pg_0001

SB 401

Page 1

AN ACT

RELATING TO DEVELOPMENT; ADDRESSING THE EMINENT DOMAIN POWER

OF MUNICIPALITIES; REPEALING SECTIONS OF THE URBAN

DEVELOPMENT LAW; REPEALING THE COMMUNITY DEVELOPMENT LAW;

REMOVING THE ABILITY TO CONDEMN PROPERTY FOR ECONOMIC

DEVELOPMENT IN THE METROPOLITAN REDEVELOPMENT CODE; AMENDING

AND REPEALING SECTIONS OF THE NMSA 1978.

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

Section 1. Section 3-18-10 NMSA 1978 (being Laws 1973,

Chapter 395, Section 1) is amended to read:

"3-18-10. POWER OF EMINENT DOMAIN--PURPOSES--

PROCEEDINGS.--

A. Both within the municipal boundary and for a

distance not extending beyond the planning and platting

jurisdiction of the municipal boundary, a municipality has

the power and right of condemnation of private property for

public use for the purpose of:

(1) laying out, opening and widening

streets, alleys and highways or their approaches; or

(2) constructing, maintaining and operating:

(a) storm drains; or

(b) garbage and refuse disposal areas

and plants.

B. A municipality may acquire by eminent domain

pg_0002

SB 401

Page 2

any property within the municipality:

(1) for park purposes;

(2) to establish cemeteries or mausoleums or

to acquire existing cemeteries or mausoleums; or

(3) for the purpose of correcting obsolete

or impractical planning and platting of subdivisions. For

the purpose of this paragraph, "obsolete or impractical

planning and platting" applies only to property that:

(a) was platted prior to 1971;

(b) has remained vacant and unimproved;

and

welfare of persons or property due to erosion, flooding and

inadequate drainage.

C. Condemnation proceedings pursuant to this

section shall be in the manner provided by law."

Section 2. Section 3-46-43 NMSA 1978 (being Laws 1965,

Chapter 300, Section 14-47-19, as amended) is amended to

read:

"3-46-43. ORDINANCES RELATING TO REPAIR, CLOSING AND

DEMOLITION OF DWELLINGS UNFIT FOR HUMAN HABITATION--

COMPLAINT--SERVICE OF COMPLAINT--APPEAL.--

A. Whenever a municipality finds that there exist

dwellings that are unfit for human habitation due to

dilapidation; defects increasing the hazards of fire,

pg_0003

SB 401

Page 3

accidents or other calamities; lack of ventilation, light or

sanitary facilities; or other conditions, including those set

forth in Subsection C of this section, rendering the

dwellings unsafe and unsanitary or dangerous or detrimental

to the health, safety or morals or otherwise inimical to the

welfare of the residents of the municipality, power is

conferred upon the municipality to require or cause the

repair, closing or demolition or removal of the dwellings in

the manner provided in this section. "Dwelling" means a

building or structure or part thereof used and occupied for

human habitation or intended to be so used and includes any

appurtenances usually enjoyed in the dwelling.

B. Upon the adoption of an ordinance finding that

dwelling conditions of the character described in Subsection

A of this section exist, the governing body of the

municipality may adopt ordinances relating to the dwellings

within the municipality that are unfit for human habitation.

The ordinances shall include the following provisions:

(1) a public officer shall be designated or

appointed to exercise the powers prescribed by the

ordinances;

(2) whenever it appears to the public

officer, on the officer's own motion, that a dwelling is

unfit for human habitation, the officer shall, if the

officer's preliminary investigation discloses a basis for the

pg_0004

SB 401

Page 4

charges, issue and cause to be served on the owner, every

mortgagee of record and all parties in interest in the

dwelling, including persons in possession, a complaint

stating the charges in that respect. The complaint shall

contain a notice that a hearing will be held before the

public officer or the officer's designated agent at a place

fixed in the complaint not less than ten days nor more than

thirty days after the serving of the complaint; that the

owner, mortgagee and parties in interest shall be given the

right to file an answer to the complaint and to appear in

person or otherwise and give testimony at the place and the

time fixed in the complaint; and that the rules of evidence

prevailing in courts of law or equity shall not be

controlling in hearings before the public officer;

