0001|                           SENATE BILL 1169
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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|                           DIANNA J. DURAN
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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 SUBDIVISIONS; ESTABLISHING PROCEDURES FOR
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0012|     SUBDIVIDING LAND; PROVIDING FOR INCREASED CIVIL AND CRIMINAL
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0013|     PENALTIES; REPEALING AND ENACTING SECTIONS OF THE NEW MEXICO
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0014|     SUBDIVISION ACT.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  Section 47-6-1 NMSA 1978 (being Laws 1973,
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0018|     Chapter 348, Section 1) is repealed and a new Section 47-6-1
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0019|     NMSA 1978 is enacted to read:
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0020|          "47-6-1.  [<u>NEW MATERIAL</u>]  SHORT TITLE.--Sections 1
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0021|     through 27 of this act may be cited as the "Subdivision Act"."
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0022|          Section 2.  Section 47-6-2 NMSA 1978 (being Laws 1973,
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0023|     Chapter 348, Section 2, as amended) is repealed and a new
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0024|     Section 47-6-2 NMSA 1978 is enacted to read:
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0025|          "47-6-2.  [<u>NEW MATERIAL</u>]  DEFINITIONS.--As used in the
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0001|     Subdivision Act:
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0002|               A.  "lease" means to lease or offer to lease land;
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0003|               B.  "parcel" means any parcel of land not dedicated
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0004|     for public or common use;
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0005|               C.  "person" means any individual, estate, trust,
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0006|     receiver, cooperative association, club, corporation, company,
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0007|     firm, partnership, joint venture, syndicate or other entity;
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0008|               D.  "plat" means a map, chart, survey, plan or
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0009|     replat certified by a licensed, registered land surveyor
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0010|     containing a description of the subdivided land with ties to
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0011|     permanent monuments;
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0012|               E.  "sell" means to sell or offer to sell land;
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0013|               F.  "terrain management" means the control of
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0014|     floods, drainage and erosion and measures required for adapting
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0015|     proposed development to existing soil characteristics and
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0016|     topography;
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0017|               G. "subdivide" means to divide a surface area of
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0018|     land into a subdivision;
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0019|               H.  "subdivider" means any person who creates or who
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0020|     has created a subdivision individually or as part of a common
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0021|     promotional plan or any person engaged in the sale or lease of
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0022|     subdivided land which is being sold or leased or has been sold
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0023|     or leased within the preceding three years by the owner in the
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0024|     ordinary course of business; however, "subdivider" does not
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0025|     include any duly licensed real estate broker or salesperson
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0001|     acting on his own account;
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0002|     
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0003|               I.  "subdivision" means the division of a surface
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0004|     area of land, including land within a previously approved
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0005|     subdivision, into two or more parcels for the purpose of sale,
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0006|     lease or other conveyance or for building development, whether,
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0007|     immediate or future, but "subdivision" does not include:
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0008|                    (1)  the sale, lease or other conveyance of any
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0009|     parcel that is thirty-five acres or larger in size within any
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0010|     twelve-month period, provided that the land has been used
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0011|     primarily and continuously for agricultural purposes, in
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0012|     accordance with Section 7-36-20 NMSA 1978, for the preceding
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0013|     three years;
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0014|                    (2)  the sale or lease or apartments, offices,
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0015|     stores or similar space within a building;
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0016|                    (3)  the division of land within the boundaries
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0017|     of a municipality;
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0018|                    (4)  the division of land in which only gas,
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0019|     oil, mineral or water rights are severed from the surface
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0020|     ownership of the land;
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0021|                    (5)  the division of land created by court
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0022|     order where the order creates no more than one parcel per
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0023|     party;
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0024|                    (6)  the division of land for grazing or
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0025|     farming activities provided the land continues to be used for
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0001|     grazing or farming activities;
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0002|                    (7)  the division of land resulting only in the
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0003|     alteration of parcel boundaries where parcels are altered for
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0004|     the purpose of increasing or reducing the size of contiguous
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0005|     parcels and where the number of parcels is not increased;
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0006|                    (8)  the division of land to create burial
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0007|     plots in a cemetery;
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0008|                    (9)  the division of land to create a parcel
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0009|     that is sold or donated as a gift to an immediate family
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0010|     member; however, this exception shall be limited to allow the
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0011|     seller or donor to sell or give no more than one parcel per
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0012|     tract of land per immediate family member;
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0013|                    (10)  the division of land created to provide
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0014|     security for mortgages, liens or deeds of trust; provided that
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0015|     the division of land is not the result of a seller-financed
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0016|     transaction;
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0017|                    (11)  the sale, lease or other conveyance of
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0018|     land that creates no parcel smaller than one hundred forty
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0019|     acres;
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0020|                    (12)  the division of land to create a parcel
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0021|     that is donated to any trust or nonprofit corporation granted
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0022|     an exemption from federal income tax, as described in Section
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0023|     501 (c)(3) of the Internal Revenue Code of 1986, as amended;
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0024|     school, college or other institution with a defined curriculum
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0025|     and a student body and faculty that conducts classes on a
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0001|     regular basis; or to any church or group organized for the
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0002|     purpose of divine worship, religious teaching or other
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0003|     specifically religious activity; or
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0004|                    (13)  the sale, lease or other conveyance of a
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0005|     single parcel from a tract of land, except from a tract within
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0006|     a previously approved subdivision, within any five-year period;
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0007|     provided that a second or subsequent sale, lease or other
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0008|     conveyance from the same tract of land within five years of the
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0009|     first sale, lease or other conveyance shall be subject to the
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0010|     provisions of the Subdivision Act; provided further that a
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0011|     survey shall be filed with the county clerk indicating the
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0012|     five-year holding period for both the original tract and the
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0013|     newly created tract;
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0014|               J.  "time of purchase or lease" means the time of
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0015|     signing any document obligating  the person signing the
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0016|     document to purchase, lease or otherwise acquire a legal
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0017|     interest in land as a lessee;
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0018|               K.  "common promotional plan" means any plan or
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0019|     scheme of operation, undertaken by a single subdivider or a
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0020|     group of subdividers acting in concert, to offer for sale or
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0021|     lease parcels of land where such land is either contiguous or
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0022|     part of the same area of land or is known, designated or
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0023|     advertised as a common unit or by a common name;
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0024|               L.  "type-one subdivision" means any subdivision
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0025|     containing five hundred or more parcels, any one of which is
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0001|     less than ten acres in size;
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0002|               M.  "type-two subdivision" means any subdivision
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0003|     containing not fewer than twenty-five but not more than four
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0004|     hundred ninety-nine parcels, any one of which is less than ten
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0005|     acres in size;
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0006|               N.  "type-three subdivision" means any subdivision
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0007|     containing not fewer than five but not more than twenty-four
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0008|     parcels, any one of which is less than ten acres in size;
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0009|               O.  "type-four subdivision" means any subdivision
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0010|     containing twenty-five or more parcels, each of which is ten
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0011|     acres or more in size; and
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0012|               P.  "type-five subdivision" means any subdivision
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0013|     containing not fewer than three parcels and not more than
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0014|     twenty-four parcels, each of which is ten acres or more in
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0015|     size."
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0016|          Section 3.  Section 47-6-3 NMSA 1978 (being Laws 1973,
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0017|     Chapter 348, Section 3) is repealed and a new Section 47-6-3
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0018|     NMSA 1978 is enacted to read:
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0019|          "47-6-3.  [<u>NEW MATERIAL</u>]  SUBDIVISION--DESCRIPTION.--Any
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0020|     person desiring to subdivide land shall have a plat of the
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0021|     proposed subdivision certified by a surveyor registered in New
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0022|     Mexico.  The plat shall define the subdivision and all roads by
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0023|     reference to permanent monuments, accurately describe each
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0024|     parcel, number each parcel in progression and give its
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0025|     dimensions and the dimensions of all land dedicated for public
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0001|     use or for the use of the owners of parcels fronting or
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0002|     adjacent to the land.  Descriptions of parcels by number and
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0003|     plat designation are valid in conveyances and valid for the
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0004|     purpose of taxation."
