persons making such transcription shall enter, upon the last page of such new records created or upon the face of such plat or maps reproduced, a certificate under oath, that the same are true and correct copies of the instruments as originally recorded. Laws 1899, ch. 70, § 2; Code 1915, § 1124; Laws 1917, ch. 106, § 2; C.S. 1929, § 33-3304; 1941 Comp., § 15-3106; 1953 Comp., § 15-33-13.

NMSA 1978, § 4-33-14 [Transcription; effect; evidence.]

4-33-14. [Transcription; effect; evidence.] 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 record and be of the same force and effect and impart notice equally with original records, and certified copies of the transcribed records or any part thereof made by the county clerk of said new county shall be receivable in evidence in the same manner certified copies of such original records would have been so received. Laws 1899, ch. 70, § 3; Code 1915, § 1125; C.S. 1929, § 33-3305; 1941 Comp., § 15-3107; 1953 Comp., § 15-33-14.

NMSA 1978, § 4-33-15 [Transcriptions made prior to 1899 validated.]

4-33-15. [Transcriptions made prior to 1899 validated.] 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 transcription shall have the same force and effect and certified copies or any part thereof shall be receivable in evidence as above provided for counties which shall have such transcription after March 16th, 1899. Laws 1899, ch. 70, § 4; Code 1915, § 1126; C.S. 1929, § 33-3306; 1941 Comp., § 15-3108; 1953 Comp., § 15-33-15.

NMSA 1978, § 4-33-16 [Payment for transcription; county clerk; deferred payments.]

4-33-16. [Payment for transcription; county clerk; deferred 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 books of record in which the transcripts had been entered and a charge at the rate of fifteen cents [($.15)] per one hundred words for copying, comparing, indexing and certifying the transcripts of records and he shall be allowed interest on all deferred payments at six percent per annum. Laws 1907, ch. 28, § 2; Code 1915, § 1128; C.S. 1929, § 33-3308; 1941 Comp., § 15-3110; 1953 Comp., § 15-33-17.

NMSA 1978, § 4-33-17 Annexation by resolution; notification of secretary of state; challenge

4-33-17. Annexation by resolution; notification of secretary of state; 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 resolutions shall state the facts permitting such transfer by this method and a description of the territory to be transferred. The county clerks shall forward a copy of each resolution to the secretary of state. The county to which the territory is to be transferred shall place the territory within one or more of its voting precincts and so notify the secretary of state for compliance with election laws. Any aggrieved property owner or qualified elector within the annexed territory may file an action in the district court; if no action is filed within the ninety days, the transfer of the territory shall take place in accordance with the provisions of Section 4-33-7 NMSA 1978. 1978 Comp., § 4-33-17, enacted by Laws 1985, ch. 64, § 1.

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