A. A local government may directly exercise its metropolitan redevelopment project powers or it may, by ordinance if it determines such action to be in the public interest, elect to delegate the exercise of such powers to the metropolitan redevelopment agency created pursuant to the Redevelopment Law [3-60A-5 to 3-60A-18 NMSA 1978]. If the local government so determines, the agency shall be vested with all of the powers in the same manner as though all the powers were conferred on the agency or authority instead of the local government.
B. As used in this section, the term "redevelopment project powers" includes any rights, powers, functions and duties of a local government authorized by the Redevelopment Law except the following, which are reserved to the local government, the power to:
(1) declare an area to be a slum or a blighted area or combination thereof and to designate the area as appropriate for a redevelopment project;
(2) approve or amend redevelopment plans;
(3) approve a general plan for the local government as a whole;
(4) make findings of necessity prior to preparation of a metropolitan redevelopment plan as provided in the Redevelopment Law and the findings and determinations required prior to approval of a metropolitan redevelopment plan or project as provided in the Redevelopment Law;
(5) issue general obligation bonds and revenue bonds as authorized by law;
(6) approve loans or grants;
(7) approve leases of more than one year's duration;
(8) issue redevelopment bonds; and
(9) appropriate funds and levy taxes and assessments.
History: Laws 1979, ch. 391, § 15; 2007, ch. 329, § 6; 2007, ch. 330, § 6; 2018, ch. 60, § 14.
The 2018 amendment, effective May 16, 2018, extended the powers and duties as identified in the Metropolitan Redevelopment Code from only municipalities to now include counties; replaced "municipality" and "governing body" with "local government" throughout the section; and in Subsection B, Paragraph B(5), after "as authorized", deleted "in the Municipal Code" and added "by law", and in Paragraph B(8) after "issue", deleted "municipal".
The 2007 amendment, effective June 15, 2007, eliminated the exercise of the power of eminent domain in Subsection B.
Structure New Mexico Statutes
Article 60A - Metropolitan Redevelopment
Section 3-60A-1 - Short title.
Section 3-60A-2 - Findings and declarations of necessity.
Section 3-60A-3 - Legislative intent.
Section 3-60A-4 - Definitions.
Section 3-60A-5 - Redevelopment Law; short title.
Section 3-60A-6 - Use of private enterprise and public powers.
Section 3-60A-7 - Finding of necessity by local government.
Section 3-60A-8 - Designation of a metropolitan redevelopment area.
Section 3-60A-9 - Preparation of a metropolitan redevelopment plan.
Section 3-60A-10 - Powers of local government.
Section 3-60A-12 - Disposal of property.
Section 3-60A-13 - Property exempt from taxes and from levy and sale by virtue of an execution.
Section 3-60A-13.1 - Payments in lieu of property taxes and assessments.
Section 3-60A-14 - Cooperation by public bodies.
Section 3-60A-15 - Exercise of powers in carrying out projects.
Section 3-60A-16 - Metropolitan redevelopment agency.
Section 3-60A-17 - Conflict of interest; misconduct.
Section 3-60A-18 - Other powers.
Section 3-60A-19 - Tax Increment Law; short title.
Section 3-60A-20 - Alternative method of financing.
Section 3-60A-21 - Tax increment procedures.
Section 3-60A-22 - Metropolitan redevelopment fund; creation; disbursement.
Section 3-60A-23 - Tax increment financing method approval.
Section 3-60A-23.1 - Tax increment bonds.
Section 3-60A-24 - Tax increment method; base value for distribution.
Section 3-60A-26 - Redevelopment Bonding Law; short title.
Section 3-60A-27 - Definitions.
Section 3-60A-28 - General powers.
Section 3-60A-29 - Revenue bonds; issuance.
Section 3-60A-30 - Bonds as legal investments.
Section 3-60A-31 - Revenue bonds; issuance; status.
Section 3-60A-32 - Revenue bonds; form and terms.
Section 3-60A-33 - Revenue bonds; bond security.
Section 3-60A-34 - Revenue bonds; terms of proceedings and instruments.
Section 3-60A-35 - Revenue bonds; investments and bank deposits.
Section 3-60A-36 - Revenue bonds; acquisition of project.
Section 3-60A-37 - Revenue bonds; limited obligation.
Section 3-60A-38 - Revenue bonds; rights upon default.
Section 3-60A-39 - Revenue bonds; determination of revenue.
Section 3-60A-40 - Revenue bonds; financing of project.
Section 3-60A-41 - Option to purchase.
Section 3-60A-42 - Revenue bonds; refunding.
Section 3-60A-43 - Revenue bonds; application of proceeds.
Section 3-60A-44 - No payment by local government.
Section 3-60A-45 - No local government operation.
Section 3-60A-46 - Limitation of actions.