Change of County Seats

NMSA 1978 ch. 4, art. 34

in effect

NMSA 1978, § 4-34-1 [Petition; number of signers; calling of election; deposit in certain cases; deeds to property for buildings; prohibited removals; limitation on elections.]

4-34-1. [Petition; number of signers; calling of election; deposit in certain cases; deeds to property for buildings; prohibited removals; limitation on elections.] Whenever the citizens of any county in this state shall present a petition to the board of county commissioners signed by qualified electors of said county equal in number to at least one-half the legal votes cast at the last preceding general election in said county, asking for the removal of the county seat of said county to some other designated place, which petition shall be duly recorded in the records of said county, said board shall make an order directing that the proposition to remove the county seat to the place named in the petition, be submitted to a vote of the qualified electors of said county at the next general election, if the same is to occur within one year of the time of presenting said petition, otherwise at a special election to be called for that purpose at any time within two months from the date of presenting said petition: provided, that whenever it is proposed to remove a county seat of any county which has public buildings consisting of a courthouse and jail, the original construction of which cost said county more than the sum of thirty thousand dollars ($30,000), such cost to be ascertained from the records of the board of county commissioners of said county, then before said board of commissioners shall make such order so submitting such proposition to remove the county seat, to the qualified voters of said county, [the board of commissioners] shall require from the petitioners or the persons interested in the removal of said county seat a deposit of forty thousand dollars ($40,000) in money, which said deposit shall be placed in the treasury of said county, which said sum of money when so placed in said treasury shall be used in the construction of a courthouse and jail in the event that the proposition for the removal shall receive a majority of the votes cast at such election, but such deposit shall not be required as a condition precedent to submitting such proposition for the removal in counties which have no courthouses and jails, the cost to the county of which, as ascertained from the records of said county commissioners is less than said sum of thirty thousand dollars ($30,000) as aforesaid; but the same shall be required in all cases when it is proposed to remove a county seat from a point situated on a railroad to another point also so situated: provided, further, that the city, town, village or place named in the petition to which it is proposed to remove said county seat shall be at least twenty miles distant from the then county seat of said county and said petitioners or persons interested in the removal of said county seat shall cause to be conveyed to said county, by a good and perfect title, in the event that the proposition for the removal shall receive a majority of the votes cast at such election, sufficient suitable land to be accepted, if containing as much as three-fourths of an acre for courthouse, jail and other buildings for such county, the deed for which shall be filed with and accepted by the board of county commissioners before calling said election which deed to be redelivered to the grantor therein named in case said proposition to remove said county seat fails to receive a majority of the votes cast at such election, and that no proposition to remove a county seat from a city, town, village or place, situated on a railroad, to one not so situated, shall be entertained or voted upon, and that no vote shall be ordered on substantially the same proposition more than once in ten years. Laws 1897, ch. 6, § 1; C.L. 1897, § 630; Laws 1909, ch. 80, § 2; Code 1915, § 1140; C.S. 1929, § 33-3501; 1941 Comp., § 15-3201; 1953 Comp., § 15-34-1.

NMSA 1978, § 4-34-2 [Notice of election; ballots; canvassing.]

4-34-2. [Notice of election; ballots; canvassing.] The county commissioners shall cause a certified copy of such order to be published in some newspaper of general circulation published in said county for four consecutive weeks immediately prior to such election, and by handbills posted up at three of the most public places in each precinct at least four weeks prior to such election. The ballots to be voted at such election shall have printed thereon the words: For county seat............, with the name of the place for which the voter desires to cast his ballot either printed or written thereon. Such ballots shall be canvassed as in elections for county officers and the returns of such election shall be certified by the county clerk to the secretary of state together with a certified copy of the order of the county commissioners and a sworn certificate of the publication thereof, to be filed in the office of said secretary. Laws 1897, ch. 6, § 2; C.L. 1897, § 631; Code 1915, § 1141; C.S. 1929, § 33-3502; 1941 Comp., § 15-3202; 1953 Comp., § 15-34-2.

NMSA 1978, § 4-34-3 Bonds for new building; bids

4-34-3. Bonds for new building; bids Should a majority of the votes at such election be cast in favor of the place named in the petition, the county seat shall be removed to that place, and it shall be the duty of the board of county commissioners, as soon as the citizens of that place have delivered the deed and paid over the sum of money mentioned in the written guaranty provided for in Section 4-34-1 NMSA 1978, to cause to be erected upon the site so provided a courthouse and jail to cost not to exceed three times the amount paid by the citizens, including said amount. For the purpose of such construction, the board of county commissioners is hereby authorized to issue bonds of that county in such form as the board of county commissioners shall determine, for such time and bearing such rate of interest as it may deem best, such bonds to be sold at, above or below par as permitted by the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978], or taken at par in payment for such construction. The contract for the construction of such buildings shall be let to the lowest responsible bidder after advertising the time and place of opening sealed bids for the same in a newspaper published in the county once a week for four consecutive weeks, such contractor to furnish a good and sufficient bond for the completion of such buildings according to the plans and specifications. Laws 1897, ch. 6, § 3; C.L. 1897, § 632; Code 1915, § 1142; C.S. 1929, § 33-3503; 1941 Comp., § 15-3203; 1953 Comp., § 15-34-3; Laws 1983, ch. 265, § 15.

NMSA 1978, § 4-34-4 [Removal to new county seat; neglect of officer; misdemeanor; penalty.]

