2021 New Mexico Statutes
Article 38 - Administration and Enforcement of Property Taxes
Section 7-38-13 - Statement of decrease in value of property subject to local valuation.

A. No later than the last day of February of a tax year, any owner of property subject to valuation by the county assessor who believes that the value of his property has decreased in the previous tax year may file with the county assessor a signed statement describing the property affected, the cause and nature of the decrease in value and the amount by which the owner contends the valuation of the property has been decreased. Prior to determining the value of the property, the county assessor or an employee of the assessor must view the property described in the statement. The county assessor shall note on the back of the statement the date the property was viewed, by whom it was viewed and any action taken or to be taken as a result. The provisions of this subsection include a decrease in valuation of property due to a change in ownership, location or existence of personal property subject to local valuation, and in those cases the assessor or his employee shall verify the alleged change and make an appropriate notation of the date of verification, the person who made it and any action taken or to be taken as a result.
B. Reports required or authorized under this section to be filed by the owner of property may be filed by the owner's authorized agent.
History: 1953 Comp., § 72-31-13, enacted by Laws 1973, ch. 258, § 53; 1991, ch. 213, § 2.
The 1991 amendment, effective January 1, 1992, deleted "Statement of improvements to real property subject to local valuation" in the section heading; deleted former Subsection A, relating to filing a statement of improvements to real property subject to local valuation; designated former Subsections B and C as Subsections A and B; and made minor stylistic changes in Subsection A.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 72 Am. Jur. 2d State and Local Taxation §§ 765, 766.

Structure 2021 New Mexico Statutes

2021 New Mexico Statutes

Chapter 7 - Taxation

Article 38 - Administration and Enforcement of Property Taxes

Section 7-38-1 - Applicability.

Section 7-38-2 - Investigative authority and powers.

Section 7-38-3 - Information reports.

Section 7-38-4 - Confidentiality of information.

Section 7-38-5 - Repealed.

Section 7-38-6 - Presumption of correctness.

Section 7-38-7 - Valuation date.

Section 7-38-7.1 - Valuation date; tangible personal property; construction contractors.

Section 7-38-8 - Reporting of property for valuation; penalties for failure to report.

Section 7-38-8.1 - Division to adopt regulations to require reporting of exempt property.

Section 7-38-9 - Description of property for property taxation purposes.

Section 7-38-10 - Department may insure compliance with mapping and description of real property regulations by departmental installation of required system; reimbursement by county of costs incurred.

Section 7-38-11 - Property reported in the wrong county.

Section 7-38-12 - Property transfers; copies of documents to be furnished to assessor; penalty for violation.

Section 7-38-12.1 - Residential property transfers; affidavit to be filed with assessor.

Section 7-38-12.2 - Penalties.

Section 7-38-13 - Statement of decrease in value of property subject to local valuation.

Section 7-38-14 - Tabulation of construction permits; information required to be furnished to county assessors.

Section 7-38-15 - Information on real property sold, purchased, contracted to be sold or purchased, or exchanged by governmental bodies to be sent to or obtained by the department; department to compile and send information to county assessors.

Section 7-38-16 - Condemnation proceedings; duty of condemning authority to notify county assessor.

Section 7-38-17 - Claiming exemptions; requirements; penalties.

Section 7-38-17.1 - Presumption of nonresidential classification; declaration of residential classification.

Section 7-38-18 - Publication of notice of certain provisions relating to reporting property for valuation and claiming of exemptions.

Section 7-38-19 - Valuation records.

Section 7-38-20 - County assessor and department to mail notices of valuation.

Section 7-38-20.1 - Temporary provision; additional instructions to assessors and treasurers; special requirements for 2004 veteran exemption; newly eligible veterans.

Section 7-38-21 - Protests; election of remedies.

Section 7-38-22 - Protesting values, classification, allocation of values and denial of exemption determined by the division.

Section 7-38-23 - Protest hearings; verbatim record; action by hearing officer; time limitations.

Section 7-38-24 - Protesting values, classification, allocation of values and denial of exemption or limitation on increase in value determined by the county assessor.

Section 7-38-25 - County valuation protests boards; creation; duties; funding.

Section 7-38-26 - Scheduling of protest hearings.

Section 7-38-27 - Protest hearings; verbatim record; action by county valuation protests board; time limitations.

Section 7-38-28 - Appeals from orders of the hearing officer or county valuation protests boards.

Section 7-38-29 - Retention of hearing records.

Section 7-38-30 - Department to allocate and certify valuations to county assessors.

Section 7-38-31 - County assessor to certify net taxable values to the department.

Section 7-38-32 - Department to prepare a compilation of net taxable values to be used for budget making and rate setting.

Section 7-38-33 - Department of finance and administration to set tax rates.

Section 7-38-34 - Board of county commissioners to order imposition of the tax.

Section 7-38-35 - Preparation of property tax schedule by assessor.

Section 7-38-36 - Preparation and mailing of property tax bills.

Section 7-38-36.1 - Administrative fee to be charged if property tax is less than five dollars ($5.00).

Section 7-38-36.2 - Procedures to delay the mailing of property tax bills for counties for which a property tax levy is imposed at the November 2019 or 2021 regular local election to put the question of imposing or renewing a levy before the voters.

Section 7-38-37 - Contents of property tax bill.