(3) if after the notice and hearing the

public officer determines that the dwelling under

consideration is unfit for human habitation, the officer

shall state in writing findings of fact in support of that

determination and shall issue and cause to be served upon the

owner an order in writing that advises the owner of the

owner's rights under Subsection E of this section and that:

(a) if the repair, alteration or

improvement of the dwelling can be made at a reasonable cost

in relation to the value of the dwelling, the ordinance of

the municipality shall fix a certain percentage of the cost

pg_0005

SB 401

Page 5

as being reasonable for that purpose and require the owner,

within the time specified in the order, to repair, alter or

improve the dwelling to render it fit for human habitation or

to vacate and close the dwelling as a human habitation; or

(b) if the repair, alteration or

improvement of the dwelling cannot be made at a reasonable

cost in relation to the value of the dwelling, the ordinance

of the municipality shall fix a certain percentage of the

cost as being reasonable for the purpose, and require the

owner, within the time specified in the order, to remove or

demolish the dwelling;

(4) if the owner fails to comply with an

order to repair, alter or improve or to vacate and close the

dwelling, the public officer may cause the dwelling to be

repaired, altered or improved or to be vacated and closed;

(5) if the owner fails to comply with an

order to remove or demolish the dwelling, the public officer

may cause the dwelling to be removed or demolished; and

(6) the amount of the cost of the repairs,

alterations or improvements or the vacating and closing or

the removal or demolition by the public officer shall be a

lien against the real property upon which the cost was

incurred. If the dwelling is removed or demolished by the

public officer, the officer shall sell the materials of the

dwelling and shall credit the proceeds of the sale against

pg_0006

SB 401

Page 6

the cost of the removal or demolition. Any balance remaining

shall be deposited in the district court by the public

officer and shall be secured in the manner as may be directed

by the court and shall be disbursed by the court to the

persons found to be entitled to the balance by final order or

decree of the court.

C. An ordinance adopted by a municipality pursuant

to this section shall provide that the public officer may

determine a dwelling is unfit for human habitation if the

officer finds that conditions exist in the dwelling that are

dangerous or injurious to the health, safety or morals of the

occupants of the dwelling, the occupants of neighboring

dwellings or other residents of the municipality or that have

a blighting influence on properties in the area. The

conditions may include the following without limitations:

defects increasing the hazards of fire, accident or other

calamities; lack of adequate ventilation, light or sanitary

facilities; dilapidation; disrepair; structural defects;

uncleanliness; overcrowding; inadequate ingress and egress;

inadequate drainage; or any violation of health, fire,

building or zoning regulations or any other laws or

regulations relating to the use of land and the use and

occupancy of buildings and improvements. The ordinance may

provide additional standards to guide the public officer or

the officer's agents or employees in determining the fitness

pg_0007

SB 401

Page 7

of a dwelling for human habitation.

D. Complaints or orders issued by a public officer

pursuant to an ordinance adopted under the provisions of this

section shall be served upon persons either personally or by

registered mail. If the whereabouts of the persons are

unknown and cannot be ascertained by the public officer in

the exercise of reasonable diligence and the public officer

makes an affidavit to that effect, the serving of the

complaint or order upon the persons may be made by publishing

the complaint or order once each week for two consecutive

weeks in a newspaper printed and published in the

municipality or, in the absence of a newspaper, in one

printed and published in the county and circulating in the

municipality in which the dwellings are located. A copy of

the complaint or order shall be posted in a conspicuous place

on the premises affected by the complaint or order. A copy

of the complaint or order shall also be filed with the clerk

of the county in which the dwelling is located. Filing of

the complaint or order shall have the same force and effect

as other lis pendens notices provided by law.