4-34-4. [Removal to new county seat; neglect of officer; misdemeanor; penalty.] So soon as convenient buildings can be had at such new county seat the courts for said county shall be held therein, and so soon as the new courthouse and jail shall have been completed, the county commissioners shall cause all the county records, county offices and property pertaining thereto, and all county prisoners, to be removed to the new county seat. Any county commissioner or other county officer who shall neglect or refuse to carry out any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in a sum not less than five hundred dollars [($500)] nor more than one thousand dollars [($1,000)], which fine may be collected by a suit on his official bond and shall be paid over to the county treasurer for the general county fund. Laws 1897, ch. 6, § 4; C.L. 1897, § 633; Code 1915, § 1143; C.S. 1929, § 33-3504; 1941 Comp., § 15-3204; 1953 Comp., § 15-34-4.

NMSA 1978, § 4-34-5 [Notice of establishment of new county seat; pending actions and proceedings.]

4-34-5. [Notice of establishment of new county seat; pending actions and proceedings.] When a new county seat shall have been established in accordance with this article the county commissioners shall cause due notice thereof to be published in some newspaper of general circulation published in said county for four consecutive weeks, and all suits, actions, process, prosecutions and proceedings already commenced or that may be commenced shall proceed to final judgment and execution at such new county seat. Laws 1897, ch. 6, § 5; C.L. 1897, § 634; Code 1915, § 1144; C.S. 1929, § 33-3505; 1941 Comp., § 15-3205; 1953 Comp., § 15-34-5.

NMSA 1978, § 4-34-6 [City cooperating in erection of buildings; bonds; taxation.]

4-34-6. [City cooperating in erection of buildings; bonds; taxation.] Hereafter when the county seat of any county in this state shall be established at any incorporated city and the council of such city shall desire to join with said county in the erection of a public building to be used as a courthouse and jail, as well as for city purposes, such council may issue bonds of such city for the purpose of such construction and the purchase of suitable grounds for such buildings, not to exceed in amount three percent upon the total value of all the taxable property within the limits of such city, as shown by the last preceding general assessment for the purpose of taxation: provided, the total indebtedness of such city, including such bonds, shall not exceed four per centum of the total value of all taxable property within the limits of such city according to such last preceding general assessment. Such bonds may be payable in such time and manner and with such rate of interest not to exceed six per centum per annum as such council shall prescribe; and it shall be the duty of such council, or the county commissioners of said county, as the case may be, to cause to be levied and collected in the manner and at the time of the levying and collecting other taxes each year and until such bonds and interest thereon shall be fully paid, a special tax upon all taxable property in the said city sufficient in amount to meet the interest and create a sinking fund to pay said bonds at maturity in accordance with the provisions thereof. Laws 1897, ch. 33, § 1; C.L. 1897, § 635; Code 1915, § 1145; C.S. 1929, § 33-3506; 1941 Comp., § 15-3206; 1953 Comp., § 15-34-6.

NMSA 1978, § 4-34-7 [City cooperating; amount of bonds required; city to have perpetual use.]

4-34-7. [City cooperating; amount of bonds required; city to have perpetual use.] The county commissioners of such county are hereby authorized to join with the council of such city in the construction of such building: provided, the par value of the bonds so issued and contributed by such city shall equal the cost of the grounds for such building. The [, the] amount of the cash contribution provided by law to be made by the city to which the county seat shall be removed, and a sufficient sum in addition thereto to cover the costs of the additional space to be used for city purposes; and upon completion of said building to give such city a lease for the perpetual use of such portion of said building as it may be entitled to; and also to arrange for the keeping of city prisoners in said jail. Laws 1897, ch. 33, § 2; C.L. 1897, § 636; Code 1915, § 1146; C.S. 1929, § 33-3507; 1941 Comp., § 15-3207; 1953 Comp., § 15-34-7.

NMSA 1978, § 4-34-8 [City cooperating; sale of bonds; construction by commissioners; maintenance.]

4-34-8. [City cooperating; sale of bonds; construction by commissioners; maintenance.] Such bonds shall be sold at par or taken at par in payment for grounds or building, and such bonds shall be delivered to the county commissioners or to such person as they may designate to have charge of the construction and payment for such building. The contract for such construction shall be let by the county commissioners, and said grounds and building shall belong to the county, and the county shall have the right to charge and collect from such city its proper share of the cost of maintenance, repair and insurance thereof. Laws 1897, ch. 33, § 3; C.L. 1897, § 637; Code 1915, § 1147; C.S. 1929, § 33-3508; 1941 Comp., § 15-3208; 1953 Comp., § 15-34-8.

NMSA 1978, § 4-34-9 [City cooperating; bonds and deeds may be in lieu of cash contribution.]

4-34-9. [City cooperating; bonds and deeds may be in lieu of cash contribution.] Such county commissioners shall receive and accept bonds of such city issued according to this article, together with an agreement duly executed by the owners of suitable grounds for said public building, to execute a good and sufficient deed conveying the same to said county in exchange for a certain amount of said bonds in lieu of the cash contribution and guaranty provided by law in case of removal of county seats. Laws 1897, ch. 33, § 4; C.L. 1897, § 638; Code 1915, § 1148; C.S. 1929, § 33-3509; 1941 Comp., § 15-3209; 1953 Comp., § 15-34-9.

NMSA 1978, § 4-34-10 [Tax levy for payment of bonds.]

4-34-10. [Tax levy for payment of bonds.] In case of a removal of the county seat as provided by law and the issue of bonds by any county for the purpose of constructing county buildings, it shall be the duty of the county commissioners of such county to cause to be levied and collected at the time and in the manner of levying and collecting other taxes, each year until said bonds and the interest thereon are fully paid, a special tax upon all taxable property within said county sufficient to pay the interest on such bonds and to create a sinking fund to retire said bonds at maturity in accordance with the provisions thereof. Laws 1897, ch. 33, § 5; C.L. 1897, § 639; Code 1915, § 1149; C.S. 1929, § 33-3510; 1941 Comp., § 15-3210; 1953 Comp., § 15-34-10.

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