2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 2 - Incorporation of Municipality
Section 3-2-9 - Incorporation complete; judicial notice; defects in incorporation; appeal.

A. After certified copies of the papers relating to the incorporation of a municipality have been filed in the offices of the county clerk and the secretary of state and after the municipal officers have been elected and qualified, the incorporation of the municipality shall be complete and effective on the following January 1 if the election was held in July or on the following July 1 if the election was held in January, and notice of the incorporation shall be taken in all judicial proceedings.

B. An action by a protestant against the incorporation of a municipality shall be taken to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.

History: 1953 Comp., § 14-2-8, enacted by Laws 1965, ch. 300; 1981, ch. 205, § 2; 1998, ch. 55, § 4; 1999, ch. 265, § 4.

Cross references. — For franchises granted by county commissioners for use of streets by public utility before incorporation being valid after incorporation, see 3-42-2 NMSA 1978.

For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA.

The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection B.

The 1998 amendment, effective September 1, 1998, substituted "appeal" for "contest" in the section heading, and in Subsection B, substituted "pursuant to the provisions of Section 12-8A-1 NMSA 1978" for "within sixty days after the filing of the certified copies of the papers relating to the incorporation of a municipality in the offices of the county clerk and secretary of state." in the second sentence and deleted the former third sentence.

Validity of acts of de facto city council. — Because for 10 years the only governing body a city had was a council of four members, one from each ward, and the acts of such governing body were acquiesced in by the inhabitants of the city, contracts were made and enforced, relations had with county and state governments, bonds issued in good faith and its contracts relied on by private citizens, its acts were considered valid. Ackerman v. Baird, 1938-NMSC-013, 42 N.M. 233, 76 P.2d 947.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Effect on rule as to de jure office as condition of a de facto officer of doctrine as to collateral attack on existence of municipal corporation, 99 A.L.R. 314.