SENATE JOINT RESOLUTION 8

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Gay G. Kernan

A JOINT RESOLUTION

RATIFYING AND APPROVING THE LEASE, SALE OR TRADE OF REAL PROPERTY IN THE CITY OF HOBBS.

     WHEREAS, Section 13-6-2 NMSA 1978 requires that a written determination be made by a state agency to sell or otherwise dispose of real property it owns; and

     WHEREAS, Section 13-6-2.1 NMSA 1978 requires state board of finance approval for any sale, trade or lease for a period of more than five years of real property belonging to a state agency, local public body or school district or any sale, trade or lease of such real property for a consideration of more than twenty-five thousand dollars ($25,000); and

     WHEREAS, Section 13-6-3 NMSA 1978 requires ratification and approval of the state legislature of any sale, trade or lease for a period of more than twenty-five years of real property belonging to a state agency for a consideration of one hundred thousand dollars ($100,000) or more; and

     WHEREAS, the property control division of the general services department owns certain real property in Lea county, New Mexico, described as:

     "Approximately 3.09 vacant acres of a 7.54 acre tract located in Section 29, Township 18 South, Range 38 East, NMPM, Lea County, New Mexico. The property is located at 1625 N. French Drive, Hobbs, New Mexico, upon which is a facility housing the oil conservation division of the energy, minerals and natural resources department"; and

     WHEREAS, it may be determined that the property is not needed by the state for any purpose and that it may be sold;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that, if a written determination is made to sell the described land, the property control division of the general services department is authorized to sell the described land to Tierra Exploration, incorporated, at a value not less than the appraised market value and that the sale is hereby ratified and approved pursuant to the provisions of Section 13-6-3 NMSA 1978, subject to the conditions of this resolution and approval by the state board of finance; and

     BE IT FURTHER RESOLVED that if the property is sold, the property shall be appraised by an appraiser selected by the property control division of the general services department and approved by the property tax division of the taxation and revenue department, and the appraisal of the property shall be reviewed and validated by the property tax division of the taxation and revenue department; and

     BE IT FURTHER RESOLVED that, if the property control division of the general services department determines that a land grant has the right of first refusal to purchase the property pursuant to Section 13-6-5 NMSA 1978, no sale or trade of the property shall be made until the division complies with the requirements of that section; and

     BE IT FURTHER RESOLVED that the property shall not be sold until the sale has been reviewed by the capitol buildings planning commission; and

     BE IT FURTHER RESOLVED that copies of this resolution be transmitted to the property control division of the general services department, the oil conservation division of the energy, minerals and natural resources department, the property tax division of the taxation and revenue department, the state board of finance and the capitol buildings planning commission.

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