0001| HOUSE BILL 227
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| JEANNETTE WALLACE
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO LAND; AMENDING SECTION 16-2-11 NMSA 1978 (BEING
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0012| LAWS 1935, CHAPTER 57, SECTION 11, AS AMENDED) TO MAKE CHANGES
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0013| IN THE LAW RELATING TO ACQUISITION OF LANDS FOR PARK AND
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0014| RECREATIONAL PURPOSES AND TO RESTRICT THE USE OF THE TERMS
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0015| "STATE PARK" OR "STATE RECREATIONAL AREA".
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 16-2-11 NMSA 1978 (being Laws 1935,
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0019| Chapter 57, Section 11, as amended) is amended to read:
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0020| "16-2-11. ACQUISITION OF LANDS FOR PARK AND RECREATIONAL
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0021| PURPOSES--CRITERIA.--
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0022| A. The state is authorized to acquire lands or
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0023| interests in lands for state park or state recreational
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0024| purposes by gift, donation, devise or purchase. Acquired lands
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0025| or interests in lands shall be held for the use of the state
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0001| [and] to develop [hold], maintain and operate [the same]
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0002| them as state parks or state recreational areas [in
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accordance with the provisions of this article and as it may be
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supplemented by other state laws]. In acquiring real property
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0005| or any interest [therein] in real property, the power of
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0006| eminent domain shall not be used. The criteria for [such]
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0007| acquisition and development shall be [as provided] those
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0008| specified in Subsections B through G of this section.
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0009| B. Sites [which] that may be designated as
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0010| state parks or state recreational areas shall be only those
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0011| [which]:
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0012| (1) [contain] having a diversity of
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0013| resources, including areas of scientific, aesthetic, geologic,
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0014| natural or historic value;
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0015| (2) [provide] providing recreational
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0016| opportunities significant enough to assure patronage from a
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0017| region or preferably from the state as a whole; and
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0018| (3) [conform] conforming to the state
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0019| comprehensive outdoor recreation plan.
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0020| C. Lands designated for acquisition or development
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0021| as state parks or state recreational areas shall be those
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0022| [which] that:
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0023| (1) are adjacent to existing parks or
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0024| recreational areas and are necessary for successful park or
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0025| recreational area protection and development;
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0001| (2) help meet recreation and open space
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0002| demands of metropolitan area residents by emphasizing park or
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0003| recreational areas within easy access of population centers;
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0004| (3) preserve the most significant examples of
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0005| New Mexico natural scenic landscape; and
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0006| (4) meet the pressure on primary vacation
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0007| regions not adequately supplied with public recreation
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0008| opportunities.
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0009| D. Lands [which] that are acquired or developed
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0010| as state parks or state recreational areas shall be managed and
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0011| developed according to the following objectives:
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0012| (1) outdoor recreation shall be recognized as
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0013| the dominant or primary resources management objective;
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0014| (2) physical development shall promote the
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0015| outdoor recreation objective through the use of proper design,
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0016| materials and construction to enhance and promote the use and
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0017| enjoyment of the recreational resources in the area;
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0018| (3) within economical limits, state parks or
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0019| state recreational facilities shall be landscaped and developed
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0020| to achieve an environment that is aesthetically pleasing,
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0021| ecologically functional and complementary to the native
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0022| environment;
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0023| (4) use periods for parks or recreational
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0024| facilities shall be extended by providing a variety of
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0025| facilities that will attract visitors during all seasons of the
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0001| year; and
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0002| (5) all significant historic structures
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0003| contained in state parks or state recreational areas shall be,
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0004| within economical limits, reconstructed, restored or stabilized
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0005| to provide for continued user benefit.
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0006| E. Factors to be taken into consideration when
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0007| lands are considered for acquisition or development as state
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0008| parks or state recreational areas are:
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0009| (1) the character of the land resources, such
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0010| as soil, vegetation, topography and water, [which] that
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0011| affects the suitability of the lands for development as parks
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0012| or recreational areas;
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0013| (2) facilities development to meet the average
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0014| and slightly higher than average demands rather than the peak
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0015| demands of summer and the holiday weekends; [and]
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0016| (3) development priority based upon
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0017| demonstrated use and demand, balance and distribution of
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0018| existing facilities and the availability of lands suitable for
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0019| development; and
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0020| (4) resources protection [projects will]
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0021| shall also be considered a priority if [they demand] the
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0022| resources need urgent attention, [and only according to]
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0023| but the priority shall be determined by the relative value of
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0024| the resources involved.