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0005|          Section 4.  Section 47-6-4 NMSA 1978 (being Laws 1973,
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0006|     Chapter 348, Section 4) is repealed and a new Section 47-6-4
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0007|     NMSA 1978 is enacted to read:
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0008|          "47-6-4.  [<u>NEW MATERIAL</u>]  PLAT ACKNOWLEDGMENT--
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0009|     AFFIDAVIT.--Every plat shall contain a statement that the land
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0010|     being subdivided is subdivided in accordance with the desire of
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0011|     the owner of the land.  The plat shall be acknowledged by the
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0012|     owner or his authorized agent in the manner required for the
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0013|     acknowledgment of deeds.  Every plat submitted to the county
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0014|     clerk shall be accompanied by an affidavit of the owner or his
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0015|     authorized agent stating whether or not the proposed
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0016|     subdivision lies within the subdivision regulation jurisdiction
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0017|     of the county."
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0018|          Section 5.  Section 47-6-5 NMSA 1978 (being Laws 1973,
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0019|     Chapter 348, Section 5, as amended) is repealed and a new
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0020|     Section 47-6-5 NMSA 1978 is enacted to read:
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0021|          "47-6-5.  [<u>NEW MATERIAL</u>]  DEDICATION FOR PUBLIC USE--
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0022|     MAINTENANCE.--Approval of a plat by the board of county
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0023|     commissioners dedicates the land designated on the plat for
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0024|     public use.  Dedicated land is public property, and the fee
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0025|     vests in the county if the dedicated land lies outside the
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0001|     boundaries of a municipality.  The plat shall clearly state
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0002|     that the subdivider has agreed to build the roads within the
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0003|     subdivision in full conformance with the requirements of the
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0004|     county subdivision regulations.  Upon full conformance with the
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0005|     county road construction standards, the roads may be accepted
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0006|     for maintenance by the county."
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0007|          Section 6.  Section 47-6-6 NMSA 1978 (being Laws 1973,
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0008|     Chapter 348, Section 6, as amended) is repealed and a new
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0009|     Section 47-6-6 NMSA 1978 is enacted to read:
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0010|          "47-6-6.  [<u>NEW MATERIAL</u>]  FILING WITH COUNTY CLERK.--The
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0011|     county clerk may not accept any plat subject to the Subdivision
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0012|     Act for filing that has not been approved as provided in the
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0013|     Subdivision Act.
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0014|          Section 7.  Section 47-6-7 NMSA 1978 (being Laws 1973,
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0015|     Chapter 348, Section 7) is repealed and a new Section 47-6-7
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0016|     NMSA 1978 is enacted to read:
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0017|          "47-6-7.  [<u>NEW MATERIAL</u>]  VACATION OF PLATS--APPROVAL--
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0018|     DUTIES OF COUNTY CLERK--EFFECT.--
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0019|               A.  Any plat filed in the office of the county clerk
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0020|     may be vacated or a portion of the plat may be vacated if:
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0021|                    (1)  the owners of the land proposed to be
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0022|     vacated sign an acknowledged statement, declaring the plat or a
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0023|     portion of the plat to be vacated; and
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0024|                    (2)  the statement is approved by the board of
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0025|     county commissioners of the county within whose platting
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0001|     authority the vacated portion of the subdivision is located.
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0002|               B.  In approving the vacation of all or a part of a
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0003|     plat, the board of county commissioners shall determine whether
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0004|     or not the vacation will adversely affect the interests of
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0005|     persons on contiguous land or persons within the subdivision
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0006|     being vacated.  In approving the vacation of all or a portion
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0007|     of a plat, the board of county commissioners may require that
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0008|     streets dedicated to the county in the original plat continue
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0009|     to be dedicated to the county.  The owners of lots on the
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0010|     vacated portion of the plat may enclose in equal proportions
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0011|     the adjoining streets and alleys that are authorized to be
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0012|     abandoned.
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0013|               C.  The approved statement declaring the vacation of
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0014|     a portion or all of a plat shall be filed in the office of the
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0015|     county clerk wherein the original plat is filed.  The county
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0016|     clerk shall mark the original plat with the words "Vacated" or
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0017|     "Partially Vacated" and refer on the plat to the volume and
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0018|     page on which the statement of vacation is recorded.
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0019|               D.  The rights of any utility existing prior to the
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0020|     vacation, total or partial, of any plat are not affected by the
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0021|     vacation of a plat."
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0022|          Section 8.  Section 47-6-8 NMSA 1978 (being Laws 1973,
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0023|     Chapter 348, Section 8) is repealed and a new Section 47-6-8
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0024|     NMSA 1978 is enacted to read:
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0025|          "47-6-8.  [<u>NEW MATERIAL</u>]  REQUIREMENTS PRIOR TO SALE OR
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0001|     LEASE.--
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0002|               A.  It is unlawful to sell or lease land from within
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0003|     a subdivision unless the subdivision plat is approved by the
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0004|     board of county commissioners and on file with the clerk of the
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0005|     county in which the subdivision is located.  Where a
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0006|     subdivision lies within more than one county, the subdivision
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0007|     plat shall be approved by the board of county commissioners of
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0008|     each county in which the subdivision is located and on file
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0009|     with the county clerk of each county in which the subdivision
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0010|     is located.
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0011|               B.  It is unlawful to sell or lease land in a type-
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0012|     one, type-two or type-four subdivision until the subdivider has
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0013|     furnished the board of county commissioners and filed with the
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0014|     county clerk a copy of his sales contracts, leases and any
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0015|     other document that will convey an interest in the subdivided
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0016|     land; 
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0017|               C.  Prior to the sale or lease of any parcel within
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0018|     a type-one, type-two or type-four subdivision by a subdivider
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0019|     in the ordinary course of business all corners of all parcels
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0020|     and blocks within a subdivision shall be permanently marked
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0021|     with metal stakes in the ground and a reference stake placed
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0022|     beside one corner of each parcel."
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0023|          Section 9.  Section 47-6-9 NMSA 1978 (being Laws 1973,
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0024|     Chapter 348, Section 9, as amended) is repealed and a new
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0025|     Section 47-6-9 NMSA 1978 is enacted to read:
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0001|          "47-6-9.  [<u>NEW MATERIAL</u>]  SUBDIVISION REGULATION--COUNTY
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0002|     AUTHORITY.--
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0003|               A.  The board of county commissioners of each county
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0004|     shall regulate subdivisions within the county's boundaries.  In
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0005|     regulating subdivisions, the board of county commissioners of
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0006|     each county shall adopt regulations setting forth the county's
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0007|     requirement for:
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0008|                    (1)  enough water for subdivision use;
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0009|                    (2)  water of an acceptable quality for
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0010|     subdivision use;
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0011|                    (3)  liquid waste disposal;
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0012|                    (4)  solid waste disposal;
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0013|                    (5)  sufficient and adequate roads;
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0014|                    (6)  terrain management;
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0015|                    (7)  phased development;
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0016|                    (8)  specific information to be contained in a
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0017|     subdivider's disclosure statement in addition to that required
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0018|     in Section 47-6-17 NMSA 1978;
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0019|                    (9)  reasonable fees approximating the cost to
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0020|     the county of determining compliance with the Subdivision Act
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0021|     and county subdivision regulations while passing upon
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0022|     subdivision plats;
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0023|                    (10)  a summary procedure as provided in
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0024|     Sections 47-6-12 and 47-6-13 NMSA 1978; and
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0025|                    (11)  any other matter relating to subdivisions
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0001|     that the board of county commissioners feels is necessary to
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0002|     ensure that development is well planned, giving consideration
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0003|     to population density in the area.
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0004|               B.  Subsection A of this section does not preempt
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0005|     the authority of any state agency to regulate or perform any
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0006|     activity that it is required or authorized by law to perform."
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0007|          Section 10.  Section 47-6-10 NMSA 1978 (being Laws 1973,
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0008|     Chapter 348, Section 10, as amended) is repealed and a new
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0009|     Section 47-6-10 NMSA 1978 is enacted to read:
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0010|          "47-6-10.  [<u>NEW MATERIAL</u>]  COUNTY SUBDIVISION
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0011|     REGULATIONS--HEARINGS--APPEAL.--In promulgating subdivision
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0012|     regulations, the board of county commissioners shall adhere to
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0013|     the following procedures.