E. A person affected by an order issued by the

public officer may file an appeal pursuant to the provisions

of Section 39-3-1.1 NMSA 1978.

F. An ordinance adopted by the governing body of

the municipality may authorize the public officer to exercise

pg_0008

SB 401

Page 8

powers as may be necessary or convenient to carry out and

effectuate the purposes and provisions of this section,

including the following powers:

(1) to investigate the dwelling conditions

in the municipality in order to determine which dwellings are

unfit for human habitation;

(2) to administer oaths and affirmations,

examine witnesses and receive evidence;

(3) to enter upon premises for the purpose

of making examinations, provided that the entries shall be

made in a manner as to cause the least possible inconvenience

to the persons in possession, and to obtain an order for this

purpose from a court of competent jurisdiction in the event

entry is denied or resisted;

(4) to appoint and fix the duties of any

officers, agents and employees as the officer deems necessary

to carry out the purposes of the ordinances; and

(5) to delegate any functions and powers

under the ordinance to officers, agents and employees that

the public officer may designate.

G. The governing body of a municipality adopting

an ordinance under this section shall, as soon as possible

thereafter, prepare an estimate of the annual expenses or

costs to provide the equipment, personnel and supplies

necessary for periodic examinations and investigations of the

pg_0009

SB 401

Page 9

dwellings in the municipality for the purpose of determining

the fitness of the dwellings for human habitation and for the

enforcement and administration of its ordinance or ordinances

adopted under this section.

H. Nothing in this section shall be construed to

abrogate or impair the powers of the courts or of a

department of a municipality to enforce any provisions of its

charter or its ordinances or regulations or to prevent or

punish violations thereof. The powers conferred by this

section shall be in addition and supplemental to the powers

conferred by any other law.

I. Nothing in this section shall be construed to

impair or limit in any way the power of the municipality to

define and declare nuisances and to cause their removal or

abatement by summary proceedings or otherwise."

Section 3. Section 3-60A-2 NMSA 1978 (being Laws 1979,

Chapter 391, Section 2) is amended to read:

"3-60A-2. FINDINGS AND DECLARATIONS OF NECESSITY.--

A. It is found and declared that there exist in

municipalities of the state slum areas and blighted areas

that constitute a serious and growing menace, injurious to

the public health, safety, morals and welfare of the

residents of the state; that the existence of these areas

contributes substantially to the spread of disease and crime,

constitutes an economic and social burden, substantially

pg_0010

SB 401

Page 10

impairs or arrests the sound and orderly development of

municipalities and retards the maintenance and expansion of

necessary housing accommodations; that economic and

commercial activities are lessened in those areas by the slum

or blighted conditions, and the effects of these conditions

include less employment in the area and municipality, lower

property values, less gross receipts tax revenue for the

state and municipalities and reduces the use of buildings,

residential dwellings and other facilities in the area that

the prevention and elimination of slum areas and blighted

areas and the prevention and elimination of conditions that

impair the sound and orderly development of municipalities is

a matter of state policy and concern in order that the state

and its municipalities shall not continue to be endangered by

these areas that contribute little to the tax income of the

state and its municipalities and that consume an excessive

proportion of its revenues because of the extra services

required for police, fire, accident, hospitalization or other

forms of public protection, services and facilities.

B. Certain slum areas and blighted areas or

portions thereof may require land acquisition and clearance

by the municipality, since prevailing conditions may make

impracticable their reclamation or development; other areas

or portions of the slum or blighted area may be suitable for

conservation or rehabilitation efforts and the conditions and

pg_0011

SB 401

Page 11

evils enumerated in Subsection A of this section may be

eliminated, remedied or prevented by those efforts; and to

the extent feasible, salvageable slum and blighted areas

should be conserved and rehabilitated through voluntary

action, the regulatory process and, when necessary, by

government assistance.