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0025| F. The cost of lands to be proposed for acquisition
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0001| or development as state parks or state recreational areas
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0002| should be reasonable, with consideration given to the
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0003| recreational value of the land on which the state park or state
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0004| recreational area is to be located. No property shall be
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0005| purchased [which] that involves commitments, privileges or
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0006| conditions to any private interest, except that property may be
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0007| purchased [which] that has restrictions limiting its use to
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0008| that of a state park or state recreational area.
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0009| G. All lands considered for acquisition or
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0010| development as state parks or state recreational areas shall
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0011| [have undergone] undergo a feasibility study prior to
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0012| acquisition or development. [If the state park and recreation
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division is unable to provide a feasability study, the
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legislature shall appropriate the required funds to finance the
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cost of such a study] Ongoing projects [which] that have
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0016| already received an appropriation at the effective date of this
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0017| [act] section are exempted from the requirements of this
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0018| [act] section. Feasibility studies shall include:
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0019| (1) a determination that the proposed area meets
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0020| the criteria set forth in this section;
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0021| (2) an estimate of the total development cost,
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0022| including land acquisition, planning and construction and
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0023| recommendations for methods of financing the development costs
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0024| [should be recommended];
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0025| (3) an estimate of the annual costs for
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0001| operation and maintenance;
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0002| (4) an estimate of demand and a projection of
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0003| visitor use for the proposed area; and
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0004| (5) an analysis of the proposed area as it
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0005| relates to plans or development by other governmental agencies
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0006| or the private sector in adjacent areas.
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0007| H. The state is [also] authorized, [and
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empowered] upon the execution of a written agreement [by]
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0009| between the director of the state park and recreation
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0010| division [with] and the department, service or agency of
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0011| the United States having jurisdiction of lands of the United
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0012| States, to develop, protect, maintain and operate in accordance
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0013| with [such] the agreement [such] federally owned lands as
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0014| state parks or state recreational areas, [although] but the
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0015| state may not acquire [by such an agreement] the fee title to
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0016| or a permanent right in [such] the lands pursuant to such
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0017| an agreement.
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0018| I. The designation of sites as suitable for state
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0019| parks or recreation areas, [or] the designation of certain
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0020| lands for acquisition or development, [or considering] the
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0021| consideration of lands for acquisition or studying the
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0022| feasibility of acquisition or development of lands shall not
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0023| create a right of action on the part of any person [or group]
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0024| to force action [on the part of] by the state park and
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0025| recreation division or the state.
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0001| J. Any acquisition of [real property] land or any
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0002| interest [therein] in land for state park or recreation
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0003| purposes shall be approved by the legislature prior to the
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0004| execution of [any] a written agreement binding the state to
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0005| expenditure of [any] funds for acquisition or development of
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0006| state parks or recreation areas.
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0007| K. Only lands or interests in lands acquired or
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0008| retained in accordance with the provisions of this section and
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0009| operated pursuant to the authority of the state park and
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0010| recreation division may use the designation of "state park" or
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0011| "state recreational area"."
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0012| Section 2. EFFECTIVE DATE.--The effective date of the
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0013| provisions of this act is July 1, 1999.
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0014|
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0015| State of New Mexico
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0016| House of Representatives
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0017|
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0018| FORTY-THIRD LEGISLATURE
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0019| FIRST SESSION, 1997
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0020|
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0021|
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0022| January 31, 1997
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0023|
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0024|
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0025| Mr. Speaker:
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0001|
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0002| Your ENERGY AND NATURAL RESOURCES COMMITTEE, to
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0003| whom has been referred
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0004|
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0005| HOUSE BILL 227
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0006|
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0007| has had it under consideration and reports same with
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0008| recommendation that it DO PASS, and thence referred to the
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0009| JUDICIARY COMMITTEE.