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0014|               A.  Prior to adopting, amending or repealing any
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0015|     regulation, the board of county commissioners shall consult
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0016|     with representatives of the state engineer's office, the
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0017|     department of environment, all soil and water conservation
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0018|     districts within the county and the state highway and
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0019|     transportation department about the subjects within their
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0020|     respective expertise for which the board of county
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0021|     commissioners is considering promulgating a regulation.  In the
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0022|     process of the consultation, the representatives of each of the
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0023|     state agencies shall give consideration to the conditions
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0024|     peculiar to the county and shall submit written guidelines to
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0025|     the board of county commissioners for its consideration in
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0001|     formulating regulations.  The guidelines:
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0002|                    (1)  shall be given consideration by the board
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0003|     of county commissioners in the formulation of the county's
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0004|     subdivision regulations;
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0005|                    (2)  shall become a part of the record of any
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0006|     hearing in which regulations are adopted, amended or repealed;
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0007|     and
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0008|                    (3)  may be in such detail as the agency
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0009|     involved desires.
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0010|               B.  A regulation may not be adopted, amended or
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0011|     repealed until after a public hearing held by the board of
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0012|     county commissioners.  Notice of the hearing shall be given at
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0013|     least thirty days prior to the hearing date and shall state:
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0014|                    (1)  the subject of the regulation;
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0015|                    (2)  the time and place of the hearing;
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0016|                    (3)  the manner in which interested persons may
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0017|     present their views; and
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0018|                    (4)  the place and manner in which interested
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0019|     persons may secure copies of any proposed regulation.  The
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0020|     board of county commissioners may impose a reasonable charge
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0021|     for the costs incurred in the reproducing and mailing of the
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0022|     proposed regulations.
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0023|               C.  The notice shall be published in a newspaper of
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0024|     general circulation in the county.
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0025|               D.  Reasonable effort shall be made to give notice
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0001|     to all persons who have made a written request to the board of
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0002|     county commissioners for advance notice of its hearings.
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0003|               E.  The board of county commissioners shall give the
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0004|     state engineer, the department of environment, the state
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0005|     highway and transportation department and the soil and water
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0006|     conservation districts thirty days' notice of its regulation
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0007|     hearings.
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0008|               F.  At the hearing, the board of county
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0009|     commissioners shall allow all interested persons reasonable
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0010|     opportunity to submit data, views or arguments, orally or in
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0011|     writing, and to examine witnesses testifying at the hearing. 
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0012|     The board shall keep a complete record of the hearing
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0013|     proceedings.
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0014|               G.  Representatives from the state engineer's
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0015|     office, the department of environment, the soil and water
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0016|     conservation districts within the county and the state highway
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0017|     and transportation department shall be present at the hearings
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0018|     when the proposed regulation relates to an issue that is within
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0019|     the agencies' respective area of expertise.  Where a proposed
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0020|     regulation relates to an issue that is within the agencies'
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0021|     respective area of expertise, the representatives from the
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0022|     state agencies shall enter into the record of the hearing a
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0023|     written statement setting forth any comments that they might
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0024|     have, whether favorable or unfavorable, about the proposed
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0025|     county regulation.  Oral statements may also be made by the
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0001|     state agencies' representatives.
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0002|               H.  A regulation is not invalid because of the
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0003|     failure of a state agency to submit a guideline prior to the
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0004|     promulgation of the regulation or because the representative of
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0005|     a state agency required to appear at a public hearing on the
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0006|     regulation did not appear or did not make any comment for entry
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0007|     in the hearing record.  If a state agency does not submit
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0008|     guidelines, does not appear as required at a hearing or does
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0009|     not have any comment for the record at a hearing on the
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0010|     regulation, the county shall proceed as if the action required
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0011|     of the state agency had been taken.
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0012|               I.  The board of county commissioners shall act on
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0013|     the proposed regulations at the regulation hearings or at a
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0014|     public meeting to be held within thirty days of the hearing on
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0015|     the proposed regulations.  Upon adopting the regulations, the
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0016|     board of county commissioners shall include in the record a
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0017|     short statement setting forth the board's reasoning and the
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0018|     basis of the board's decision, including the facts and
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0019|     circumstances considered and the weight given to those facts
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0020|     and circumstances.
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0021|               J.  Any person heard or represented at the hearing
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0022|     shall be given written notice of the board's action if the
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0023|     person makes a written request to the board for notice of its
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0024|     decision.
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0025|               K.  A regulation, amendment or repeal is not
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0001|     effective until thirty days after its filing with the county
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0002|     clerk and the state records administrator.
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0003|               L.  Any person who is or may be adversely affected
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0004|     by a regulation adopted by the board of county commissioners
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0005|     may appeal to the district court for relief.  All appeals shall
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0006|     be upon the record made at the hearing and shall be taken to
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0007|     the district court within thirty days after filing regulations
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0008|     with the state records administrator.
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0009|               M.  An appeal is perfected by filing a notice of
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0010|     appeal in the district court of the county in which the
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0011|     subdivision is located.  The appellant shall certify in his
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0012|     notice of appeal that arrangements have been made with the
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0013|     board of county commissioners for preparation of a sufficient
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0014|     number of transcripts of the record of the hearing to support
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0015|     his appeal, including one copy that he shall furnish at his own
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0016|     expense to the board of county commissioners.  A copy of the
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0017|     notice of appeal shall also be served upon the board of county
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0018|     commissioners.
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0019|               N.  Upon appeal, the district court shall set aside
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0020|     the regulation only if it is found to be:
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0021|                    (1)  arbitrary, capricious or an abuse of
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0022|     discretion;
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0023|                    (2)  not supported by substantial evidence; or
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0024|                    (3)  otherwise not in accordance with law.
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0025|               O.  Any party to the action in district court may
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0001|     appeal to the court of appeals for further relief."
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0002|          Section 11.  Section 47-6-11 NMSA 1978 (being Laws 1973,
    |
0003|     Chapter 348, Section 11, as amended) is repealed and a new
    |
0004|     Section 47-6-11 NMSA 1978 is enacted to read:
    |
0005|          "47-6-11.  [<u>NEW MATERIAL</u>]  SUBDIVISION APPROVAL--TYPE-
    |
0006|     ONE AND TYPE-TWO SUBDIVISIONS.--
    |
0007|               A.  Any subdivider having an approved type-one or
    |
0008|     type-two subdivision shall furnish:
    |
0009|                    (1)  water to fulfill the use of water proposed
    |
0010|     by the subdivider, if any, in his disclosure statement;
    |
0011|                    (2)  water of an acceptable quality for the use
    |
0012|     of water proposed by the subdivider in his disclosure
    |
0013|     statement; 
    |
0014|                    (3)  liquid waste disposal facilities to
    |
0015|     fulfill the liquid waste provisions proposed by the subdivider
    |
0016|     in his disclosure statement;
    |
0017|                    (4)  solid waste disposal facilities to fulfill
    |
0018|     the solid waste provisions proposed by the subdivider in his
    |
0019|     disclosure statement;
    |
0020|                    (5)  satisfactory roads; and
    |
0021|                    (6)  terrain management to fulfill the
    |
0022|     provisions for terrain management proposed by the subdivider in
    |
0023|     his disclosure statement. 
    |
0024|               B.  Prior to approving the plat for a type-one or
    |
0025|     type-two subdivision, the board of county commissioners of the
    |
0001|     county in which the subdivision is located shall:
    |
0002|                    (1)  determine whether the subdivider can
    |
0003|     fulfill the proposals contained in his disclosure statement;
    |
0004|     and
    |
0005|                    (2)  determine whether the subdivision will
    |
0006|     conform with the requirements of the Subdivision Act and with
    |
0007|     the county's subdivision regulations.
    |
0008|               C.  The board of county commissioners shall not
    |
0009|     approve the plat of any subdivision if the subdivider cannot
    |
0010|     reasonably demonstrate that he can fulfill the proposals
    |
0011|     contained in his disclosure statement or if the subdivider has
    |
0012|     not conformed with the Subdivision Act and the county's
    |
0013|     subdivision regulations.