C. The powers conferred by the Metropolitan

Redevelopment Code regarding the use of public money are for

public uses or purposes for which public money may be

expended. The individual benefits accruing to persons as the

result of the powers conferred by the Metropolitan

Redevelopment Code and projects conducted in accordance with

its provisions are found and declared to be incidental to the

objectives of that code and are far outweighed by the benefit

to the public as a whole. Activities authorized and powers

granted by the Metropolitan Redevelopment Code are hereby

declared not to result in a donation or aid to any person,

association or public or private organization or enterprise.

The necessity for these provisions and the power is declared

to be in the public interest as a matter of legislative

determination.

D. The legislature finds that the problems of the

large metropolitan areas are unique in this state because of

the size and magnitude of the problems when such large

numbers of people are affected. The legislature further

pg_0012

SB 401

Page 12

finds and declares that the strategies and methods for

solving these problems in the large metropolitan areas differ

from those in the smaller cities and towns and villages of

the state, and it is necessary to authorize those home rule

metropolitan areas additional powers and flexibility because

of the nature and size of their problems and because the

governments of such metropolitan areas have sufficient staff

to meet and deal with those problems. Further, these

authorizations are merely explanations of the powers of home

rule communities in these metropolitan areas that can be

exercised under home rule authority notwithstanding any

limitations contained in the Metropolitan Redevelopment

Code."

Section 4. Section 3-60A-3 NMSA 1978 (being Laws 1979,

Chapter 391, Section 3) is amended to read:

"3-60A-3. LEGISLATIVE INTENT.--

A. It is the intent of the legislature by the

passage of the Metropolitan Redevelopment Code to authorize

municipalities to acquire, own, lease, improve and dispose of

properties in a metropolitan redevelopment area to the end

that such municipalities may be able to promote industry and

develop trade or other economic activity by inducing profit

or nonprofit corporations, federal governmental offices,

hospitals and manufacturing, industrial, commercial or

business enterprises to locate, expand or remain in such

pg_0013

SB 401

Page 13

area, to mitigate the serious threat of extensive

unemployment in a metropolitan redevelopment area and to

secure and maintain a balanced and stable economy in an area

declared to be a slum or blighted area.

B. It is the further intent of the legislature to

authorize municipalities to acquire, own, lease, improve and

dispose of properties so that adequate medical care,

residential housing and facilities for the disposal of sewage

and solid waste may be provided; and industrial,

manufacturing, commercial or business activities may be begun

or expanded in these areas; furnishing water, energy and gas

may be provided; more adequate facilities for sports events

and activities and recreation activities, conventions and

trade shows may be provided; more parking facilities or

storage or training facilities may be provided; and more

adequate research, product-testing and administrative

facilities may be provided, all of which promote the public

health, welfare, safety, convenience and prosperity.

C. It is, therefore, the intention of the

legislature to vest municipalities with all powers, other

than the power of eminent domain, that may be necessary to

enable them to accomplish such purposes, which powers shall

in all respects be exercised for the benefit of the

inhabitants of this state and municipalities of the state for

the promotion of their health, safety, welfare, convenience

pg_0014

SB 401

Page 14

and prosperity.

D. It is not intended by the Metropolitan

Redevelopment Code to authorize any municipality to operate

any manufacturing, industrial, commercial or business

enterprise or any research, product-testing or administrative

facilities of such enterprise. Nor is it the intent of that

code to prohibit the operation by a municipality of

residential housing facilities, health care facilities,

sewage or solid waste disposal facilities or the furnishing

of water, sports or recreation facilities, convention or

trade show facilities, airports, public transportation

facilities or operations, parking facilities or storage or

training facilities by any municipality."

