2021 New Mexico Statutes
Chapter 73 - Special Districts
Article 14 - Conservancy Districts; Definitions; Organization and Management
Section 73-14-16 - Filing order of incorporation.
Within thirty days after the district has been declared a corporation by the court, the clerk shall transmit to the secretary of state and to the probate clerk and ex-officio recorder in each of the counties having lands in the district, copies of the findings and the order of the court incorporating the district. The copies of the findings shall be filed in the office of the secretary of state in the same manner as articles of incorporation are now required to be filed under the general laws concerning corporations. Copies shall also be filed in the office of the probate clerk and ex-officio recorder of each county in which a part of the district may be, where they shall become permanent records. The recorder in each county shall receive a fee of one dollar ($1.00) for filing and preserving them, and the secretary of state shall receive a fee of five dollars ($5.00) for filing and preserving them.
History: Laws 1927, ch. 45, § 207; C.S. 1929, § 30-207; 1941 Comp., § 77-2710; 1953 Comp., § 75-28-10; 2013, ch. 75, § 47.
ANNOTATIONSCompiler's notes. — New Mexico Const., art. VI, § 22, provides that, unless otherwise provided by law, a county clerk shall be elected in each county who shall perform the duties now performed by the clerks of the district courts and clerks of the probate courts. However, Laws 1968, ch. 69, § 20, provided that the district court shall appoint a district court clerk for each county of the judicial district, and that the duties and place of employment shall be designated by the court. See 34-6-19 NMSA 1978.
The 2013 amendment, effective July 1, 2013, required the clerk of the court to transmit the findings and order of the court incorporating the district to the secretary of state; in the first sentence, after "transmit to the", deleted "state corporation commission" and added "secretary of state"; in the second sentence, after "filed in the office of the", deleted "state corporation commission" and added "secretary of state"; and in the fourth sentence, after "preserving them, and the" deleted "state corporation commission" and added "secretary of state".
Filing fees are part of cost of improvement of lands under the El Vado dam, and all lands whether in federal, state or private ownership must bear the proportionate share of the costs. 1930 Op. Att'y Gen. No. 30-56.