    |
0014|               D.  Any subdivider submitting a plat of a type-one
    |
0015|     or type-two subdivision for approval shall submit sufficient
    |
0016|     information to the board of county commissioners to permit the
    |
0017|     board to determine whether:
    |
0018|                    (1)  the subdivider can fulfill the proposals
    |
0019|     contained in his disclosure statement; and
    |
0020|                    (2)  the subdivider has conformed with the
    |
0021|     Subdivision Act and the county's subdivision regulations.
    |
0022|               E.  In determining whether a subdivider can fulfill
    |
0023|     the proposals contained in his disclosure statement and in
    |
0024|     determining whether the subdivider's provisions for a type-one
    |

0025|     or type-two subdivision conform with county regulations, the
    |
0001|     board of county commissioners shall request opinions from:
    |
0002|                    (1)  the state engineer to determine:
    |
0003|                         (a)  whether the subdivider can fulfill
    |
0004|     the proposals in his disclosure statement concerning water for
    |
0005|     the subdivision, excepting water quality; and
    |
0006|                         (b)  whether the subdivider's water
    |
0007|     proposals conform with county regulations;
    |
0008|                    (2)  the department of environment to
    |
0009|     determine:
    |
0010|                         (a)  whether the subdivider can fulfill
    |
0011|     the proposals contained in his disclosure statement for liquid
    |
0012|     and solid wastes;
    |
0013|                         (b)  whether the water proposed is of an
    |
0014|     acceptable quality to conform with county regulations; and
    |
0015|                         (c)  whether the liquid and solid waste
    |
0016|     disposal proposals conform with county regulations;
    |
0017|                    (3)  the state highway and transportation
    |
0018|     department detailing the requirements of state highway access
    |
0019|     when the board of county commissioners determines this to be of
    |
0020|     importance; and
    |
0021|                    (4)  the soil and water conservation district
    |
0022|     to determine:
    |
0023|                         (a)  whether the subdivider can fulfill
    |
0024|     the proposals contained in his disclosure statement concerning
    |
0025|     terrain management; and
    |
0001|                         (b)  whether the subdivider's proposals
    |
0002|     for terrain management conform with county regulations.
    |
0003|               F.  If, in the opinion of each appropriate state
    |
0004|     agency, a subdivider can fulfill the proposals contained in his
    |
0005|     disclosure statement concerning water, liquid and solid waste
    |
0006|     disposal and terrain management, and the subdivider has
    |
0007|     conformed with county regulations in his subdivision proposal,
    |
0008|     then the board of county commissioners shall weigh these
    |
0009|     factors in determining whether to approve the subdivision plat.
    |
0010|               G.  If in the opinion of the state engineer the
    |
0011|     subdivider's water proposals do not conform with county
    |
0012|     regulations for a type-one subdivision or, if the state
    |
0013|     engineer does not have sufficient information upon which to
    |
0014|     base an opinion, the subdivider shall be notified of this fact
    |
0015|     by the board of county commissioners and the procedure set out
    |
0016|     below shall be followed:
    |
0017|                    (1)  if the state engineer has rendered an
    |
0018|     adverse opinion, the board of county commissioners shall give
    |
0019|     the subdivider a copy of the opinion;
    |
0020|                    (2)  the subdivider shall be given forty-five
    |
0021|     days from the date of notification to submit additional
    |
0022|     information to the state engineer through the board of county
    |
0023|     commissioners;
    |
0024|                    (3)  if, within sixty days of notification to
    |
0025|     the subdivider, the state engineer does not change his opinion
    |
0001|     or issue a favorable opinion when one has been withheld because
    |
0002|     of insufficient information, the board of county commissioners
    |
0003|     shall not approve the subdivider's plat unless:
    |
0004|                         (a)  the subdivider requests the
    |
0005|     appointment of three qualified water scientists to be chosen by
    |
0006|     the water quality control commission and paid by the
    |
0007|     subdivider; and
    |
0008|                         (b)  a majority of the water scientists
    |
0009|     chosen do not agree with the state engineer's opinion that the
    |
0010|     subdivider's water proposals do not conform with county
    |
0011|     regulations; and
    |
0012|                    (4)  if a majority of the water scientists do
    |
0013|     not agree with the state engineer's opinion that the
    |
0014|     subdivider's water proposals do not conform with county
    |
0015|     regulations, then their opinions shall be submitted to the
    |
0016|     board of county commissioners, which may utilize the opinions
    |
0017|     in its final determination approving or disapproving the
    |
0018|     subdivision plat.
    |
0019|               H.  If, in the opinion of the state engineer, the
    |
0020|     subdivider's water proposals do not conform with county
    |
0021|     regulations for a type-two subdivision or if the state engineer
    |
0022|     does not have sufficient information upon which to base an
    |
0023|     opinion, the subdivider shall be notified of this fact by the
    |
0024|     board of county commissioners and the procedures set out below
    |
0025|     shall be followed:
    |
0001|                    (1)  if the state engineer has rendered an
    |
0002|     adverse opinion, the board of county commissioners shall give
    |
0003|     the subdivider a copy of the opinion;
    |
0004|                    (2)  the subdivider shall be given forty-five
    |
0005|     days from the date of notification to submit more information
    |
0006|     to the state engineer through the board of county
    |
0007|     commissioners; and
    |
0008|                    (3)  if, within sixty days of the date the
    |
0009|     subdivider was notified, the state engineer does not change his
    |
0010|     opinion or issue a favorable opinion when one has been withheld
    |
0011|     because of insufficient information, the board of county
    |
0012|     commissioners shall hold a public hearing devoted solely to
    |
0013|     determining whether or not the subdivider's water proposals
    |
0014|     conform with county regulations.
    |
0015|               I.  If, in the opinion of the appropriate state
    |
0016|     agency, a type-one or type-two subdivision proposal does not
    |
0017|     conform with county regulations for water of an acceptable
    |
0018|     quality, liquid and solid waste disposal, highway access and
    |
0019|     terrain management, or if the appropriate state agency does not
    |
0020|     have sufficient information upon which to base an opinion on
    |
0021|     any one of these subjects, the subdivider shall be notified of
    |
0022|     this fact by the board of county commissioners, and the
    |
0023|     procedure set out below shall be followed:
    |
0024|                    (1)  if the appropriate state agency has
    |
0025|     rendered an adverse opinion, the board of county commissioners
    |
0001|     shall give the subdivider a copy of the opinion;
    |
0002|                    (2)  the subdivider shall be given forty-five
    |
0003|     days from the date of notification to submit additional
    |
0004|     information to the state agency through the board of county
    |
0005|     commissioners; and
    |
0006|                    (3)  if, within sixty days of the date of
    |
0007|     notification to the subdivider, the state agency does not
    |
0008|     change its opinion, or issue a favorable opinion when it has
    |
0009|     withheld one because of insufficient information, the board of
    |
0010|     county commissioners shall hold a public hearing devoted solely
    |
0011|     to determining whether the subdivider has conformed with the
    |
0012|     applicable county regulation concerning which the state agency
    |
0013|     has rendered an unfavorable opinion or withheld an opinion
    |
0014|     because of insufficient information."
