2018 New Mexico Statutes
Chapter 3 - Municipalities
Article 7 - Annexation of Territory
Section 3-7-18 - Annexation to include streets.
Any municipality annexing any territory shall include in the annexation any streets located along the boundary of the territory being annexed. As used in this section, "street" means any thoroughfare that is open to the public and has been accepted by the board of county commissioners as a public right-of-way.
History: 1953 Comp., § 14-6-22, enacted by Laws 1965, ch. 75, § 1, and recompiled as 1953 Comp., § 14-7-18.
Cross references. — For powers of municipalities regarding streets, sidewalks, and public grounds, see 3-49-1 NMSA 1978 et seq.
Application of this section not automatic. — This section does not provide for the automatic annexation of adjacent streets and an annexation was invalid where it did not include streets bordering the territory to be annexed. State ex rel. State Highway & Transp. Dep't v. City of Sunland Park, 1999-NMCA-143, 128 N.M. 371, 993 P.2d 85, cert. quashed, 133 N.M. 31, 59 P.3d 1263 (2002).
"Street". — The word "street" in this section encompasses the entire right-of-way, not simply the roadway itself. The word "street" also includes state roads. State ex rel. State Highway & Transp. Dep't v. City of Sunland Park, 1999-NMCA-143, 128 N.M. 371, 993 P.2d 85, cert. quashed, 133 N.M. 31, 59 P.3d 1263 (2002).
Law reviews. — For note, "Annexation of Unincorporated Territory in New Mexico," see 6 Nat. Resources J. 83 (1966).
