44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO COMMUNITY LAND GRANTS; ENACTING SECTIONS OF THE NMSA 1978 TO ENLARGE THE POWERS OF THE BOARD OF TRUSTEES OF COMMUNITY LAND GRANTS TO PERMIT ZONING AND IMPOSITION OF NEGATIVE EASEMENTS AND TO AUTHORIZE THE LEVY AND COLLECTION OF PROPERTY TAXES ON THE NET TAXABLE VALUE OF PROPERTY WITHIN THE LAND GRANT; PROHIBITING CLAIM OF TITLE TO LANDS WITHIN THE GRANT BY ADVERSE POSSESSION; PROVIDING FOR NONFORFEITURE OF WATER RIGHTS BY PRESCRIPTION OR FOR NONUSE.

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

Section 1. COMMUNITY LAND GRANTS--TRUSTEES--ADDITIONAL POWERS.--In addition to the powers conferred on the board of trustees of a community land grant under the provisions of Section 49-1-3 NMSA 1978, the board of trustees of a community land grant shall have the following additional general powers over lands within the grant:

A. for the purpose of promoting health, safety or the general welfare, the power to zone, regulate and restrict within the land grant the:

(1) height, number of stories and size of buildings and other structures;

(2) percentage of a tract of land that may be occupied;

(3) size of yards, courts or other open space;

(4) density of population; and

(5) location and use of buildings, structures and land for trade, industry, residence and other purposes;

B. the power of eminent domain, under which it may condemn property pursuant to the Eminent Domain Code and impose negative easements on lands held within the exterior boundaries of the community land grant; and

C. the power to impose property taxes pursuant to the provisions of Paragraph (2) of Subsection C of Section 7-37-7 NMSA 1978 on the net taxable value of all real property within the community land grant for the use of the community land grant for general purposes.

Section 2. ADVERSE CLAIMS PROHIBITED.--The common lands of a community land grant are not subject to claim by adverse possession.

Section 3. WATER RIGHTS--NONFORFEITURE.--The water rights of a community land grant that is subject to the provisions of Chapter 49 NMSA 1978 shall not be lost by the community land grant by prescription or by forfeiture for lack of beneficial use of the water.