2018 New Mexico Statutes
Chapter 4 - Counties
Article 38 - Board of County Commissioners
Section 4-38-13 - Powers; property belonging to county.]

Universal Citation: NM Stat § 4-38-13 (2018)
4-38-13. Powers; property belonging to county.]

The board of county commissioners shall have power at any session to make such orders concerning the property belonging to the county as they may deem expedient.

History: Laws 1876, ch. 1, § 14(1); C.L. 1884, § 345(1); C.L. 1897, § 664(1); Code 1915, § 1199; C.S. 1929, § 33-4213; 1941 Comp., § 15-3512; 1953 Comp., § 15-37-12.

ANNOTATIONS

Cross references. — For county property, see 4-36-4 NMSA 1978.

For powers of counties generally, see 4-37-1 NMSA 1978.

For control of property of disincorporated municipality, see 3-4-7 NMSA 1978.

For insuring of public buildings, see 13-5-1, 13-5-3 NMSA 1978.

For maintenance and upkeep of district attorney facilities, see 36-1-8.1 NMSA 1978.

Rental of space in county buildings to private persons. — Board of county commissioners may rent space in county courthouse to private individual when it does not interfere with public use and rental is for a short term only. 1945-46 Op. Att'y Gen. No. 45-4723.

Lease of county buildings free of rent. — The board of county commissioners may permit the department of public welfare (now human services department) to use county buildings for its purposes free of rent. 1937-38 Op. Att'y Gen. 38-1899.

Determination of use of space assigned to county sheriff. — While this section and 4-38-18 NMSA 1978 grant the board of county commissioners the authority to control and manage county property, this does not mean the board may arbitrarily decide how space assigned to the county sheriff may be used. 1969 Op. Att'y Gen. No. 69-50.

Setting office hours. — A county commission may set the hours that offices of other elected county officials must stay open. 1990 Op. Att'y Gen. No. 90-05.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 491 to 498.

Real estate: power of governing body of county to dispose of county real estate in absence of specific statutory authority, 21 A.L.R.2d 722.

Public utility plant or interest therein, power of county to sell, lease or mortgage, 61 A.L.R.2d 595.

20 C.J.S. Counties §§ 143 to 149.

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