0001|                           HOUSE BILL 1017
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                           JAMES G. TAYLOR
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO PLANNING AND PLATTING JURISDICTION; AMENDING
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0012|     SECTIONS 3-19-5 AND 3-20-5 NMSA 1978 (BEING LAWS 1965, CHAPTER
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0013|     300, SECTIONS 14-18-5 AND 14-19-5, AS AMENDED).
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  Section 3-19-5 NMSA 1978 (being Laws 1965,
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0017|     Chapter 300, Section 14-18-5, as amended) is amended to read:
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0018|          "3-19-5.  PLANNING AND PLATTING JURISDICTION.--
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0019|               A.  Each municipality shall have planning and
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0020|     platting jurisdiction within its municipal boundary.  The
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0021|     planning and platting jurisdiction of a municipality:
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0022|                    (1)  having a population of twenty-five
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0023|     thousand or more persons <u>but less than two hundred thousand
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<u></u>0024| <u>    persons</u> includes all territory within five miles of its
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0025|     boundary and not within the boundary of another municipality;
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0001|     or
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0002|                    (2)  having a population of less than twenty-
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0003|     five thousand persons includes all territory within three miles
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0004|     of its boundary and not within the boundary of another
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0005|     municipality.
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0006|               B.  If territory not lying within the boundary of a
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0007|     municipality is within the planning and platting jurisdiction
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0008|     of more than one municipality, the planning and platting
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0009|     jurisdiction of each municipality shall terminate equidistant
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0010|     from the boundary of each municipality unless one municipality
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0011|     has a population of less than two thousand five hundred persons
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0012|     and another municipality has a population of more than two
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0013|     thousand five hundred persons according to the most recent
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0014|     census.  Then the planning and platting jurisdiction of the
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0015|     municipality having the greatest population extends to such
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0016|     territory."
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0017|          Section 2.  Section 3-20-5 NMSA 1978 (being Laws 1965,
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0018|     Chapter 300, Section 14-19-5, as amended) is amended to read:
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0019|          "3-20-5.  COUNTY AND MUNICIPAL JURISDICTION OVER
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0020|     SUBDIVISION--CONCURRENT JURISDICTION--ACCEPTANCE OF UNAPPROVED
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0021|     STREETS--EXERCISE OF JURISDICTION.--
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0022|               A.  For the purpose of approving the subdivision and
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0023|     platting of land:
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0024|                    (1)  the jurisdiction of a county includes all
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0025|     territory not within the boundary of a municipality;
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0001|                    (2)  the jurisdiction of a municipality having
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0002|     a population of twenty-five thousand or more persons <u>but less
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<u></u>0003| <u>    than two hundred thousand persons</u> according to the most recent
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0004|     census includes all territory within five miles of the boundary
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0005|     of the municipality and not within the boundary of another
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0006|     municipality; and
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0007|                    (3)  the jurisdiction of a municipality having
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0008|     a population of less than twenty-five thousand persons
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0009|     according to the most recent census includes all territory
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0010|     within three miles of the municipal boundary and not within the
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0011|     boundary of another municipality.
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0012|          Each municipality shall have jurisdiction over the
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0013|     territory within its boundary.
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0014|               B.  If territory not lying within the boundary of a
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0015|     municipality is within the platting jurisdiction of more than
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0016|     one municipality, the platting jurisdiction of each
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0017|     municipality shall terminate equidistant from the boundary of
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0018|     each municipality unless one municipality has a population
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0019|     according to the most recent census of less than two thousand
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0020|     five hundred persons and another municipality has a population
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0021|     according to the most recent census of more than two thousand
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0022|     five hundred persons.  Then the platting jurisdiction of the
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0023|     municipality having the greatest population extends to such
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0024|     territory.
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0025|               C.  The county and a municipality shall exercise
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0001|     concurrent jurisdiction over territory within the platting
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0002|     jurisdiction of both the county and the municipality.
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0003|               D.  The governing body of a municipality or the
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0004|     board of county commissioners may not locate, construct or
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0005|     accept any street dedication until the street dedication is
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0006|     first submitted to the planning authority for approval or
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0007|     disapproval.  If disapproved by the planning authority, the
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0008|     street dedication may be approved by a two-thirds vote of all
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0009|     the members of the governing body of the municipality having
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0010|     jurisdiction or of the board of county commissioners having
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0011|     jurisdiction.  A street dedication accepted by the planning
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0012|     authority or by a two-thirds vote of all the members of the
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0013|     governing body of the municipality having jurisdiction or of
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0014|     the board of county commissioners having jurisdiction shall
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0015|     have the same status as any other public street."
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0016|                              
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