Section 5. Section 3-60A-10 NMSA 1978 (being Laws 1979,

Chapter 391, Section 10) is amended to read:

"3-60A-10. POWERS OF MUNICIPALITY.--A municipality

shall have all the powers, other than the power of eminent

domain, necessary or convenient to carry out and effectuate

the purposes and provisions of the Metropolitan Redevelopment

Code, including but not necessarily limited to the following

powers:

A. to undertake and carry out metropolitan

redevelopment projects within its area of operation,

including clearance and redevelopment, rehabilitation,

conservation and development activities and programs; to

pg_0015

SB 401

Page 15

make, enter into and execute contracts and other agreements

and instruments necessary or convenient to the exercise of

its powers under the Redevelopment Law; and to disseminate

information regarding slum clearance, prevention of blight

and the metropolitan redevelopment projects and areas;

B. to provide, arrange or contract for the

furnishing or repair by a public or private person or agency

for services, privileges, works, streets, roads, public

utilities, public buildings or other facilities for or in

connection with a metropolitan redevelopment project; to,

within its area of operation, install, acquire, construct,

reconstruct, remodel, rehabilitate, maintain and operate

streets, utilities, parks, buildings, playgrounds and public

buildings, including but not limited to parking facilities,

transportation centers, public safety buildings and other

public improvements or facilities or improvements for public

purposes, as may be required by the municipality, the state

or a political subdivision of the state; to agree to

conditions that it may deem reasonable and appropriate that

are attached to federal financial assistance and imposed

pursuant to federal law, including conditions relating to the

determination of prevailing salaries or wages or compliance

with federal and state labor standards, compliance with

federal property acquisition policy and the provision of

relocation assistance in accordance with federal law in the

pg_0016

SB 401

Page 16

undertaking or carrying out of a metropolitan redevelopment

project; and to include in a contract let in connection with

the project provisions to fulfill these conditions as it may

deem reasonable and appropriate; provided, however, that all

purchases of personal property shall be in accordance with

the Procurement Code;

C. within its area of operation, to inspect any

building or property in a metropolitan redevelopment area in

order to make surveys, appraisals, soundings or test borings

and to obtain an order for this purpose from a court of

competent jurisdiction in the event inspection is denied by

the property owner or occupant; to acquire, by purchase,

lease, option, gift, grant, bequest, devise or otherwise, any

real property or personal property for its administrative or

project purposes, together with any improvements thereon; to

hold, improve, clear or prepare for redevelopment any such

property; to mortgage, pledge, hypothecate or otherwise

encumber or dispose of any real property; to insure or

provide for the insurance of real or personal property or

operations of the municipality against risks or hazards,

including the power to pay premiums on that insurance; and to

enter into contracts necessary to effectuate the purposes of

the Metropolitan Redevelopment Code;

D. to invest metropolitan redevelopment project

funds held in reserve, sinking funds or other project funds

pg_0017

SB 401

Page 17

that are not required for immediate disbursement in property

or securities in which municipalities may legally invest

funds subject to their control; to redeem bonds as have been

issued pursuant to the Metropolitan Redevelopment Code at the

redemption price established in the bonds or to purchase the

bonds at less than redemption price. Bonds so redeemed or

purchased shall be canceled;

E. to borrow or lend money subject to those

procedures and limitations as may be provided in the

constitution of New Mexico or the Municipal Code and to apply

for and accept advances, loans, grants, contributions and

other forms of financial assistance from the federal

government, the state, the county or other public body or

from sources, public or private, for the purposes of the

Metropolitan Redevelopment Code; and to give security as may

be required and subject to the provisions and limitations of

general law except as may otherwise be provided by the

Redevelopment Law and to enter into and carry out contracts

in connection with that law. A municipality may include in a

contract for financial assistance with the federal government

for a metropolitan redevelopment project conditions imposed

pursuant to federal law that the municipality may deem

reasonable or appropriate and that are not inconsistent with

the purposes of the Metropolitan Redevelopment Code;

F. within its area of operation, to make plans

pg_0018

SB 401

Page 18

necessary for the carrying out of the purposes of the

Metropolitan Redevelopment Code and to contract with any

person, public or private, in making and carrying out such

plans and to adopt or approve, modify and amend the plans.

