2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 7 - Annexation of Territory
Section 3-7-16 - Filing the order of the municipal boundary commission; annexation complete.
A. Within ten days after the municipal boundary commission makes its determination, the secretary of the department of finance and administration shall file certified copies of the order of the municipal boundary commission in the office of the municipal clerk of the municipality to which the territory has been petitioned to be annexed and in the office of the county clerk. The secretary shall also transmit a copy of the order to the secretary of taxation and revenue.
B. If the municipal boundary commission orders the annexation of territory to a municipality, the annexation shall be complete after the filing of certified copies of the order as required in this section.
History: 1953 Comp., § 14-7-16, enacted by Laws 1965, ch. 300; 1977, ch. 247, § 139; 1981, ch. 204, § 8; 1983, ch. 296, § 10.
ANNOTATIONS"To file" a paper is to place it in the official custody of the clerk. Town of Hurley v. New Mexico Mun. Boundary Comm'n, 1980-NMSC-083, 94 N.M. 606, 614 P.2d 18.
It is not necessary that officer endorse document upon its receipt in order to effect the filing. Town of Hurley v. New Mexico Mun. Boundary Comm'n, 1980-NMSC-083, 94 N.M. 606, 614 P.2d 18.
Three purposes of the filing requirements contained in 3-7-15E NMSA 1978 and Subsection A of this section are: (1) to provide public and accessible repositories in the offices of county and municipal clerks of accurate copies of the official orders of the commission; (2) to give constructive notice to the world of such orders; and (3) to fix the commencement of the time within which an appeal to the district court from such orders may be taken, namely 30 days, by the instrumentality of constructive notice to a party desiring to appeal. Town of Hurley v. New Mexico Mun. Boundary Comm'n, 1980-NMSC-083, 94 N.M. 606, 614 P.2d 18.
Law reviews. — For note, "Annexation of Unincorporated Territory in New Mexico," see 6 Nat. Resources J. 83 (1966).
