A. The purpose of Sections 3-7-11 through 3-7-16 NMSA 1978 is to establish an independent commission known as the "municipal boundary commission" to determine the annexation of territory to a municipality whenever:
(1) the municipality petitions the municipal boundary commission to annex territory to the municipality; or
(2) a majority of the landowners of the territory proposed to be annexed petition the municipal boundary commission to annex the territory to the municipality.
B. The municipal boundary commission shall hear a request for municipal annexation of a traditional historic community only upon petition of a majority of the qualified electors of the territory within the traditional historic community.
History: 1953 Comp., § 14-7-11, enacted by Laws 1965, ch. 300; 1995, ch. 170, § 3; 1995, ch. 211, § 2.
1995 amendments. — Identical amendments to this section were enacted by Laws 1995, ch. 170, § 3 and Laws 1995, ch. 211, § 2, both effective April 6, 1995, and approved April 16, 1995, which designated the former introductory paragraph as Subsection A and redesignated former Subsections A and B as Paragraphs (1) and (2) thereof; substituted "Sections 3-7-11 through 3-7-16 NMSA 1978" for "Sections 14-7-11 through 14-7-16 New Mexico Statutes Annotated, 1953 Compilation" in Subsection A; and added Subsection B. The section was set out as amended by Laws 1995, ch. 211, § 2. See 12-1-8 NMSA 1978.
Standards for judicial review. — Applying administrative standards of review to annexation decisions made pursuant to either arbitration or commission procedures are proper. Cox v. Municipal Boundary Comm'n, 1995-NMCA-120, 120 N.M. 703, 905 P.2d 741, cert. denied, 120 N.M. 636, 904 P.2d 1061.
Law reviews. — For note, "Annexation of Unincorporated Territory in New Mexico," see 6 Nat. Resources J. 83 (1966).
Structure New Mexico Statutes
Article 7 - Annexation of Territory
Section 3-7-1 - Methods of annexation.
Section 3-7-1.1 - Traditional historic community; qualifications; annexation restrictions.
Section 3-7-2 - Extension of utility service by municipality or other utility.
Section 3-7-3 - Limitation on annexation.
Section 3-7-5 - Annexation; arbitration; resolution of intent.
Section 3-7-6 - Annexation; arbitration; creation of board.
Section 3-7-8 - Annexation; arbitration; appointment of three members by municipality.
Section 3-7-9 - Annexation; arbitration; selection of seventh member; procedure; qualifications.
Section 3-7-10 - Annexation; arbitration; chairman; meetings; power of board; final determination.
Section 3-7-11 - Municipal boundary commission; purpose.
Section 3-7-13 - Contents of petition; submission to department of finance and administration.
Section 3-7-16 - Filing the order of the municipal boundary commission; annexation complete.
Section 3-7-17.1 - Annexation; certain municipalities in class A counties; procedures; limitations.