The plans may include without limitation:

(1) a general plan for redevelopment of the

metropolitan area as a whole;

(2) redevelopment plans for specific areas;

(3) plans for programs of voluntary or

assisted repair and rehabilitation of buildings and

improvements;

(4) plans for the enforcement of state and

local laws, codes and regulations relating to the use of land

and the use and occupancy of buildings and improvements and

to the compulsory repair, rehabilitation, demolition or

removal of buildings and improvements; and

(5) appraisals, title searches, surveys,

studies and other preliminary plans and work necessary to

prepare for the undertaking of metropolitan redevelopment

projects;

G. to develop, test and report methods and

techniques and carry out demonstrations and other activities

for the prevention and elimination of slums and urban blight

and to pay for, accept and use grants of funds from the

federal government for those purposes;

pg_0019

SB 401

Page 19

H. to prepare plans for the relocation of families

displaced from a metropolitan redevelopment area to the

extent essential for acquiring possession of and clearing the

area or its parts or permit the carrying out of the

metropolitan redevelopment project;

I. to appropriate under existing authority the

funds and make expenditures necessary to carry out the

purposes of the Metropolitan Redevelopment Code and under

existing authority to levy taxes and assessments for such

purposes; to close, vacate, plan or replan streets, roads,

sidewalks, ways or other places; in accordance with

applicable law or ordinances, to plan or replan, zone or

rezone any part of the municipality or make exceptions from

building regulations; and to enter into agreements with a

metropolitan redevelopment agency vested with metropolitan

redevelopment project powers, which agreements may extend

over any period, notwithstanding any provision or rule of law

to the contrary, respecting action to be taken by the

municipality pursuant to the powers granted by the

Redevelopment Law;

J. within its area of operation, to organize,

coordinate and direct the administration of the provisions of

the Redevelopment Law as they apply to the municipality in

order that the objective of remedying slum areas and blighted

areas and preventing the causes of those areas within the

pg_0020

SB 401

Page 20

municipality may be most effectively promoted and achieved

and to establish any new office of the municipality or to

reorganize existing offices as necessary;

K. to acquire real property that is appropriate

for the preservation or restoration of historic sites; the

beautification of urban land; the conservation of open

spaces, natural resources and scenic areas; or the provision

of recreational opportunities; or that is to be used for

public purposes;

L. to engage in the following activities as part

of a metropolitan redevelopment project:

(1) acquisition, construction,

reconstruction or installation of public works, facilities

and site or other improvements, including but not limited to

neighborhood facilities, senior citizen centers, historic

properties, utilities, streets, street lights, water and

sewer facilities, including connections for residential

users, foundations and platforms for air-rights sites,

pedestrian malls and walkways, parks, playgrounds and other

recreation facilities, flood and drainage facilities, parking

facilities, solid waste disposal facilities and fire

protection or health facilities that serve designated areas;

(2) special projects directed to the removal

of materials and architectural barriers that restrict the

mobility and accessibility of elderly and disabled persons;

pg_0021

SB 401

Page 21

(3) provision of public services in the

metropolitan redevelopment area that are not otherwise

available in the area, including but not limited to the

provisions of public services directed to the employment,

economic development, crime prevention, child care, health,

drug abuse, welfare or recreation needs of the people who

reside in the metropolitan redevelopment area;

(4) payment of the nonfederal share of any

federal grant-in-aid program to the municipality that will be

a part of a metropolitan redevelopment project;

(5) if federal funds are used in the project

to provide for payment of relocation costs and assistance to

individuals, families, businesses, organizations and farm

operations displaced as a direct result of a metropolitan

redevelopment project in accordance with applicable law

governing such payment;

(6) payment of reasonable administrative

costs and carrying charges related to the planning and

execution of plans and projects;

(7) economic and marketing studies to

determine the economic condition of an area and to determine

the viability of certain economic ventures proposed for the

metropolitan redevelopment area;

