2021 New Mexico Statutes
Article 55A - County Improvement Districts
Section 4-55A-3 - Improvement district; authorization; limitation.

A. Whenever the board determines that the creation of an improvement district is necessary for the public safety, health or welfare, the board may create an improvement district for any one or any combination of projects authorized in the County Improvement District Act by the:
(1) provisional order method; or
(2) petition method.
B. The board may adopt any ordinance or resolution necessary or proper to accomplish the purposes of the County Improvement District Act.
C. The improvement district shall include for the purpose of assessment or imposition of an improvement district property tax all the property that the board determines is benefited by the improvement authorized by the County Improvement District Act, including property used for public, governmental, charitable or religious purposes, except that of the United States or any agency, instrumentality or corporation thereof in the absence of a consent of congress, but shall not include any property within the exterior boundaries of a municipality except as provided in Section 4-55A-5 NMSA 1978 and for purposes of the imposition of an improvement district, property tax shall not include real property exempt from property taxation.
History: Laws 1980, ch. 91, § 3; 1991, ch. 199, § 32; 1998, ch. 47, § 3.
The 1998 amendment, effective July 1, 1998, in Subsection A, substituted "the County Improvement District Act" for "Chapter 4, Article 55A NMSA 1978"; in Subsection C, inserted "or imposition of an improvement district property tax", substituted "that" for "which", substituted "the County Improvement District Act" for "Sections 4-55A-1 through 4-55A-39 NMSA 1978"; substituted "used" for "utilized" and inserted "and for purposes of the imposition of an improvement district, property tax shall not include real property exempt from property taxation".
The 1991 amendment, effective April 4, 1991, substituted "Chapter 4, Article 55A NMSA 1978" for "Section 4 of the County Improvement District Act" in Subsection A and, in Subsection C, inserted "authorized by Sections 4-55A-1 through 4-55A-39 NMSA 1978" near the beginning, substituted "Section 4-55A-5 NMSA 1978" for "Section 5 of the County Improvement District Act" at the end, and made a minor stylistic change.

Structure 2021 New Mexico Statutes

2021 New Mexico Statutes

Chapter 4 - Counties

Article 55A - County Improvement Districts

Section 4-55A-1 - Short title.

Section 4-55A-2 - Improvement district; definitions.

Section 4-55A-3 - Improvement district; authorization; limitation.

Section 4-55A-4 - Improvement district; purpose.

Section 4-55A-4.1 - Improvement district; additional purpose.

Section 4-55A-5 - Improvement district; powers of a county.

Section 4-55A-6 - Improvement district; limitations on powers of county with respect to street or right of way under jurisdiction of state transportation commission.

Section 4-55A-7 - Improvement district; provisional order method; procedure; preliminary lien; notice of pendency of district; effect.

Section 4-55A-8 - Improvement district; notice of assessment; protests.

Section 4-55A-9 - Improvement district; provisional order; protest; action in district court.

Section 4-55A-10 - Improvement district; petition method; requirements; distribution of costs; notice of hearing.

Section 4-55A-11 - Improvement district; notice of preliminary hearing.

Section 4-55A-12 - Improvement district; preliminary hearing; protest; action of the board; action in district court.

Section 4-55A-12.1 - Imposition of improvement district property tax; limitations.

Section 4-55A-13 - Improvement district; levy and collection of assessments prior to commencing improvement; special fund; misuse; penalty.

Section 4-55A-14 - Improvement district; advertising for bids; county may do work; contribution by governmental agency.

Section 4-55A-15 - Notice of bid; acceptance of bid.

Section 4-55A-16 - Improvement district; assessment of railroad property.

Section 4-55A-17 - Improvement district; assessment roll; notice of assessment hearing.

Section 4-55A-18 - Improvement district; filing of objections; assessment hearing; action of the board; appeal to district court.

Section 4-55A-19 - Improvement district; assessments; terms of payment; liens.

Section 4-55A-20 - Improvement district; authority to issue bonds or assignable certificates.

Section 4-55A-21 - Improvement district; rights of negotiable bondholders or assignable certificate holders.

Section 4-55A-22 - Improvement district; additional duties imposed on county.

Section 4-55A-23 - Improvement district; acceptance of deed in lieu of foreclosure.

Section 4-55A-24 - Improvement district; foreclosure; trustee may purchase at foreclosure of liens; contents of bid.

Section 4-55A-25 - Improvement district; title subject to redemption vests in trustee.

Section 4-55A-26 - Improvement district; private or public sale of property; redemption period; application for authorization; appraisement; disposition of proceeds.

Section 4-55A-27 - Improvement district; assessment funds; expenditures; misuse; penalties.

Section 4-55A-28 - Transfer of improvement district funds.

Section 4-55A-29 - Improvement district; reassessment after voiding of assessments; procedure.

Section 4-55A-30 - Improvement district; reassessment; defects waived; credit for previous payment.

Section 4-55A-31 - Improvement district; appeal to district court.

Section 4-55A-32 - Improvement district; payment of reassessment; continuing proceedings to collect assessment.

Section 4-55A-33 - Improvement district; appeal of reassessment; procedure exclusive.

Section 4-55A-34 - Improvement district; application of reassessment fund to outstanding indebtedness.

Section 4-55A-35 - Improvement district; refunding improvement bonds; authority.

Section 4-55A-36 - Refunding bonds; escrow; detail.

Section 4-55A-37 - Improvement district; ordinance for refunding bonds; conditions; sale or exchange.

Section 4-55A-38 - Improvement district; payment of assessment for refunding bond; maximum term; interest; prepayment; liens.

Section 4-55A-39 - Improvement district; construction of sections.

Section 4-55A-40 - Street and road improvement fund authorization.

Section 4-55A-41 - Street and road improvement fund; use.

Section 4-55A-42 - Street and road improvement fund; repurchasing bonds or certificates; pledging income.

Section 4-55A-43 - Street and road improvement fund; diverting proceeds from tax.