A. Resident electors of an area without a district may petition the board of county commissioners to add the area to the district. The petition shall define the boundaries of the land desired to be annexed and give other information pertinent to such proposal. The petition shall be signed by twenty-five or more resident electors of the territory described, if fifty or more resident electors are involved, or by a majority if less than fifty resident electors are involved.
B. Within thirty days after the petition is filed, the board shall cause due notice to be given, as provided in Section 7 [4-52-7 NMSA 1978], of hearing on the petition. All interested parties have a right to attend the hearing and be heard. The board shall determine whether the lands described in the petition or any portion thereof shall be included in the district. If all the resident electors of the territory involved are not petitioners, a referendum shall be held within the territory as provided in Sections 7 through 10 [4-52-7 to 4-52-10 NMSA 1978] of the Refuse Disposal Act, before making a final determination. If it is determined that the land should be added, this fact shall be certified by the board of county commissioners to the county clerk.
History: 1953 Comp., § 15-52-12, enacted by Laws 1959, ch. 194, § 12.
Cross references. — For area includable within district, see 4-52-5 NMSA 1978.
For procedure for creation of district, see 4-52-6 to 4-52-10 NMSA 1978.
Structure 2021 New Mexico Statutes
Article 52 - Refuse Disposal Districts
Section 4-52-3 - Purpose of act.
Section 4-52-4 - Application of act.
Section 4-52-7 - Hearing; notice.
Section 4-52-10 - Votes; results.
Section 4-52-10.1 - Creation; alternate procedure.
Section 4-52-12 - Addition of land.
Section 4-52-13 - Detaching land.