    |
0015|          Section 12.  Section 47-6-14 NMSA 1978 (being Laws 1973,
    |
0016|     Chapter 348, Section 14) is repealed and a new Section 47-6-14
    |
0017|     NMSA 1978 is enacted to read:
    |
0018|          "47-6-14.  [<u>NEW MATERIAL</u>]  HEARINGS ON SUBDIVISION
    |
0019|     PLATS.--Whenever a hearing is required because of an adverse
    |
0020|     report from a state agency that a subdivider's proposal does
    |
0021|     not meet a specified county regulation or because a state
    |
0022|     agency has not furnished an opinion due to insufficient
    |
0023|     information, the board of county commissioners shall adhere to
    |
0024|     the following requirements concerning the hearing:
    |
0025|               A.  notice of the hearing shall be given at least
    |
0001|     thirty days prior to the hearing date and shall state:
    |
0002|                    (1)  the subject of the hearing;
    |
0003|                    (2)  the time and place of the hearing;
    |
0004|                    (3)  the manner in which interested persons may
    |
0005|     present their views; and
    |
0006|                    (4)  where interested persons may secure copies
    |
0007|     of the adverse opinion and of the subdivider's proposal on the
    |
0008|     subject covered by the state agency's opinion or the opinion
    |
0009|     request.  The board of county commissioners may impose a
    |
0010|     reasonable charge for the costs incurred in reproducing and
    |
0011|     mailing the opinion and proposal to those persons requesting
    |
0012|     copies;
    |
0013|               B.  the notice shall be published in a newspaper of
    |
0014|     general circulation in the county;
    |
0015|               C.  reasonable effort shall be made to give notice
    |
0016|     to all persons who have made a written request to the board of
    |
0017|     county commissioners for advance notice of its hearings. 
    |
0018|     Notice shall also be given to the state agency that prepared
    |
0019|     the adverse report or withheld a report on the basis of
    |
0020|     insufficient information;
    |
0021|               D.  at the hearing, the board of county
    |
0022|     commissioners shall allow all interested persons a reasonable
    |
0023|     opportunity to submit data, views or arguments, orally or in
    |
0024|     writing, and to examine witnesses testifying at the hearing;
    |
0025|     and
    |
0001|               E.  the board of county commissioners shall approve
    |
0002|     or disapprove the subdivision plat within thirty days of the
    |
0003|     termination of the hearing at a public meeting of the board of
    |
0004|     county commissioners."
    |
0005|          Section 13.  Section 47-6-15 NMSA 1978 (being Laws 1973,
    |
0006|     Chapter 348, Section 15) is repealed and a new Section 47-6-15
    |
0007|     NMSA 1978 is enacted to read:
    |
0008|          "47-6-15.  [<u>NEW MATERIAL</u>]  APPEALS.--
    |
0009|               A.  Any party who is or may be adversely affected by
    |
0010|     a decision of the board of county commissioners or its delegate
    |
0011|     in approving or disapproving a subdivision plat may appeal to
    |
0012|     the district court of the county in which the subdivision is
    |
0013|     located within thirty days of the date of the board's action.
    |
0014|               B.  An appeal is perfected by filing a notice of
    |
0015|     appeal in the district court.  A copy of the notice of appeal
    |
0016|     shall be served upon the board of county commissioners.
    |
0017|               C.  Upon appeal, the district court shall set aside
    |
0018|     the action of the board of county commissioners or its delegate
    |
0019|     only if it is found to be:
    |
0020|                    (1)  arbitrary, capricious or an abuse of
    |
0021|     discretion;
    |
0022|                    (2)  not supported by substantial evidence; or
    |
0023|                    (3)  otherwise not in accordance with law.
    |
0024|               D.  Any party to the action in district court may
    |
0025|     appeal to the court of appeals for further relief."
    |
0001|          Section 14.  Section 47-6-16 NMSA 1978 (being Laws 1973,
    |
0002|     Chapter 348, Section 16) is repealed and a new Section 47-6-16
    |
0003|     NMSA 1978 is enacted to read:
    |
0004|          "47-6-16.  [<u>NEW MATERIAL</u>]  SUCCEEDING SUBDIVISIONS.--Any
    |
0005|     proposed subdivision may be combined and upgraded for
    |
0006|     classification purposes by the board of county commissioners
    |
0007|     with a previous subdivision if the proposed subdivision
    |
0008|     includes either:
    |
0009|               A.  a part of a previous subdivision that has been
    |
0010|     approved in the preceding three-year period; or
    |
0011|               B.  any unsubdivided land retained by a subdivider
    |
0012|     after creating a previous subdivision when the previous
    |
0013|     subdivision was approved in the preceding three-year period."
    |
0014|          Section 15.  Section 47-6-17 NMSA 1978 (being Laws 1973,
    |
0015|     Chapter 348, Section 17) is repealed and a new Section 47-6-17
    |
0016|     NMSA 1978 is enacted to read:
    |
0017|          "47-6-17.  [<u>NEW MATERIAL</u>]  DISCLOSURE.--
    |
0018|               A.  Prior to selling or leasing any land in a type-
    |
0019|     one, type-two or type-four subdivision, the subdivider shall
    |
0020|     disclose in writing such information as the board of county
    |
0021|     commissioners requires, by regulation, to permit the
    |
0022|     prospective purchaser or lessee to make an informed decision
    |
0023|     about the purchase or lease of the land.
    |
0024|               B.  The disclosure statement for subdivisions with
    |
0025|     twenty-five or more parcels but fewer than one hundred parcels
    |
0001|     shall contain at least the following information:
    |
0002|                    (1)  the name of the subdivision;
    |
0003|                    (2)  the name and address of the subdivider and
    |
0004|     the name and address of the person in charge of sales or
    |
0005|     leasing in New Mexico;
    |
0006|                    (3)  the size of the subdivision, both present
    |
0007|     and anticipated;
    |
0008|                    (4)  the size of the largest and smallest
    |
0009|     parcels offered for sale or lease within the subdivision and
    |
0010|     the proposed range of selling or leasing prices, including
    |
0011|     financing terms;
    |
0012|                    (5)  the distance from the nearest town to the
    |
0013|     subdivision and the route over which this distance is computed;
    |
0014|                    (6)  the name and address of the person who is
    |
0015|     recorded as having legal and equitable title to the property
    |
0016|     offered for sale or lease;
    |
0017|                    (7)  a statement of the condition of title
    |
0018|     including any encumbrances;
    |
0019|                    (8)  a statement of all restrictions or
    |
0020|     reservations of record that subject the subdivided land to any
    |
0021|     unusual conditions affecting its use or occupancy;
    |
0022|                    (9)  the name and address of the escrow agent,
    |
0023|     if any;
    |
0024|                    (10)  a statement as to availability and cost
    |
0025|     of public utilities;
    |
0001|                    (11)  a statement of the proposed use of water,
    |
0002|     if any, within the subdivision;
    |
0003|                    (12)  a statement describing the quality and
    |
0004|     quantity of water for the proposed use, if any, of the
    |
0005|     subdivision;
    |
0006|                    (13)  a description of the means of liquid
    |
0007|     waste disposal for the proposed use of the subdivision;
    |
0008|                    (14)  a description of the means of solid waste
    |
0009|     disposal for the proposed use of the subdivision;
    |
0010|                    (15)  a description of the means of water
    |
0011|     delivery, if any, within the subdivision;
    |
0012|                    (16)  the average depth to water within the
    |
0013|     subdivision if water is available only from subterranean
    |
0014|     sources and if water is contemplated for the proposed use of
    |
0015|     the subdivision;
    |
0016|                    (17)  a description of access to the
    |
0017|     subdivision;
    |
0018|                    (18)  a statement disclosing whether the roads
    |
0019|     within the subdivision have been accepted for maintenance by
    |
0020|     the county;
    |
0021|                    (19)  a description of the subdivider's
    |
0022|     provisions for terrain management;
    |
0023|                    (20)  a summary, approved by the issuing state
    |
0024|     agency, of the opinions, if any, whether favorable or adverse,
    |
0025|     provided by state agencies to the board of county commissioners
    |
0001|     concerning any one of the points listed above; and
    |
0002|                    (21)  such other information as the board of
    |
0003|     county commissioners may require.
    |
0004|               C.  The disclosure statement for subdivisions with
    |
0005|     one hundred or more parcels shall contain all of the
    |
0006|     information required in Subsection B of this section as well as
    |
0007|     the following information:
    |
0008|                    (1)  a statement of any activities or
    |
0009|     conditions adjacent to or nearby the subdivision that would
    |
0010|     subject the subdivided land to any unusual conditions affecting
    |
0011|     its use or occupancy;
    |
0012|                    (2)  a description of all recreational
    |
0013|     facilities, actual and proposed, in the subdivision;
    |
0014|                    (3)  a statement as to the availability of:
    |
0015|                         (a)  fire protection;
    |
0016|                         (b)  police protection;
    |
0017|                         (c)  public schools for the inhabitants
    |
0018|     of the subdivision, including a statement concerning the
    |
0019|     proximity of the nearest elementary and secondary schools;
    |
0020|                         (d)  hospital facilities;
    |
0021|                         (e)  shopping facilities; and
    |
0022|                         (f)  public transportation; and
    |
0023|                    (4)  a statement setting forth the projected
    |
0024|     dates upon which any of the items mentioned in this section for
    |
0025|     which the subdivider has responsibility will be completed if
    |
0001|     they are not yet completed.
