46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO SUBDIVISIONS; AMENDING THE NEW MEXICO SUBDIVISION ACT TO PROHIBIT THE MERGER OF CONTIGUOUS PARCELS IN CERTAIN CIRCUMSTANCES.

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

Section 1. A new section of the New Mexico Subdivision Act is enacted to read:

"[NEW MATERIAL] MERGER OF CONTIGUOUS PARCELS--PROHIBITION.--

A. Contiguous parcels that are owned by a single owner shall not be considered to be merged into one parcel or be required by a board of county commissioners to be merged into one parcel if:

(1) each of the contiguous parcels:

(a) is shown on the official plat map of the county; or

(b) was created by a deed or survey recorded with the office of the county clerk;

(2) the chain of title to the contiguous parcels clearly demonstrates that the parcels have been considered separate prior to transfer into common ownership; and

(3) the owner of the contiguous parcels has taken no action to consolidate the parcels.

B. Nothing in this section limits a board of county commissioners from requiring consolidation of contiguous parcels in common ownership for the purpose of enforcing minimum zoning standards on the parcels."