New Mexico Statutes
Article 18 - Powers of Municipalities
Section 3-18-8 - Cemeteries.

A municipality may:
A. cause any cemetery to be removed;
B. prohibit the establishment of a cemetery within one mile of the municipal boundary; and
C. regulate cemeteries within the planning and platting jurisdiction of the municipality.
History: 1953 Comp., § 14-17-6, enacted by Laws 1965, ch. 300.
Cross references. — For municipal cemeteries, see 3-40-1 NMSA 1978 et seq.
For tax exemption of nonprofit cemeteries, see N.M. Const., art. VIII, § 3.
For school sections used for cemetery purposes, see 19-7-23, 19-7-24 NMSA 1978.
For Endowed Care Cemetery Act, see Chapter 58, Article 17 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 Am. Jur. 2d Cemeteries § 6.
Validity and reasonableness of rules and regulations of cemetery company or association as to improvement or care of lots, 32 A.L.R. 1406, 47 A.L.R. 70.
Continued use of property for burial purposes as a condition subsequent of a conveyance or dedication of land for that purpose, 47 A.L.R. 1174.
Injunction against closing or obstructing street or highway, right of one whose access to cemetery is thereby impaired to maintain suit for, 68 A.L.R. 1293.
Constitutionality of statute or ordinance requiring or permitting removal of bodies from cemeteries, 71 A.L.R. 1040.
Lien on cemetery property, rights and remedies of holders, 90 A.L.R. 444.
Right to exclude from privilege of burial, 110 A.L.R. 388.
Crematories, municipal regulation of, 113 A.L.R. 1132.
Zoning regulations, variations or exceptions from, 168 A.L.R. 90.
Monuments, vaults and the like, validity and construction of regulations as to, by cemetery company, 174 A.L.R. 977.
Gift for maintenance or care of private cemetery or burial lot, or of tomb or of monument, including the erection thereof, as valid trust, 47 A.L.R.2d 596.
Location of cemetery, validity of public prohibition or regulation of, 50 A.L.R.2d 905.
Nuisance, cemetery or burial ground as, 50 A.L.R.2d 1324.
Condemnation: municipal power to condemn land for cemetery, 54 A.L.R.2d 1322.
Zoning regulations in relation to cemeteries, 96 A.L.R.3d 921.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 3 - Municipalities

Article 18 - Powers of Municipalities

Section 3-18-1 - General powers; body politic and corporate powers.

Section 3-18-2 - Prohibition on municipal taxing power.

Section 3-18-3 - Animals.

Section 3-18-4 - Buildings; construct, purchase, rehabilitate, care for.

Section 3-18-5 - Dangerous buildings or debris; removal; notice; right of municipality to remove; lien.

Section 3-18-6 - Building construction and restrictions; establishing fire zones.

Section 3-18-7 - Additional county and municipal powers; flood and mudslide hazard areas; flood plain permits; land use control; jurisdiction; agreement.

Section 3-18-8 - Cemeteries.

Section 3-18-9 - Census.

Section 3-18-10 - Power of eminent domain; purposes; proceedings.

Section 3-18-11 - Fire prevention and protection; insurance for volunteer firemen.

Section 3-18-11.1 - Fingerprinting of fireman applicants required; authorization for municipality to communicate such information to the federal bureau of investigation.

Section 3-18-12 - Food and merchandise; regulation and inspection.

Section 3-18-13 - Industrial nuisances and nauseous locations; regulation and prohibition.

Section 3-18-14 - Municipal libraries; establishment; contract services; state publications; gifts and bequests.

Section 3-18-15 - Works of art; other works; acquisition and maintenance.

Section 3-18-16 - Markets and market places.

Section 3-18-17 - Nuisances and offenses; regulation or prohibition.

Section 3-18-18 - Parks.

Section 3-18-19 - Park and recreation construction authorized.

Section 3-18-20 - Police ordinances; county jails.

Section 3-18-21 - Railroads; street railroads; crossings.

Section 3-18-22 - Requirement for sanitary facilities; notice to owners; failure to comply; municipality to perform work; lien; interest.

Section 3-18-23 - Steam boiler inspection.

Section 3-18-24 - Licensing and regulating secondhand and junk stores.

Section 3-18-25 - Water systems; sewers; assessments.

Section 3-18-26 - Toll bridges.

Section 3-18-27 - Trees and shrubs.

Section 3-18-28 - Municipal employees' retirement system.

Section 3-18-29 - [Foreign-trade zones.]

Section 3-18-30 - Parking citations; certain municipalities; administrative cost assessment.

Section 3-18-31 - Sale of gasoline; authority of the municipality.

Section 3-18-32 - Limitation of county and municipal restrictions on solar collectors.