2018 New Mexico Statutes
Chapter 4 - Counties
Article 55A - County Improvement Districts
Section 4-55A-2 - Improvement district; definitions.

As used in the County Improvement District Act:

A. "adjustment of assessment" means the adjustment in the estimated maximum benefit or assessment resulting from the division of the property to be assessed or assessed into smaller tracts or parcels or the combining of smaller parcels into one or more larger parcels or the changing of the configuration or legal description of such parcels. "Adjustment of assessment" may also include the real location of the assessment lien, without loss of priority, among parcels under single ownership that are subject to the assessment lien in order to permit the removal of the lien from one or more parcels where adequate security for the lien is demonstrated by the assessed parcels under such single ownership or provided by the owner;

B. "board" means the board of county commissioners;

C. "construct" or "construction" means to plan, design, engineer, construct, reconstruct, install, extend, better, alter, build, rebuild, improve, purchase or otherwise acquire any project authorized in the County Improvement District Act;

D. "county" means any county except an H class county;

E. "engineer" means any person who is a professional engineer licensed to practice in New Mexico and who is a permanent employee of the county or employed in connection with an improvement by the county or by a property owner subject to the improvement district property tax imposed by Section 4-55A-12.1 NMSA 1978;

F. "improvement" means any one or any combination of projects in one or more locations authorized in the County Improvement District Act;

G. "improvement district" means one or more streets or one or more public grounds or one or more locations wherein the improvement is to be constructed and one or more tracts or parcels of land to be assessed or upon which an improvement district property tax will be imposed to pay for the cost of the improvement; and

H. "premature subdivision" means a subdivision that has been platted and sold into multiple private ownership prior to installation or financial guarantee of all required improvements for land development. Such subdivisions contain one or more developmental inadequacies under current local government standards and requirements, such as, but not limited to:

(1) inadequate street right of way or street access control;

(2) a lack of drainage easements of right of way;

(3) a lack of adequate park, recreation or open space area;

(4) a lack of an overall grading and drainage plan; or

(5) a lack of adequate subdivision grading both on and off the public right of way.

History: Laws 1980, ch. 91, § 2; 1987, ch. 47, § 3; 1991, ch. 17, § 3; 1991, ch. 199, § 31; 1998, ch. 47, § 2; 2001, ch. 312, § 9.

The 2001 amendment, effective June 15, 2001, deleted "by the county" preceding "in connection with an improvement" and added the remaining language following the latter phase to Subsection E; in Subsection H, deleted "of the following" preceding "developmental inadequacies" and added "such as, but not limited to".

The 1998 amendment, effective July 1, 1998, in Subsection G, inserted "or upon which an improvement district property tax will be imposed to pay" and made minor stylistic changes.

1991 amendments. — Laws 1991, ch. 17, § 3, effective June 14, 1991, adding a new Subsection G which defined "premature subdivision" and making related minor stylistic changes, was approved on March 17, 1991. However, Laws 1991, ch. 199, § 31, effective April 4, 1991, adding Subsections A and H, redesignating former Subsections A to F as Subsections B to G, inserting "or one or more locations" in Subsection G, and making minor stylistic changes in Subsections D and F, was approved on April 4, 1991. The section is set out as amended by Laws 1991, ch. 199, § 31. See 12-1-8 NMSA 1978.