(8) issuance of bonds, grants or loans as

authorized by the Metropolitan Redevelopment Code in

pg_0022

SB 401

Page 22

accordance with the requirements of that code; and

(9) grants to nonprofit corporations, local

development corporations or entities organized under Section

301 (d) of the federal Small Business Investment Act of 1958

for the purposes of carrying out the provisions of the

Metropolitan Redevelopment Code;

M. if payments are to be made by the municipality

or metropolitan redevelopment agency under the terms of a

contract for reconstruction or rehabilitation of private

property payments shall be made from a special fund created

for that purpose and shall not be paid directly to the

property owner but shall instead be paid to the contractor by

the municipality or agency from such fund upon proper

authorization of the property owner and notification that the

terms of the contract have been fulfilled. However, those

rehabilitation contracts shall be between the property owner

and the contractor after a sealed bidding procedure and award

of contract approved by the municipality has taken place;

N. in a metropolitan redevelopment project or

rehabilitation or conservation undertaking or activity, to

exercise the following powers in one or more metropolitan

redevelopment areas to include the elimination and prevention

of the development or spread of slums or blight and may

involve slum clearance and redevelopment in that area or

rehabilitation or conservation in that area or any

pg_0023

SB 401

Page 23

combination or part of those areas in accordance with a

metropolitan redevelopment plan and for undertakings or

activities of a municipality in a metropolitan redevelopment

area to eliminate the conditions that caused an area to be so

designated and may include the following:

(1) acquisition of real property within the

metropolitan redevelopment area pursuant to any powers and

for purposes enumerated in the Metropolitan Redevelopment

Code;

(2) clearing the land, grading the land and

replatting the land in accordance with the metropolitan

redevelopment plan; installation, construction or

reconstruction of roads, streets, gutters, sidewalks, storm

drainage facilities, water lines or water supply

installations, sewer lines and sewage disposal installations,

steam, gas and electric lines and installations, airport

facilities and construction of any other needed public

facilities or buildings whether on or off the site if deemed

necessary by the local governing body to prepare the land in

the metropolitan redevelopment area for residential,

commercial, industrial and public use in accordance with the

metropolitan redevelopment plan; and

(3) making the land available for

development by private enterprise or public agencies,

including sale, initial leasing, leasing or retention by the

pg_0024

SB 401

Page 24

municipality itself, at its fair market value for uses in

accordance with the metropolitan redevelopment plan for the

area;

O. the municipality is empowered in a metropolitan

redevelopment area to undertake slum clearance and

redevelopment that includes:

(1) acquisition of a slum area or a blighted

area or portion thereof;

(2) demolition and removal of buildings and

improvements;

(3) installation, construction,

reconstruction, maintenance and operation of streets,

utilities, storm drainage facilities, curbs and gutters,

parks, playgrounds, single- or multi-family dwelling units,

buildings, public buildings, including but not limited to

parking facilities, transportation centers, safety buildings

and other improvements, necessary for carrying out in the

area the provisions of an approved plan for the area; and

(4) making the real property available for

development or redevelopment by private enterprise or public

agencies, including sale, leasing or retention by the

municipality itself, at its fair value for uses in accordance

with the metropolitan redevelopment area plan; and

P. to engage in rehabilitation or conservation

that includes the restoration and renewal of a slum or

pg_0025

SB 401

Page 25

blighted area or portion thereof in accordance with any

approved plan, by:

(1) carrying out plans for a program of

voluntary or compulsory repair and rehabilitation of

buildings or other improvements;

(2) acquisition of real property and

demolition or removal of buildings and improvements thereon

where necessary to eliminate unhealthful, unsanitary or

unsafe conditions, lessen or increase density, eliminate

obsolete or other uses detrimental to the public welfare or

to otherwise remove or prevent the spread of blight or

deterioration or to provide land for needed public

facilities;