    |
0002|               D.  The disclosure statement shall be in the form
    |
0003|     that the board of county commissioners, after consultation with
    |
0004|     the attorney general, may require by regulation.  The form of
    |
0005|     disclosure statements, insofar as possible, shall be uniform
    |
0006|     for all counties.
    |
0007|               E.  Any subdivider who has satisfied the disclosure
    |
0008|     requirement of the Interstate Land Sales Full Disclosure Act
    |
0009|     may submit his approved statement of record in lieu of the
    |
0010|     disclosure statement required by the Subdivision Act.  However,
    |
0011|     any information required in the Subdivision Act and not covered
    |
0012|     in the subdivider's statement of record shall be attached to
    |
0013|     the statement of record.
    |
0014|               F.  It is unlawful to sell or lease land in a type-
    |
0015|     one, type-two or type-four subdivision until:
    |
0016|                    (1)  the required disclosure statement has been
    |
0017|     filed with the county clerk, the board of county commissioners
    |
0018|     and the attorney general's office; and
    |
0019|                    (2)  the prospective purchaser or lessee has
    |
0020|     been given a copy of the disclosure statement prior to the time
    |
0021|     of purchase or lease."
    |
0022|          Section 16.  Section 47-6-18 NMSA 1978 (being Laws 1973,
    |
0023|     Chapter 348, Section 18) is repealed and a new Section 47-6-18
    |
0024|     NMSA 1978 is enacted to read:
    |
0025|          "47-6-18.  [<u>NEW MATERIAL</u>]  ADVERTISING STANDARDS.--
    |
0001|               A.  Brochures, disclosure statements, publications
    |
0002|     and advertising of any form relating to subdivided land shall:
    |
0003|                    (1)  not misrepresent or contain false or
    |
0004|     misleading statements of fact;
    |
0005|                    (2)  not describe deeds, title insurance or
    |
0006|     other items included in a transaction as "free" and shall not
    |
0007|     state that any parcel is "free" or given as an "award" or
    |
0008|     "prize" if any consideration is required for any reason;
    |
0009|                    (3)  not describe parcels available for
    |
0010|     "closing costs only" or similar terms unless all such costs are
    |
0011|     accurately and completely itemized or when additional parcels
    |
0012|     must be purchased at a higher price;
    |
0013|                    (4)  not include an asterisk or other reference
    |
0014|     symbol as a means of contradicting or substantially changing
    |
0015|     any statement;
    |
0016|                    (5)  if subdivision illustrations are used,
    |
0017|     accurately portray the subdivision in its present state, and if
    |
0018|     illustrations are used portraying points of interest outside
    |
0019|     the subdivision, state the actual road miles from the
    |
0020|     subdivision;
    |
0021|                    (6)  not contain artists' conceptions of the
    |
0022|     subdivision or any facilities within it unless clearly
    |
0023|     described as such and shall not contain maps unless accurately
    |
0024|     drawn to scale with the scale indicated;
    |
0025|                    (7)  not contain references to any facilities,
    |
0001|     points of interest or municipalities located outside the
    |
0002|     subdivision unless the distances from the subdivision are
    |
0003|     stated in the advertisement in actual road miles; and
    |
0004|                    (8)  refer to where the subdivider's disclosure
    |
0005|     statement may be obtained if a disclosure statement is required
    |
0006|     for the subdivision.
    |
0007|               B.  Copies of all brochures, publications and
    |
0008|     advertising relating to subdivided land shall be filed with the
    |
0009|     board of county commissioners of the county in which the
    |
0010|     subdivision is located and with the attorney general within
    |
0011|     fifteen days after initial use by the subdivider."
    |
0012|          Section 17.  Section 47-6-19 NMSA 1978 (being Laws 1973,
    |
0013|     Chapter 348, Section 19, as amended) is repealed and a new
    |
0014|     Section 47-6-19 NMSA 1978 to read:
    |
0015|          "47-6-19.  [<u>NEW MATERIAL</u>]  ROAD DEVELOPMENT.--
    |
0016|               A.  Roads within a subdivision shall be constructed
    |
0017|     only on a schedule approved by the board of county
    |
0018|     commissioners.  In approving or disapproving a subdivider's
    |
0019|     road construction schedule, the board of county commissioners
    |
0020|     shall consider:
    |
0021|                    (1)  the proposed use of the subdivision;
    |
0022|                    (2)  the period of time before the roads will
    |
0023|     receive substantial use;
    |
0024|                    (3)  the period of time before construction of
    |
0025|     homes will commence on the portion of the subdivision serviced
    |
0001|     by the road;
    |
0002|                    (4)  the county regulations governing phased
    |
0003|     development; and
    |
0004|                    (5)  the needs of prospective purchasers and
    |
0005|     lessees in viewing the land within the subdivision.
    |
0006|               B.  All proposed roads shall conform to minimum
    |
0007|     county safety standards.
    |
0008|               C.  The board of county commissioners shall not
    |
0009|     approve the grading or construction of roads unless and until
    |
0010|     the subdivider can reasonably demonstrate that the roads to be
    |
0011|     constructed will receive use and that the roads are required to
    |
0012|     provide access to parcels or improvements within twenty-four
    |
0013|     months from the date of construction of the road.
    |
0014|               D.  It is unlawful for the subdivider to grade or
    |
0015|     otherwise commence construction of roads unless the
    |
0016|     construction conforms to the schedule of road development
    |
0017|     approved by the board of county commissioners."
    |
0018|          Section 18.  Section 47-6-20 NMSA 1978 (being Laws 1973,
    |
0019|     Chapter 348, Section 20) is repealed and a new Section 47-6-20
    |
0020|     NMSA 1978 to read:
    |
0021|          "47-6-20.  [<u>NEW MATERIAL</u>]  STATE AGENCIES REQUIRED TO
    |
0022|     PROVIDE COUNTIES WITH INFORMATION.--
    |
0023|               A.  Any state agency receiving a request from the
    |
0024|     board of county commissioners for an opinion on water, water
    |
0025|     quality, liquid or solid waste disposal adequacy, terrain
    |
0001|     management or highway access shall furnish the board with the
    |
0002|     requested opinion.  The board of county commissioners shall
    |
0003|     furnish the appropriate state agency with all relevant
    |
0004|     information that the board has received from the subdivider on
    |
0005|     the subject for which the board is seeking an opinion.  If the
    |
0006|     state agency does not have sufficient information upon which to
    |
0007|     base an opinion, the state agency shall notify the board of
    |
0008|     this fact.
    |
0009|               B.  All opinion requests mailed by the board of
    |
0010|     county commissioners shall be by certified mail "return receipt
    |
0011|     requested".  Boards of county commissioners delivering opinion
    |
0012|     requests shall obtain receipts showing the day the opinion
    |
0013|     request was received by the particular state agency."
    |
0014|          Section 19.  Section 47-6-21 NMSA 1978 (being Laws 1973,
    |
0015|     Chapter 348, Section 21) is repealed and a new Section 47-6-21
    |
0016|     NMSA 1978 is enacted to read:
    |
0017|          "47-6-21.  [<u>NEW MATERIAL</u>]  INFORMATION REPORTS.--In
    |
0018|     determining whether the subdivider can fulfill the proposals
    |
0019|     contained in his disclosure statement and in determining
    |
0020|     whether the subdivision will conform with county regulations,
    |
0021|     the appropriate state agency may request, through the board of
    |
0022|     county commissioners, that the subdivider submit such
    |
0023|     information as the agency may feel necessary to permit it to
    |
0024|     make that determination."
