All civil actions not otherwise required by law to be brought in the district court of Santa Fe county, wherein any municipality or board of county commissioners is a party defendant, shall be instituted only in the district court of the county in which such municipality is located, or for which such board of county commissioners is acting.
History: Laws 1939, ch. 85, § 1; 1941 Comp., § 19-502; 1953 Comp., § 21-5-2.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Section is one fixing venue and not jurisdiction. State ex rel. Bd. of Cnty. Comm'rs v. Board of Cnty. Comm'rs, 1954-NMSC-124, 59 N.M. 9, 277 P.2d 960).
Declaratory action by city against village to determine authority over subdivision, platting and zoning of certain lands. — Venue in a declaratory suit by the city of Albuquerque against the village of Corrales and its mayor, to secure a determination of the city's authority over the subdivision, platting and zoning of lands lying within Bernalillo county within five miles of the city's boundary should have been laid in adjoining Sandoval county, where Corrales maintained all of its municipal offices and wherein all the territory it encompassed lay, except for lands which it had purportedly annexed, in Bernalillo county; the subdivision, platting and zoning authority of Albuquerque over the land in question was not an interest in land within the contemplation of Subsection D(1) of 38-3-1 NMSA 1978 and the applicable venue statute was this section. City of Albuquerque v. Village of Corrales, 1975-NMSC-043, 88 N.M. 185, 539 P.2d 205.
Applicability to federal claims. — The venue provisions of this section applied to federal civil rights claims against board of county commissioners. Williams v. Board of Cnty. Comm'rs, 1998-NMCA-090, 125 N.M. 445, 963 P.2d 522, cert. denied, 125 N.M. 654, 964 P.2d 818.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Public officers, proceedings against, 48 A.L.R.2d 423.
Change of venue as justified by fact that large number of inhabitants of local jurisdiction have interest adverse to party to state civil action, 10 A.L.R.4th 1046.
20 C.J.S. Counties § 260; 64 C.J.S. Municipal Corporations § 2203.
Structure New Mexico Statutes
Article 3 - Venue; Change of Judge
Section 38-3-1 - County in which civil action in district court may be commenced.
Section 38-3-1.1 - Jurisdiction of district courts.
Section 38-3-2 - [Actions against municipality or board of county commissioners.]
Section 38-3-3 - Change of venue in civil and criminal cases.
Section 38-3-4 - Change of venue by stipulation of parties.
Section 38-3-5 - [Evidence in support of application; findings; decision.]
Section 38-3-6 - [Second change of venue not matter of right.]
Section 38-3-7 - County to which case may be removed.
Section 38-3-9 - Peremptory challenge to a district judge.
Section 38-3-10 - Time for filing affidavit of disqualification.