(3) installation, construction or

reconstruction of streets, utilities, parks, playgrounds and

other improvements necessary for carrying out in the area the

provisions of the Metropolitan Redevelopment Code;

(4) the disposition of any property acquired

in such an area, including sale, leasing or retention by the

municipality itself, for uses in accordance with such an

approved plan;

(5) acquisition of real property in the area

which, under a plan, is to be repaired or rehabilitated;

(6) repair or rehabilitation of structures

within the area;

pg_0026

SB 401

Page 26

(7) power to resell repaired or

rehabilitated property;

(8) acquisition, without regard to any

requirement that the area be a slum or blighted area, of

air-rights in an area consisting principally of land on which

is located a highway, railway, bridge or subway tracks or

tunnel entrance or other similar facilities that have a

blighting influence on the surrounding area and over which

air-rights sites are to be developed for the elimination of

such blighting influences; and

(9) making loans or grants or authorizing

the use of the proceeds of bonds issued pursuant to the

Metropolitan Redevelopment Code for the purpose of repairing,

remodeling, modifying or otherwise reconstructing a building

or buildings located in the metropolitan redevelopment area.

Such rehabilitation or conservation with use of funds

expended by authority of the Metropolitan Redevelopment Code

or by metropolitan revenue bonds authorized by that code

shall be authorized only after approval by the local

governing body and after it has been determined that such

expenditure is in accordance with the metropolitan

redevelopment plan for that area."

Section 6. Section 3-60A-15 NMSA 1978 (being Laws 1979,

Chapter 391, Section 15) is amended to read:

"3-60A-15. EXERCISE OF POWERS IN CARRYING OUT

pg_0027

SB 401

Page 27

PROJECTS.--

A. The local governing body may directly exercise

its metropolitan redevelopment project powers or it may, by

ordinance if it determines such action to be in the public

interest, elect to delegate the exercise of such powers to

the metropolitan redevelopment agency created pursuant to the

Redevelopment Law. If the local governing body so

determines, the agency shall be vested with all of the powers

in the same manner as though all the powers were conferred on

the agency or authority instead of the municipality.

B. As used in this section, the term

"redevelopment project powers" includes any rights, powers,

functions and duties of a municipality authorized by the

Redevelopment Law except the following, which are reserved to

the local governing body; the power to:

(1) declare an area to be a slum or a

blighted area or combination thereof and to designate the

area as appropriate for a redevelopment project;

(2) approve or amend redevelopment plans;

(3) approve a general plan for the

municipality as a whole;

(4) make findings of necessity prior to

preparation of a metropolitan redevelopment plan as provided

in the Redevelopment Law and the findings and determinations

required prior to approval of a metropolitan redevelopment

pg_0028

SB 401

Page 28

plan or project as provided in the Redevelopment Law;

(5) issue general obligation bonds and

revenue bonds authorized in the Municipal Code;

(6) approve loans or grants;

(7) approve leases of more than one year's

duration;

(8) issue municipal redevelopment bonds; and

(9) appropriate funds and levy taxes and

assessments."

Section 7. REPEAL.--Sections 3-46-1 through 3-46-42,

3-46-44, 3-46-45, 3-60-1 through 3-60-37 and 3-60A-11 NMSA

1978 (being Laws 1965, Chapter 300, Section 14-47-1, Laws

1971, Chapter 200, Section 2, Laws 1969, Chapter 221, Sections

1 through 20, Laws 1971, Chapter 200, Sections 5 through 7,

Laws 1965, Chapter 300, Sections 14-47-3 through 14-47-9, Laws

1969, Chapter 279, Section 1, Laws 1965, Chapter 300, Sections

14-47-10 through 14-47-18, Laws 1971, Chapter 200, Section 22,

Laws 1975, Chapter 333, Section 2, Laws 1975, Chapter 341,

Sections 1 through 37 and Laws 1979, Chapter 391, Section 11,

as amended) are repealed.