2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 7 - Annexation of Territory
Section 3-7-10 - Annexation; arbitration; chairman; meetings; power of board; final determination.

A. After the seven members of the board of arbitration have been selected, they shall elect a chairman and hold meetings upon call of the chairman. The board of arbitration shall determine if the benefits of the government of the municipality are or can be available within a reasonable time to the territory proposed to be annexed and may make such investigation as it may deem advisable in order to obtain information and data as to the availability of the benefits of the municipal government and may require the governing body of the municipality to furnish to it any records of the municipality pertaining thereto. The cost of such investigation shall be paid by the municipality.

B. Determination by a majority of the seven members of the board of arbitration shall be final. If a majority of the members of the board of arbitration determine that the territory should not be annexed, the governing body of the municipality shall not proceed further nor shall it pass any other resolution seeking to annex the territory for a period of two years. If a majority of the members of the board of arbitration determine that the territory or a part thereof should be annexed to the municipality, it shall certify over the signatures of the members of the board of arbitration who have made the determination to the clerk of the municipality, the clerk of the county, the secretary of finance and administration and the secretary of taxation and revenue.

C. Thereafter, the annexation shall be deemed complete as to the territory certified as proper to be annexed. The municipality to which the annexation is made shall pass an ordinance, not inconsistent with law, which will effectuate the terms of the annexation. The territory so annexed shall be governed as part of the municipality and the governing body of the municipality shall promptly proceed to make the benefits of the government of the municipality available to the territory so annexed within a reasonable time.

D. The final determination of the board of arbitration shall be certified not more than sixty days after the selection of the seventh member.

History: 1953 Comp., § 14-7-10, enacted by Laws 1965, ch. 300; 1981, ch. 204, § 7.

Finding that benefits could be made available required annexation order. — Legislative intent was to require board to order annexation upon finding that benefits of the municipality could be made available to area to be annexed within a reasonable time; the legislature intended no arbitrary power in the board to grant or deny annexation. Cox v. City of Albuquerque, 1949-NMSC-041, 53 N.M. 334, 207 P.2d 1017.

Fact that board limited its findings of benefits to less than the whole of the area described in the plat, as an incident to which the area subject to annexation became reduced, does not constitute an unlawful delegation of legislative power within contemplation of the separation of powers clause in the constitution. Cox v. City of Albuquerque, 1949-NMSC-041, 53 N.M. 334, 207 P.2d 1017.

Law reviews. — For note, "Annexation of Unincorporated Territory in New Mexico," see 6 Nat. Resources J. 83 (1966).