2021 New Mexico Statutes
Chapter 3 - Municipalities
Article 7 - Annexation of Territory
Section 3-7-1 - Methods of annexation.

A. There shall be three methods of annexing territory to a municipality:

(1) the arbitration method as provided in Sections 3-7-5 through 3-7-10 NMSA 1978;

(2) the boundary commission method as provided in Sections 3-7-11 through 3-7-16 NMSA 1978; and

(3) the petition method as provided in Section 3-7-17 NMSA 1978.

B. Territory may be annexed to a municipality by any one of the three methods of annexation provided for in Sections 3-7-5 through 3-7-18 NMSA 1978 except where limitations of annexation are provided by law. The provisions of this section apply to annexations of all municipalities except those that are otherwise specifically provided by law. The arbitration method of annexation may be used for municipal annexation of a traditional historic community only upon petition of a majority of the qualified electors of the territory within the traditional historic community.

History: 1953 Comp., § 14-7-1, enacted by Laws 1965, ch. 300; 1979, ch. 159, § 1; 1995, ch. 170, § 2; 1995, ch. 211, § 1; 2019, ch. 212, § 180.

The 2019 amendment, effective April 3, 2019, in Subsection B, removed "registered" preceding "qualified electors".

1995 amendments. — Virtually identical amendments were enacted by Laws 1995, ch. 170, § 2, effective April 5, 1995, inserting "except where limitations of annexation are provided by law" in the first sentence of Subsection B, and adding the sentence of Subsection B beginning "The arbitration method of annexation", approved April 5, 1995, and by Laws 1995, ch. 211, § 1, effective April 6, 1995, also amending this section in Subsection B by adding the exception at the end of the first sentence and adding the last sentence of the subsection, but also making a minor stylistic change, approved April 6, 1995. The section is set out as amended by Laws 1995, ch. 211, § 1. See 12-1-8 NMSA 1978.

Nature of annexation statutes. — The power to create and to destroy municipal corporations, and to enlarge or diminish their boundaries, is solely and exclusively the exercise of legislative power. Such statutes are to be liberally construed in favor of the municipality and every reasonable presumption is given to the validity of the municipality's action. Leavell v. Town of Texico, 1957-NMSC-081, 63 N.M. 233, 316 P.2d 247.

Annexation methods. — The boundary commission and the arbitration methods are administrative proceedings and the petition method is a legislative proceeding. Drugger v. City of Santa Fe, 1992-NMCA-022, 114 N.M. 47, 834 P.2d 424, cert. quashed, 113 N.M. 744, 832 P.2d 1223.

Annexation of Indian Pueblo. — To allow the exercise of jurisdiction by a municipality to annex a portion of the Indian Pueblo and make it subject to jurisdiction of the municipality would affect the authority of the tribal council over reservation affairs and, hence, would infringe on the right of the Indians to govern themselves and would therefore be void. Your Food Stores, Inc. v. Village of Espanola, 1961-NMSC-041, 68 N.M. 327, 361 P.2d 950, cert. denied, 368 U.S. 915, 82 S. Ct. 194, 7 L. Ed. 2d 131.

Annexation of class A county land excepted. — A specific exception to this section is defined by the Metropolitan Boundary Act for Class A Counties (3-57-1 to 3-57-9 NMSA 1978), which provides for the annexation of territory to a municipality within a class A county. 1981 Op. Att'y Gen. No. 81-28.

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

For comment, "Deannexation: A proposed statute," see 20 N.M.L. Rev. 713 (1990).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 55 et seq.

Rights and remedies of creditor of municipal corporation which is dissolved or combined with another municipal body, 47 A.L.R. 128.

Facts warranting extension or reduction of municipal boundaries, 62 A.L.R. 1011.

Power to extend boundaries of municipal corporations, 64 A.L.R. 1335.

Estoppel to question validity of proceedings extending boundaries of municipality, 101 A.L.R. 581.

Power to detach land from municipal corporations, towns, or villages, 117 A.L.R. 267.

Tax exemption of property as affecting its inclusion in determining requisite consent of property owners to annexation of territory, local improvement, bond issue and other public activity, 146 A.L.R. 1260.

Municipal bond issue, validity as against owners of property annexation of which to municipality became effective after date of election at which issue was approved by voters, 10 A.L.R.2d 559.

Capacity to attack the fixing or extension of municipal limits or boundary, 13 A.L.R.2d 1279, 17 A.L.R.5th 195.

Proper remedy or procedure for attacking legality of proceedings annexing territory to municipal corporation, 18 A.L.R.2d 1255.

What zoning regulations are applicable to territory annexed to a municipality, 41 A.L.R.2d 1463.

Subject to annexation, what land is contiguous or adjacent to municipality so as to be, 49 A.L.R.3d 589.

Right of one governmental subdivision to challenge annexation proceedings by another such subdivision, 17 A.L.R.5th 195.

62 C.J.S. Municipal Corporations § 42 et seq.