2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 18 - Powers of Municipalities
Section 3-18-8 - Cemeteries.

A municipality may:

A. cause any cemetery to be removed;

B. prohibit the establishment of a cemetery within one mile of the municipal boundary; and

C. regulate cemeteries within the planning and platting jurisdiction of the municipality.

History: 1953 Comp., § 14-17-6, enacted by Laws 1965, ch. 300.

Cross references. — For municipal cemeteries, see 3-40-1 NMSA 1978 et seq.

For tax exemption of nonprofit cemeteries, see N.M. Const., art. VIII, § 3.

For school sections used for cemetery purposes, see 19-7-23, 19-7-24 NMSA 1978.

For Endowed Care Cemetery Act, see Chapter 58, Article 17 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 Am. Jur. 2d Cemeteries § 6.

Validity and reasonableness of rules and regulations of cemetery company or association as to improvement or care of lots, 32 A.L.R. 1406, 47 A.L.R. 70.

Continued use of property for burial purposes as a condition subsequent of a conveyance or dedication of land for that purpose, 47 A.L.R. 1174.

Injunction against closing or obstructing street or highway, right of one whose access to cemetery is thereby impaired to maintain suit for, 68 A.L.R. 1293.

Constitutionality of statute or ordinance requiring or permitting removal of bodies from cemeteries, 71 A.L.R. 1040.

Lien on cemetery property, rights and remedies of holders, 90 A.L.R. 444.

Right to exclude from privilege of burial, 110 A.L.R. 388.

Crematories, municipal regulation of, 113 A.L.R. 1132.

Zoning regulations, variations or exceptions from, 168 A.L.R. 90.

Monuments, vaults and the like, validity and construction of regulations as to, by cemetery company, 174 A.L.R. 977.

Gift for maintenance or care of private cemetery or burial lot, or of tomb or of monument, including the erection thereof, as valid trust, 47 A.L.R.2d 596.

Location of cemetery, validity of public prohibition or regulation of, 50 A.L.R.2d 905.

Nuisance, cemetery or burial ground as, 50 A.L.R.2d 1324.

Condemnation: municipal power to condemn land for cemetery, 54 A.L.R.2d 1322.

Zoning regulations in relation to cemeteries, 96 A.L.R.3d 921.