Section 7-38-38 - Payment of property taxes; installment due dates; refund in cases of overpayments.

Section 7-38-38.1 - Recipients of revenue produced through ad valorem levies required to pay counties administrative charge to offset collection costs.

Section 7-38-38.2 - Prepayment of certain property tax installments; resolution by board of county commissioners.

Section 7-38-38.3 - Optional prepayment of property taxes in monthly payments.

Section 7-38-39 - Protesting values; claim for refund.

Section 7-38-40 - Claims for refund; civil action.

Section 7-38-41 - Protested property taxes; suspense fund; refunds; interest.

Section 7-38-42 - Collection and receipt of and accounting for property taxes; application of receipts to delinquent taxes.

Section 7-38-43 - Distribution of receipts from collected property taxes, penalties and interest.

Section 7-38-44 - Special procedures for administration of taxes on personal property when probable removal of property from state will jeopardize collection of taxes.

Section 7-38-44.1 - Special procedures for administration of taxes on real property divided or combined.

Section 7-38-45 - Special provisions relating to administration of taxes on livestock.

Section 7-38-46 - Delinquent property taxes.

Section 7-38-47 - Property taxes are personal obligation of owner of property.

Section 7-38-48 - Property taxes are a lien against real property from January 1; priorities; continuance of taxing process.

Section 7-38-49 - Unpaid property taxes; imposition of interest.

Section 7-38-50 - Delinquent taxes; civil penalties.

Section 7-38-51 - Notification to property owner of delinquent property taxes.

Section 7-38-52 - Notification to motor vehicle division of unpaid property taxes on manufactured homes; notice of filing constitutes lien on vehicle.

Section 7-38-53 - Collection of delinquent property taxes on personal property; assertion of claim against personal property.

Section 7-38-54 - Demand warrant; contents.

Section 7-38-55 - Surrender of personal property; penalty for refusal.

Section 7-38-56 - Release of personal property seized.

Section 7-38-57 - Notice of sale of personal property.

Section 7-38-58 - Personal property sale requirements.

Section 7-38-59 - Certificates of sale; effect of certificates of sale.

Section 7-38-60 - Notification to property owner of delinquent taxes.

Section 7-38-61 - Real property taxes delinquent for more than two years; treasurer to prepare delinquency list; notation on property tax schedule.

Section 7-38-62 - Authority of department to collect delinquent property taxes after receipt of tax delinquency list; allowing an authorized county treasurer to act as an agent of the department; use of penalties, interest and costs.

Section 7-38-63 - Payment of delinquent taxes to the department; distribution.

Section 7-38-64 - Repealed.

Section 7-38-65 - Collection of delinquent taxes on real property; sale of real property.

Section 7-38-66 - Sale of real property for delinquent taxes; notice of sale.

Section 7-38-67 - Real property sale requirements.

Section 7-38-67.1 - Sale of abandoned real property; notice of sale; requirements.

Section 7-38-68 - Installment agreements.

Section 7-38-69 - Distribution of amounts collected under installment agreements.

Section 7-38-70 - Issuance of deeds as result of sale of real property for delinquent taxes; effect of deeds; limitation of action to challenge conveyance.

Section 7-38-71 - Distribution of amounts received from sale of property.

Section 7-38-72 - Notation on property tax schedule by county treasurer when property sold for delinquent taxes.

Section 7-38-73 - Department of finance and administration to promulgate regulations regarding accounting for and distribution of property taxes collected.

Section 7-38-74 - Officers and employees engaged in the administration of the property tax prohibited from buying property sold for delinquent property taxes; penalties for violation; sales of real property in violation declared void.

Section 7-38-75 - Exception to property tax due date.

Section 7-38-76 - Property subject to property taxation but omitted from property tax schedules in prior years.

Section 7-38-77 - Authority to make changes in property tax schedule after its delivery to the county treasurer.

Section 7-38-77.1 - Changes in property tax schedule ordered by the department of finance and administration.

Section 7-38-78 - Action by property owner in district court to change property tax schedule.

Section 7-38-79 - Changes in property tax schedule ordered by the division; action by the division in district court to enforce ordered changes.

Section 7-38-80 - Changes in property tax schedules as result of treasurer's action, department order or court order; collection of any additional property taxes due as result; refund of property taxes paid erroneously.

Section 7-38-81 - Limitation on actions for collection of property taxes; presumption of payment of property taxes after ten years.

Section 7-38-81.1 - Limitation on actions for collection of any levy or assessment in the form of property taxes; presumption of payment after ten years.

Section 7-38-82 - Duty of persons responsible for administration of property tax to ascertain the names of owners of property; use of term "unknown owner" prohibited except in certain cases; validity of procedures when name of owner is incorrect or u...

Section 7-38-83 - Timeliness.

Section 7-38-84 - Notices; mailing.

Section 7-38-85 - Extension of deadlines; general provision.

Section 7-38-86 - Extension of deadlines at request of property owners.

Section 7-38-87 - Administrative regulations; promulgation; general provisions.

Section 7-38-88 - Repealed.

Section 7-38-89 - Validity of certain regulations; judicial review.

Section 7-38-90 - Repealed.

Section 7-38-91 - Repealed.

Section 7-38-92 - Attempts to evade or defeat the property tax.

Section 7-38-93 - Interference with the administration of the Property Tax Code.