SENATE JOINT RESOLUTION 8

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Mary Kay Papen

A JOINT RESOLUTION

GRANTING PRIOR APPROVAL TO SELL LAND IN LAS CRUCES OWNED BY THE PROPERTY CONTROL DIVISION OF THE GENERAL SERVICES DEPARTMENT ON BEHALF OF THE WORKERS' COMPENSATION ADMINISTRATION OR TO EXCHANGE THE LAND FOR LAND OWNED BY THE CITY OF LAS CRUCES IN DONA ANA COUNTY.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     WHEREAS, Section 13-6-3 NMSA 1978 requires ratification and approval of any sale, trade or lease of state property for a period exceeding twenty-five years and for over one hundred thousand dollars ($100,000) in value; and

     WHEREAS, Laws 2002, Chapter 110, Section 49 appropriated two million eight hundred thousand dollars ($2,800,000) from the workers' compensation administration fund to the capital program fund "to acquire land, design, plan, construct or remodel, equip and furnish office buildings in Las Cruces in Dona Ana county and in Farmington in San Juan county"; and

     WHEREAS, a parcel of land in downtown Las Cruces of approximately one and seventy-six hundredths acres, located on the corner of Loman avenue and Alameda boulevard, was purchased on December 30, 2002; and

     WHEREAS, Paragraph (1) of Subsection B of Chapter 126 of Laws 2004 appropriated two hundred thousand dollars ($200,000) to the capital program fund "to plan and design a new state office building in Las Cruces to reduce the cost of leasing and to co-locate state agencies in a state-owned facility"; and

     WHEREAS, co-location of offices facilitates public access to state services and reduces capital expenditure requirements by sharing infrastructure costs; and

     WHEREAS, in connection with its downtown revitalization efforts, the city of Las Cruces has expressed an interest in acquiring the state-owned property held by the general services department on behalf of the workers' compensation administration; and

     WHEREAS, the workers' compensation administration in Las Cruces will be co-located with other state agencies in a state office building, and funds appropriated to house the workers' compensation administration in Las Cruces will contribute to the state office building;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the property control division of the general services department may sell to or exchange state-owned land with the city of Las Cruces in Dona Ana county, and the sale or exchange is ratified and approved pursuant to the provisions of Section 13-6-3 NMSA 1978; and

     BE IT FURTHER RESOLVED that the state-owned property shall not be sold or exchanged for less than the value of the property established by the taxation and revenue department using generally acceptable appraisal techniques for this type of property and that the state shall not acquire land from the city of Las Cruces for more than the value of the property established by the taxation and revenue department using generally acceptable appraisal techniques for this type of property; and

     BE IT FURTHER RESOLVED that the properties shall be appraised by one appraiser that is mutually agreed to by the property control division of the general services department, the city of Las Cruces and the property tax division of the taxation and revenue department; and

     BE IT FURTHER RESOLVED that the appraisal of land shall be reviewed and validated by the property tax division of the taxation and revenue department; and

     BE IT FURTHER RESOLVED that the owner of the parcel with the lower appraised value shall pay to the owner of the parcel with the higher appraised value the difference between the value of the parcels to be exchanged; and

     BE IT FURTHER RESOLVED that copies of this resolution be transmitted to the property control division of the general services department, the workers' compensation administration, the city of Las Cruces and the property tax division of the taxation and revenue department.

- 4 -