2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 18 - Powers of Municipalities
Section 3-18-18 - Parks.

Within or without the municipal boundary, a municipality may build, beautify and improve public parks and acquire any property for park purposes. The acquisition of property for park purposes which is outside the municipal zoning boundaries, and outside the boundaries of the county in which the municipality is located, shall be subject to the prior approval of the governing body of the local government within whose boundary the property is situated. Any property acquired for park purposes is under the immediate control of the governing body. The governing body may pay any expenses of transfer or conveyance and examination of title for any property given to the municipality for park purposes.

History: 1953 Comp., § 14-17-15, enacted by Laws 1965, ch. 300; 1973, ch. 368, § 2.

Cross references. — For park commission, see 3-47-1, 3-47-2 NMSA 1978.

For county acquisition of property within boundaries of another local governmental subdivision for park purposes, see 4-36-6 NMSA 1978.

For playgrounds and recreational equipment, see 5-4-1 NMSA 1978 et seq.

For lease of state lands, see 19-7-54 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 542.

To what uses park property may be devoted, 18 A.L.R. 1246, 63 A.L.R. 484, 144 A.L.R. 486.

Parks, liability of municipal corporations for injuries due to conditions in, 29 A.L.R. 863, 42 A.L.R. 263, 99 A.L.R. 686, 142 A.L.R. 1340.

Power of municipal corporation to establish and maintain golf course, 36 A.L.R. 1301.

Liability of municipality in respect of municipal bathhouses, bathing beaches and swimming pools, 51 A.L.R. 370, 57 A.L.R. 406.

Park property, power to sell or lease, 63 A.L.R. 489, 144 A.L.R. 486.

Res ipsa loquitur as applicable in action against municipality for injuries from dangerous condition in parks, streets or highways, 74 A.L.R. 1226.

Statutes relating to establishment or administration of parks, as encroachment on right of local self-government, 88 A.L.R. 228.

Liability of owner of park or other premises on which baseball or other game is played, for injuries by ball to person on nearby street or sidewalk, 16 A.L.R.2d 1458.

Power of municipal corporation to exchange its real property, 60 A.L.R.2d 220.

Liability to one struck by golf ball, 53 A.L.R.4th 282.

64 C.J.S. Municipal Corporations §§ 1557 to 1561.