2021 New Mexico Statutes
Chapter 3 - Municipalities
Article 54 - Sale or Lease of Property
Section 3-54-2 - Sale, exchange and gift of property.
A. A municipality may sell personal property for cash at public or private sale without notice where it is shown to the governing body that such property does not exceed the value of two thousand five hundred dollars ($2,500).
B. A municipality may sell personal property having a value of more than two thousand five hundred dollars ($2,500) at public or private sale. If a private sale is held under this subsection, such sale shall be held only after notice is published at least twice, pursuant to the provisions of Subsection J of Section 3-1-2 NMSA 1978, not less than seven days apart, with the last publication not less than fourteen days prior to the sale.
C. If a public sale is held, the bid of the highest responsible bidder shall be accepted unless the terms of the bid do not meet the published terms and conditions of the municipality, in which event the highest bid which does meet the published terms and conditions shall be accepted; provided, however, a municipality may reject all bids. Terms and conditions for a proposed sale or lease shall be published at least twice, not less than seven days apart, with the last publication no less than fourteen days prior to the bid opening, and shall be published according to the provisions of Subsection J of Section 3-1-2 NMSA 1978.
D. A municipality may sell, at a private or public sale, exchange or donate real or personal property to the state, to any of its political subdivisions or to the federal government if such sale, exchange or gift is in the best interests of the public and is approved by the local government division of the department of finance and administration. The provisions of Section 6-6-11 NMSA 1978 shall not apply to such sale, exchange or a donation.
History: 1953 Comp., § 14-55-2, enacted by Laws 1967, ch. 126, § 1; 1981, ch. 52, § 2; 1983, ch. 115, § 2; 1989, ch. 380, § 2.
ANNOTATIONSCross references. — For sale of public property by state agencies and local public bodies, see 13-6-1 NMSA 1978 et seq.
The 1989 amendment, effective June 16, 1989, in Subsection D substituted "local government division of the department of finance and administration" for "state board of finance" at the end of the first sentence.
Presumption of property's value. — Where city determined to rid itself of building and readily accepted bid of $300 for performance of such service, and where there was published only one notice of contemplated removal, presumption was, absent evidence to the contrary, that property did not exceed value of $500 (now $2500), that city officials complied with Subsection A of this section, and statement attached to city's insurance policy appraising building at $4000 did not overcome that presumption. City of Carlsbad v. Northwestern Nat'l Ins. Co., 1970-NMSC-002, 81 N.M. 56, 463 P.2d 32.
This section is general in nature and authorizes the sale of municipal property generally which is not being used strictly in carrying out an essential governmental function. 1953 Op. Att'y Gen. No. 53-5707.
Application of section. — Prior to its 1983 amendment, this section only applied to the sale of municipal property not being used for essential governmental functions and did not apply to the situation in which it was necessary to raze an obsolete building in order to construct a new building on the site. This action could have been done under contract as part of the construction of the new building without complying with the requirements of this section. 1953 Op. Att'y Gen. No. 53-5823.
Approval not required for sales under Subsections A, B or C. — Since Subsection D expressly requires board of finance (now local government division) approval of sales of property to governmental entities, under the rule of expressio unius est exclusio alterius it would appear that board of finance approval (now local government division) is not required for sales of municipal property under Subsections A, B or C. 1978 Op. Att'y Gen. No. 78-21.
