2018 New Mexico Statutes
Chapter 4 - Counties
Article 30 - Torrance County
Section 4-30-2 - County seat.]
The county seat of the said county of Torrance shall be, and the same is hereby located at the town of Estancia in said county.
History: Laws 1903, ch. 70, § 2; 1905, ch. 2, § 3; Code 1915, § 1114; C.S. 1929, § 33-2802; 1941 Comp., § 15-2802; 1953 Comp., § 15-30-2.
Compiler's notes. — Laws 1905, ch. 2, § 3, changed the county seat from Progreso to Estancia.
Cross references. — For removal of county seats, see N.M. Const., art. X, § 3 and 4-34-1 NMSA 1978 et seq.
Collateral attacks on validity of act changing county seat. — A contention that a murder conviction made at a term of court held in Estancia was invalid on the grounds that this section, amending Laws 1903, ch. 70, § 2, changed the county seat from Progreso to Estancia and was a special act in violation of the former Springer Act (48 U.S.C., § 1471, now repealed), was not well taken, since Estancia was at least a de facto county seat, and the validity of this section had not been attacked in a direct proceeding. Territory v. Clark, 1909-NMSC-005, 15 N.M. 35, 99 P. 697.
Collateral attack on validity of location of county seat. — Action by taxpayer to restrain county commissioners from contracting for or erecting a courthouse or jail at Estancia, on ground that Estancia was not the lawful county seat in that act designating it as the county seat was unconstitutional, was not maintainable since it was a collateral attack on validity of location of county seat. Torres v. Board of County Comm'rs, 1910-NMSC-065, 15 N.M. 703, 110 P. 851.
