SENATE BILL 457

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

William E. Sharer

AN ACT

RELATING TO STREET DEVELOPMENT; ALLOWING A MUNICIPALITY BY ORDINANCE TO IMPOSE CHARGES AND ASSESSMENTS FOR MAINTAINING, ENLARGING, CONSTRUCTING, REPAIRING AND EXTENDING STREETS; ESTABLISHING LIEN PRIORITY.

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

     SECTION 1. A new section of the Municipal Code is enacted to read:

     "[NEW MATERIAL] STREET DEVELOPMENT--CHARGES AND ASSESSMENTS FOR MAINTENANCE AND EXTENSION--LIENS.--

          A. A municipality, for the purpose of maintaining, extending, enlarging, constructing and repairing streets and for paying the interest and principal on revenue bonds issued for the acquisition, condemnation or construction of streets, may levy by general ordinance a just and reasonable service charge upon a front-foot, volume-of-street or other equitable basis on:

                (1) an improved or unimproved lot or land that adjoins a street or that is accessible to such a street; and

                (2) premises and improvements otherwise situated but connected to a street.

          B. Any charge authorized in Subsection A of this section is a lien co-equal with a similar lien and superior to all other liens except general property taxes upon the property so charged and is a personal liability of the owner of the property so charged. The lien shall be enforced as provided in Sections 3-36-1 through 3-36-7 NMSA 1978."

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