46th legislature - STATE OF NEW MEXICO - first session, 2003
RELATING TO COUNTIES; AUTHORIZING ANNEXATION BY RESOLUTION WHEN THERE IS NO PROPERTY SUBJECT TO PROPERTY TAXATION INVOLVED.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 4-33-17 NMSA 1978 (being Laws 1985, Chapter 64, Section 1) is amended to read:
"4-33-l7. ANNEXATION BY RESOLUTION--NOTIFICATION OF
SECRETARY OF STATE--CHALLENGE.--If there are no qualified
electors residing within the portion of a county proposed to be
annexed by another county or there is no property subject to
any state or local taxation within the portion of a county
proposed to be annexed by another county, resolutions shall be
passed by the county commissions of both affected counties
approving a transfer of territory from one county to the other.
The resolutions shall state the facts permitting [such] the
transfer by this method and a description of the territory to
be transferred. The county clerks shall forward a copy of each
resolution to the secretary of state. The county to which the
territory is to be transferred shall place the territory within
one or more of its voting precincts and so notify the secretary
of state for compliance with election laws. Any aggrieved
property owner or qualified elector within the annexed
territory may file an action in the district court; if no
action is filed within ninety days, the transfer of the
territory shall take place in accordance with the provisions of
Section 4-33-7 NMSA l978."