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0010|
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0011|
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0012| Respectfully submitted,
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0013|
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0014|
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0015|
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0016|
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0017|
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0018|
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0019| James Roger Madalena, Chairman
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0020|
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0021|
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0022| Adopted Not Adopted
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0023| (Chief Clerk)
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0024| (Chief Clerk)
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0025|
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0001| Date
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0002|
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0003| The roll call vote was 10 For 0 Against
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0004| Yes: 10
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0005| Excused: Macko, Roberts
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0006| Absent: None
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0007|
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0008|
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0009| G:\BILLTEXT\BILLW_97\H0227 State of New Mexico
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0010| House of Representatives
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0011|
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0012| FORTY-THIRD LEGISLATURE
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0013| FIRST SESSION, 1997
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0014|
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0015|
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0016| February 14, 1997
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0017|
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0018|
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0019| Mr. Speaker:
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0020|
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0021| Your JUDICIARY COMMITTEE, to whom has been referred
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0022|
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0023| HOUSE BILL 227
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0024|
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0025| has had it under consideration and reports same with
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0001| recommendation that it DO PASS.
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0002|
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0003|
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0004| Respectfully submitted,
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0005|
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| Thomas P. Foy, Chairman
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0012|
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0013|
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0014| Adopted Not Adopted
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0015| (Chief Clerk)
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0016| (Chief Clerk)
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0017|
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0018| Date
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0019|
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0020| The roll call vote was 9 For 0 Against
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0021| Yes: 9
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0022| Excused: Carpenter, King, Rios, Sanchez
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0023| Absent: None
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0024|
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0025|
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0001| G:\BILLTEXT\BILLW_97\H0227
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0002|
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0003| FORTY-THIRD LEGISLATURE
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0004| FIRST SESSION, 1997
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0005|
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0006|
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0007| March 6, 1997
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0008|
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0009| Mr. President:
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0010|
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0011| Your CONSERVATION COMMITTEE, to whom has been referred
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0012|
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0013| HOUSE BILL 227
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0014|
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0015| has had it under consideration and reports same with
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0016| recommendation that it DO PASS, and thence referred to the
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0017| JUDICIARY COMMITTEE.
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0018|
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0019| Respectfully submitted,
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0020|
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0021|
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0022|
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0023|
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0024| __________________________________
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0025| Michael S. Sanchez, Chairman
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0001|
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0002|
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0003|
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0004| Adopted_______________________ Not
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0005| Adopted_______________________
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0006| (Chief Clerk) (Chief Clerk)
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0007|
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0008|
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0009| Date ________________________
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0010|
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0011|
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0012| The roll call vote was 7 For 0 Against
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0013| Yes: 7
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0014| No: None
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0015| Excused: Eisenstadt, Griego, Lyons
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0016| Absent: None
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0017|
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0018|
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0019| H0227C01
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0020|
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0021|
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0022|
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0023| FORTY-THIRD LEGISLATURE
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0024| FIRST SESSION, 1997
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0025|
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0001|
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0002| March 16, 1997
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0003|
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0004| Mr. President:
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0005|
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0006| Your JUDICIARY COMMITTEE, to whom has been referred
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0007|
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0008| HOUSE BILL 227
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0009|
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0010| has had it under consideration and reports same with
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0011| recommendation that it DO PASS.
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0012|
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0013| Respectfully submitted,
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0014|
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0015|
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0016|
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0017|
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0018| __________________________________
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0019| Fernando R. Macias, Chairman
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0020|
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0021|
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0022|
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0023| Adopted_______________________ Not
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0024| Adopted_______________________
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0025| (Chief Clerk) (Chief Clerk)
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0001|
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0002|
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0003|
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0004| Date ________________________
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0005|
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0006|
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0007| The roll call vote was 6 For 0 Against
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0008| Yes: 6
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0009| No: 0
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0010| Excused: Sanchez, Vernon
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0011| Absent: None
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0012|
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0013|
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0014| H0227JU1
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