    |
0025|          Section 20.  Section 47-6-22 NMSA 1978 (being Laws 1973,
    |
0001|     Chapter 348, Section 22, as amended) is repealed and a new
    |
0002|     Section 47-6-22 NMSA 1978 is enacted to read:
    |
0003|          "47-6-22.  [<u>NEW MATERIAL</u>]  TIME LIMIT ON ADMINISTRATIVE
    |
0004|     ACTION.--
    |
0005|               A.  All opinions required of state agencies shall be
    |
0006|     furnished to the board of county commissioners within sixty
    |
0007|     days after the state agencies receive the written request and
    |
0008|     accompanying information from the board of county
    |
0009|     commissioners.  If the board of county commissioners does not
    |
0010|     receive a requested opinion within the sixty-day period, the
    |
0011|     board shall proceed in accordance with its own best judgment
    |
0012|     concerning the subject of the opinion request.  The failure of
    |
0013|     a state agency to provide an opinion when requested by the
    |
0014|     board of county commissioners does not indicate that the
    |
0015|     subdivider's provisions concerning the subject of the opinion
    |
0016|     request were unacceptable or inadequate.
    |
0017|               B.  Subdivision plats submitted to the board of
    |
0018|     county commissioners for approval shall be approved or
    |
0019|     disapproved at a public meeting of the board or by summary
    |
0020|     procedure where appropriate:
    |
0021|                    (1)  within forty-five days of the date the
    |
0022|     final subdivision plat is submitted if the plat is for a type-
    |
0023|     three, type-four or type-five subdivision;
    |
0024|                    (2)  within one hundred eighty days of the date
    |
0025|     the final subdivision plat is submitted, if the plat is for a
    |
0001|     type-one or a type-two subdivision when a public hearing is not
    |
0002|     required on the subdivision; and
    |
0003|                    (3)  within thirty days after the conclusion of
    |
0004|     any public hearing on a type-one or type-two subdivision when
    |
0005|     the hearing is caused by an adverse opinion from a state agency
    |
0006|     on the subdivision.
    |
0007|               C.  Except as provided in Subsection G of Section
    |
0008|     47-6-11 NMSA 1978, if the board of county commissioners does
    |
0009|     not act upon the plat within the required period of time, the
    |
0010|     plat is deemed to be approved thirty days after the subdivider
    |
0011|     gives the attorney general written notice of the board of
    |
0012|     county commissioners' failure to act.  If the board of county
    |
0013|     commissioners fails to approve or reject the final plat within
    |
0014|     the thirty days, after notice to the attorney general, upon
    |
0015|     demand the board of county commissioners shall issue a
    |
0016|     certificate stating that the plat has been approved."
    |
0017|          Section 21.  Section 47-6-23 NMSA 1978 (being Laws 1973,
    |
0018|     Chapter 348, Section 23) is repealed and a new Section 47-6-23
    |
0019|     NMSA 1978 is enacted to read:
    |
0020|          "47-6-23.  [<u>NEW MATERIAL</u>]  RIGHT OF INSPECTION--
    |
0021|     RESCISSION.--If the purchaser or lessee of subdivided land has
    |
0022|     not inspected his parcel prior to the time of purchase or
    |
0023|     lease, the purchase or lease agreement shall contain a
    |
0024|     provision giving the purchaser or lessee six months within
    |
0025|     which to personally inspect his parcel.  After making the
    |
0001|     personal inspection within the six-month period, the purchaser
    |
0002|     shall have the right to rescind the purchase or lease agreement
    |
0003|     and receive a refund of all funds paid on the transaction to
    |
0004|     the seller or lessor when merchantable title is revested in the
    |
0005|     seller or lessor.  Notice of such rescission to the seller
    |
0006|     shall be made in writing and shall be given within three days
    |
0007|     of the date of personal inspection."
    |
0008|          Section 22.  Section 47-6-25 NMSA 1978 (being Laws 1973,
    |
0009|     Chapter 348, Section 25) is repealed and a new Section 47-6-25
    |
0010|     NMSA 1978 is enacted to read:
    |
0011|          "47-6-25.  [<u>NEW MATERIAL</u>]  SUSPENSION OF RIGHT OF SALE.-
    |
0012|     -The board of county commissioners may suspend or revoke
    |
0013|     approval of a plat as to the unsold or unleased portions of a
    |
0014|     subdivider's plat if the subdivider does not meet the schedule
    |
0015|     of compliance approved by the board."
    |
0016|          Section 23.  Section 47-6-25.1 NMSA 1978 (being Laws 1981,
    |
0017|     Chapter 148, Section 7) is repealed and a new Section 47-6-25
    |
0018|     NMSA 1978 is enacted to read:
    |
0019|          "47-6-25.1.  [<u>NEW MATERIAL</u>]  ATTORNEY GENERAL--DISTRICT
    |
0020|     ATTORNEYS--INVESTIGATION.--
    |
0021|               A.  If the attorney general or a district attorney
    |
0022|     has reasonable cause to believe that a person has information
    |
0023|     or may be in possession, custody or control of any document or
    |
0024|     other tangible object relevant to a civil investigation for
    |
0025|     violation of the Subdivision Act, the attorney general or the
    |
0001|     district attorney, or both, may before bringing any action
    |
0002|     apply to the district court of Santa Fe county, or any county
    |
0003|     where the district attorney has his office, for approval of a
    |
0004|     civil investigative demand, demanding, in writing, such person
    |
0005|     to appear and be examined under oath, to answer written
    |
0006|     interrogatories under oath or to produce the document or object
    |
0007|     for inspection and copying.  The demand shall:
    |
0008|                    (1)  be served upon the person in the manner
    |
0009|     required for service of process in this state or, if the person
    |
0010|     cannot be found or does not reside or maintain a principal
    |
0011|     place of business within this state, in the manner required for
    |
0012|     service of process in the state in which the person resides,
    |
0013|     maintains a principal place of business or can be found;
    |
0014|                    (2)  describe the nature of the conduct under
    |
0015|     investigation;
    |
0016|                    (3)  describe the class of documents or objects
    |
0017|     with sufficient definiteness to permit it to be fairly
    |
0018|     identified if the production of documents or objects is
    |
0019|     requested;
    |
0020|                    (4)  contain a copy of the written
    |
0021|     interrogatories if answers to written interrogatories are
    |
0022|     sought;
    |
0023|                    (5)  prescribe a reasonable time at which the
    |
0024|     person shall appear to testify or within which the document or
    |
0025|     object must be produced;
    |
0001|                    (6)  specify a place for the taking of
    |
0002|     testimony or for production of the document or object and
    |
0003|     designate a person who may be an authorized employee of the
    |
0004|     attorney general or district attorney to be custodian of the
    |
0005|     document or object; and
    |
0006|                    (7)  contain a copy of Subsections B through D
    |
0007|     of this section.  No demand to produce a document or object for
    |
0008|     inspection and copying shall contain any requirement that would
    |
0009|     be unreasonable or improper if contained in a subpoena duces
    |
0010|     tecum issued in a civil proceeding by a district court of this
    |
0011|     state.  The district court shall approve the demand if it finds
    |
0012|     that the attorney general or district attorney has reasonable
    |
0013|     cause to believe that a person has information or may be in
    |
0014|     possession, custody or control of any document or other
    |
0015|     tangible object relevant to a civil investigation for violation
    |
0016|     of the Subdivision Act and that the demand is proper in form. 
    |
0017|     A demand shall not be issued without approval of the district
    |
0018|     court.
    |
0019|               B.  If a person fails to comply with the written
    |
0020|     demand served upon him under the provisions of Subsection A of
    |
0021|     this section, the attorney general or district attorney may
    |
0022|     file a petition for an order to enforce the demand in the
    |
0023|     district court of the county in which the person resides or in
    |
0024|     which he maintains a principal place of business within this
    |
0025|     state or of the county of Santa Fe if the person neither
    |
0001|     resides nor has a principal place of business in this state. 
