HOUSE BILL 257
49th legislature - STATE OF NEW MEXICO - second session, 2010
INTRODUCED BY
Don L. Tripp
AN ACT
RELATING TO THE TAXATION OF REAL PROPERTY; PROVIDING FOR THE METHOD OF VALUATION OF RESIDENTIAL COMMON AREAS; AMENDING SECTION 7-36-15 NMSA 1978 (BEING LAWS 1975, CHAPTER 165, SECTION 2, AS AMENDED).
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 7-36-15 NMSA 1978 (being Laws 1975, Chapter 165, Section 2, as amended) is amended to read:
"7-36-15. METHODS OF VALUATION FOR PROPERTY TAXATION PURPOSES--GENERAL PROVISIONS.--
A. Property subject to valuation for property taxation purposes under this article of the Property Tax Code shall be valued by the methods required by this article of the Property Tax Code whether the determination of value is made by the department or the county assessor. The same or similar methods of valuation shall be used for valuation of the same or similar kinds of property for property taxation purposes.
B. Unless a method or methods of valuation are authorized in Sections 7-36-20 through 7-36-33 NMSA 1978, the value of property for property taxation purposes shall be its market value as determined by application of the sales of comparable property, income or cost methods of valuation or any combination of these methods. In using any of the methods of valuation authorized by this subsection, the valuation authority:
(1) shall apply generally accepted appraisal techniques; and
(2) in determining the market value of residential housing, shall consider any decrease in the value that would be realized by the owner in a sale of the property because of the effects of any affordable housing subsidy, covenant or encumbrance imposed pursuant to a federal, state or local affordable housing program that restricts the future use of the property or the resale price of the property or would otherwise prohibit the owner from fully benefitting from any enhanced value of the property. As used in this paragraph:
(a) "subsidy, covenant or encumbrance imposed pursuant to a federal, state or local affordable housing program" includes those imposed by a nonprofit entity approved by a governmental entity as a qualifying grantee pursuant to the Affordable Housing Act; and
(b) "residential housing" means any building, structure or portion thereof that is primarily occupied, or designed or intended primarily for occupancy, as a residence by one or more households and any real property that is offered for sale or lease for the construction or location thereon of such a building, structure or portion thereof. "Residential housing" includes congregate housing, manufactured homes, housing intended to provide or providing transitional or temporary housing for homeless persons and common health care, kitchen, dining, recreational and other facilities primarily for use by residents of a residential housing project.
C. Dams, reservoirs, tanks, canals, irrigation wells, installed irrigation pumps, stock-watering wells and pumps, similar structures and equipment used for irrigation or stock-watering purposes, water rights and private roads shall not be valued separately from the land they serve. The foregoing improvements and rights shall be considered as appurtenances to the land they serve, and their value shall be included in the determination of value of the land.
D. A common area of a planned unit development or subdivision for the exclusive use of a lot owner, resident or invited guest of a lot owner or resident of the planned unit development or subdivision shall not be valued separately from each lot. The value of a common area shall be included in the determination of value of each lot served by the common area. If the common area is converted to a different use, the property shall be valued pursuant to Subsection A of this section. As used in this subsection, "common area" means improved or unimproved real property that is:
(1) deeded as an undivided interest in each of the lots of the planned unit development or subdivision served by the common area; or
(2) owned by a nonprofit homeowners' association, community association or corporation that is operated to provide management of a common area with rights to use that common area appurtenant to and passing with the title to each lot of the planned unit development or subdivision served by the common area.
[D.] E. The department shall adopt regulations to implement the methods of valuation authorized in this article of the Property Tax Code."
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