§ 3-2-5 — Incorporation; duties of county commissioners after filing of

petition to act; population data required; election; right of appeal to district court. A. After the petition for incorporation, together with the accompanying map or plat and the municipal services and revenue plan have been filed with the board of county commissioners, the board of county commissioners, in lieu of complying with the requirements of Section 3-1-5 NMSA 1978, shall determine within thirty days after the filing of the petition: (1) from the voter registration list in the office of the county clerk if the signers of the petition are qualified electors residing in the territory proposed to be incorporated; or (2) from the tax schedules of the county if any of the owners of the real estate who signed the petition are delinquent in the payment of property taxes; and (3) if the territory proposed to be incorporated is within an existing municipality or within the urbanized area of a municipality. B. If the board of county commissioners determines that the territory proposed to be incorporated is: (1) not within the boundary of an existing municipality and not within the urbanized area of a municipality; or (2) within the urbanized area of another municipality and in compliance with Section 3-2-3 NMSA 1978, the board of county commissioners shall accept the data provided by the university of New Mexico geospatial and population studies group regarding whether or not the territory proposed to be incorporated contains a population density of not less than one person per acre. C. Within fifteen days after the date the university of New Mexico geospatial and population studies group data and the municipal incorporation review team's report have been filed with the board of county commissioners, the board of county commissioners shall determine if the conditions for incorporation of the territory as a municipality have been met as required in Sections 3-2-1 through 3-2-3 NMSA 1978 and shall have its determination recorded in the minutes of its meeting. D. Based on the university of New Mexico geospatial and population studies group data and the municipal incorporation review team's report, if the board of county commissioners determines that the conditions for incorporation have not been met, the board of county commissioners shall notify the petitioners of its determination by publishing in a newspaper of general circulation in the territory proposed to be incorporated, once, not more than ten days after its determination, a notice of its determination that the conditions for incorporation have not been met. If there is no newspaper of general circulation in the territory proposed to be incorporated, notice of the determination shall be posted in eight public places within the territory proposed to be incorporated. E. After the board of county commissioners has determined that all of the conditions for incorporation of the territory as a municipality have been met, the board of county commissioners shall hold an election on the question of incorporating the territory as a municipality. Special elections for the incorporation of municipalities shall only be held in June or July in odd-numbered years or July or August in even-numbered years and shall be held pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. The county clerk shall notify the secretary of finance and administration and the secretary of taxation and revenue of the date of the incorporation election within ten days after the adoption of the resolution calling the election. F. The signers of the petition or a municipality within whose urbanized area the territory proposed to be incorporated is located may appeal any determination of the board of county commissioners to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.

Legislative History

1953 Comp., § 14-2-4, enacted by Laws 1965, ch. 300; 1981, ch. 205, § 1;