2021 New Mexico Statutes
Chapter 47 - Property Law
Article 5 - Subdivisions Generally
Section 47-5-8 - [Injunction.]

Whenever the attorney general of the state of New Mexico or any district attorney of a judicial district of the state of New Mexico, after a complaint has been filed by any individual alleging injury hereunder, or upon his own initiative, after investigation made, believes any officer, agent or employee of any firm or corporation or other person is knowingly violating or authorizing violation of any part of this act [47-5-1 to 47-5-8 NMSA 1978], he shall bring an action to enjoin the violation in any district court regardless of whether criminal charges are filed.

History: 1953 Comp., § 70-3-8, enacted by Laws 1963, ch. 217, § 8.

Compiler's notes. — For refusal to bring criminal charges, see same catchline in notes to 47-5-7 NMSA 1978.

Enjoining violation of the Land Subdivision Act appears to be mandatory. 1964 Op. Att'y Gen. No. 64-05.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 42 Am. Jur. 2d Injunctions §§ 23, 38, 296.

Jurisdiction, at the instance of governmental agency, to enjoin an act amounting to a crime, 40 A.L.R. 1145, 91 A.L.R. 315.

43A C.J.S. Injunctions § 133.