45th legislature - STATE OF NEW MEXICO - first session, 2001

PROPOSING TO AMEND ARTICLE 8, SECTION 1 OF THE CONSTITUTION OF NEW MEXICO TO PROVIDE FOR LIMITING INCREASES IN THE VALUATION FOR PROPERTY TAX PURPOSES OF LAND USED PRIMARILY FOR AGRICULTURAL PURPOSES.

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

Section 1. It is proposed to amend Article 8, Section 1 of the constitution of New Mexico to read:

"A. Except as provided in [Subsection B] Subsections B and C of this section, taxes levied upon tangible property shall be in proportion to the value thereof, and taxes shall be equal and uniform upon subjects of taxation of the same class. Different methods may be provided by law to determine value of different kinds of property, but the percentage of value against which tax rates are assessed shall not exceed thirty-three and one-third percent.

B. The legislature shall provide by law for the valuation of residential property for property taxation purposes in a manner that limits annual increases in valuation of residential property. The limitation may be applied to classes of residential property taxpayers based on owner-occupancy, age or income. The limitations may be authorized statewide or at the option of a local jurisdiction and may include conditions under which the limitation is applied. Any valuation limitations authorized as a local jurisdiction option shall provide for applying statewide or multi-jurisdictional property tax rates to the value of the property as if the valuation increase limitation did not apply.

C. The legislature shall provide by law for determining the valuation for property taxation purposes of land used primarily for agricultural purposes in a manner that limits annual increases in the valuation of such land. The valuation limitation may be applied to any special method of valuation used to determine the value of land used for agricultural purposes of any kind. However, any limitation on increases in valuation shall be applied uniformly upon all land that is similar in kind."

Section 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date which may be called for that purpose.