2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 1 - Artesian Conservancy Districts
Section 73-1-21 - Tax roll based on needed improvements; limitation.

After an estimate of the cost of the improvements needed in the district is made, as provided in Section 73-1-20 NMSA 1978, the directors shall make up a tax roll, which shall include all property as shown by the decree of the court, as herein provided, and shall thereupon determine the value of the same, using the valuations as shown by the most recent tax schedules for property taxation purposes of the county or counties wherein the property is situated. The directors shall determine the tax levy to be made against the net taxable value, as that term is defined in the Property Tax Code [Chapter 7, Articles 35 to 38 NMSA 1978], of all property on the tax roll to produce the necessary revenue to make the improvements needed in the district. The tax shall not exceed, in any year, five dollars ($5.00), or any lower maximum amount required by operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978, on each one thousand dollars ($1,000) of net taxable value and shall be uniformly levied against all the property on such conservancy district tax roll, as hereinafter provided. The levy may be made annually, so long as necessary to finance the improvements from time to time determined by the directors to be needed in the district.

History: Laws 1931, ch. 97, § 19; 1941 Comp., § 77-1319; 1953 Comp., § 75-13-19; Laws 1986, ch. 32, § 35.

The 1986 amendment added the section heading; substituted "Section 73-1-20 NMSA 1978" for "Section 18 hereof" and "most recent tax schedules for property taxation purposes" for "last tax rolls" in the first sentence, deleted "From the value of such property" preceding "The directors", substituted "net taxable value, as that term is defined in the Property Tax Code, of all property on the tax roll" for "same" in the second sentence, substituted "five dollars ($5.00) or any lower maximum amount required by operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978, on each one thousand dollars ($1,000) of net taxable value" for "five (5) mills" in the third sentence, substituted "The levy may be made annually" for "The directors may cause such a levy of not to exceed five (5) mills, to be made annually" in the last sentence, and made minor stylistic changes.

Steam production equipment of utility was real estate. — Steam production equipment consisting of turbines, boilers, pumps and fans was real estate for taxation purposes where the utility company installed and maintained such equipment on special foundations and could not foresee moving it because of its huge size and weight, and such equipment was the very heart of the company's business. Southwestern Pub. Serv. Co. v. Chaves County, 1973-NMSC-064, 85 N.M. 313, 512 P.2d 73.

Substation equipment not real estate. — Electric transmission and distribution substation equipment consisting of transformers, switches and circuit breakers was not real estate for taxation purposes since it was readily portable and had very little, if any, annexation or adaptation. Southwestern Pub. Serv. Co. v. Chaves County, 1973-NMSC-064, 85 N.M. 313, 512 P.2d 73.

Lines, poles, meters and like equipment not real estate. — Electric transmission lines, poles, line transformers, meters and such equipment frequently located on easements and public rights of way were not real estate for taxation purposes since they were changed or relocated frequently and were located on unowned land. Southwestern Pub. Serv. Co. v. Chaves County, 1973-NMSC-064, 85 N.M. 313, 512 P.2d 73.

Lands leased from state not taxable. — Water rights on lands leased from state or United States are not subject to conservancy district tax; that assessment is levied against the land rather than the particular water right. 1958 Op. Att'y Gen. No. 58-26.