    |
0002|     Notice of hearing on the petition and a copy of the petition
    |
0003|     shall be served upon the person, who may appear in opposition
    |
0004|     to the petition.  If the court finds that the demand is proper
    |
0005|     in form and there is reasonable cause to believe that the
    |
0006|     person has information or may be in possession, custody or
    |
0007|     control of any document or other tangible object relevant to a
    |
0008|     civil investigation for violation of the Subdivision Act, the
    |
0009|     court shall order the person to comply with the demand, subject
    |
0010|     to any modification that the court may prescribe.  Upon motion
    |
0011|     by the person and for good cause shown, the court may make any
    |
0012|     further protective order in the proceedings that justice
    |
0013|     requires.
    |
0014|               C.  Prior to the filing of an action under the
    |
0015|     provisions of the Subdivision Act for the violation under
    |
0016|     investigation, any testimony taken or material produced under
    |
0017|     this section shall be kept confidential by the attorney general
    |
0018|     or district attorney unless confidentiality is waived by the
    |
0019|     person being investigated and the person who has testified,
    |
0020|     answered interrogatories or produced material, or unless
    |
0021|     disclosure is authorized by the court.  Any testimony taken or
    |
0022|     material produced under this section shall be open to
    |
0023|     inspection only to the attorney general or district attorney
    |
0024|     and the person upon whom the demand for which inspection is
    |
0025|     sought has been served, unless otherwise ordered by the court.
    |
0001|               D.  Any person compelled to appear under this
    |
0002|     section and required to testify under oath may be accompanied,
    |
0003|     represented and advised by counsel.  An objection may properly
    |
0004|     be made, received and entered upon the record when it is
    |
0005|     claimed that the person is entitled to refuse to answer the
    |
0006|     question on grounds of any constitutional or other legal right
    |
0007|     or privilege."
    |
0008|          Section 24.  Section 47-6-26 NMSA 1978 (being Laws 1973,
    |
0009|     Chapter 348, Section 26, as amended) is repealed and a new
    |
0010|     Section 47-6-26 NMSA 1978 is enacted to read:
    |
0011|          "47-6-26.  [<u>NEW MATERIAL</u>]  INJUNCTIVE RELIEF--MANDAMUS.-
    |
0012|     -The board of county commissioners, the district attorney or
    |
0013|     the attorney general may apply to the district court to have a
    |
0014|     subdivider enjoined from selling or leasing land within the
    |
0015|     affected subdivision until he complies with the terms of
    |
0016|     Sections 47-5-9 and 47-6-1 through 47-6-28 NMSA 1978.  In
    |
0017|     addition, the board of county commissioners, the district
    |
0018|     attorney or the attorney general may seek injunctive relief or
    |
0019|     bring mandamus to compel compliance with the provisions of this
    |
0020|     act.  However, nothing in this section shall be construed as
    |
0021|     limiting any common-law right of any person in any court
    |
0022|     relating to subdivisions."
    |
0023|          Section 25.  Section 47-6-27 NMSA 1978 (being Laws 1973,
    |
0024|     Chapter 348, Section 27, as amended) is repealed and a new
    |
0025|     Section 47-6-27 NMSA 1978 is enacted to read:
    |
0001|          "47-6-27.  [<u>NEW MATERIAL</u>]  CRIMINAL PENALTIES.--
    |
0002|               A.  Any person who sells or leases land that is a
    |
0003|     part of a subdivision before the plat has been approved and
    |
0004|     recorded or during a period in which the subdivider's right to
    |
0005|     sell has been suspended is guilty of a misdemeanor, which shall
    |
0006|     be punishable by a fine of not more than one thousand dollars
    |
0007|     ($1,000) for each parcel for which a violation occurred.
    |
0008|               B.  Any person who publishes or disseminates any
    |
0009|     material in violation of the Subdivision Act is guilty of a
    |
0010|     misdemeanor, which shall be punishable by a fine of not more
    |
0011|     than ten thousand dollars ($10,000) or by imprisonment for not
    |
0012|     more than one year or both.
    |
0013|               C.  Any person who violates any other provision of
    |
0014|     the Subdivision Act is guilty of a misdemeanor, which shall be
    |
0015|     punishable by a fine of not more than one thousand dollars
    |
0016|     ($1,000) for each violation of the Subdivision Act.
    |
0017|               D.  A conviction based upon any violation of the
    |
0018|     Subdivision Act requires proof of and a finding of general
    |
0019|     criminal intent.
    |
0020|          Section 26.  Section 47-6-27.1 NMSA 1978 (being Laws 1981,
    |
0021|     Chapter 148, Section 9) is repealed and a new Section 47-6-27.1

    |
0022|     NMSA 1978 is enacted to read:
    |
0023|          "47-6-27.1.  [<u>NEW MATERIAL</u>]  PRIVATE REMEDIES.--
    |
0024|               A.  Any transaction involving the sale or lease of
    |
0025|     subdivided land in a subdivision subject to the Subdivision
    |
0001|     Act, which has not been approved by the board of county
    |
0002|     commissioners, in violation of that act shall be voidable at
    |
0003|     the option of the purchaser or lessee. The purchaser or lessee
    |
0004|     may recover restitution of all money, property or other things
    |
0005|     paid to or received by the seller or lessor on his behalf.  The
    |
0006|     action shall be brought within one year after actual discovery
    |
0007|     by the purchaser or lessee of lack of approval but in no event
    |
0008|     after three years from the signing of the purchase or lease
    |
0009|     agreement.
    |
0010|               B.  Any purchaser or lessee of subdivided land who
    |
0011|     suffers any loss of money or property, real or personal, as a
    |
0012|     result of any material violation of the Subdivision Act or any
    |
0013|     county regulations adopted under that act may bring an action
    |
0014|     to recover either restitution of all money, property or other
    |
0015|     things paid to or received by the seller or lessor on his
    |
0016|     behalf or actual damages.  The action shall be brought within
    |
0017|     three years of the signing of the purchase or lease agreement.
    |
0018|               C.  Any purchaser or lessee of subdivided land who
    |
0019|     has purchased or leased land within an approved subdivision may
    |
0020|     bring an action in district court to compel specific
    |
0021|     performance of any proposed improvement set forth in a
    |
0022|     subdivider's disclosure statement or in any document obligating
    |
0023|     the person signing the document to purchase or lease land as a
    |
0024|     lessee or set forth in any advertising or promotional materials
    |
0025|     relating to the subdivided land.  The action shall be brought
    |
0001|     within three years after the signing of the purchase or lease
    |
0002|     agreement.
    |
0003|               D.  Costs shall be allowed to the prevailing party
    |
0004|     unless the court otherwise directs.  The court, in its
    |
0005|     discretion, may award reasonable attorney fees to the
    |
0006|     prevailing party.
    |
0007|               E.  The remedies provided in this section are in
    |
0008|     addition to remedies otherwise available under common law or
    |
0009|     other statutes of this state.
    |
0010|               F.  This section shall apply to the purchase or
    |
0011|     lease of subdivided land in approved or unapproved subdivisions
    |
0012|     that are entered into after the effective date of this
    |
0013|     section."
    |
0014|          Section 27.  Section 47-6-29 NMSA 1978 (being Laws 1973,
    |
0015|     Chapter 348, Section 41, as amended) is repealed and a new
    |
0016|     Section 47-6-29 NMSA 1978 is enacted to read:
    |
0017|          "47-6-29.  [<u>NEW MATERIAL</u>]  JURISDICTION.--Nothing in the
    |
0018|     Subdivision Act as currently in force or as hereafter amended
    |
0019|     shall be construed as limiting the municipal extraterritorial
    |
0020|     subdivision and platting jurisdiction provided for in Sections
    |
0021|     3-20-1 through 3-20-15 NMSA 1978."
    |
0022|          Section 28.  REPEAL.--Sections 47-6-11.1, 47-6-11.2,
    |
0023|     47-6-11.3 and Section 47-6-27.2 (being Laws 1995, Chapter 212,
    |
0024|     Sections 12, 13, 14 and 25) are repealed.
    |
0025|          Section 29.  EFFECTIVE DATE.--The effective date of the
    |
0001|     provisions of this act is July 1, 1997.
    |
0002|                                  
    |