No county seat, where there are county buildings, shall be removed unless three-fifths of the votes cast by qualified electors on the question of removal at an election called and held as now or hereafter provided by law, be in favor of such removal. The proposition of removal shall not be submitted in the same county oftener than once in eight years.

ANNOTATIONS

Comparable provisions. — Idaho Const., art. XVIII, § 2.

Montana Const., art. XI, § 2.

Utah Const., art. XI, § 2.

Wyoming Const., art. XII, § 3.

Statute properly authorizes election. — Under this section, an election was properly authorized by 4-34-3 NMSA 1978. Orchard v. Board of Comm'rs, 1938-NMSC-011, 42 N.M. 172, 76 P.2d 41.

Suit will lie to enjoin removal of county seat, since other legal remedies would not apply, and injunction would not interfere with the political department of government; but plaintiff in injunction proceeding would have burden of proving that city to which removal was proposed was not selected by a requisite number of voters. Orchard v. Board of Comm'rs, 1938-NMSC-011, 42 N.M. 172, 76 P.2d 41.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 54.

Legislative power to raise constitutional minimum of favorable votes imposed upon adoption of proposition to change county seat submitted to voters, 91 A.L.R. 1021.

Nonregistration as affecting one's qualification as signer of petition for change of county seat, 100 A.L.R. 1308.

Prohibition to restrain action of administrative officers as to relocation of county seat, 115 A.L.R. 33, 159 A.L.R. 627.

Withdrawal of name from petition, for change of county seat, or revocation of withdrawal, and time therefor, 126 A.L.R. 1031, 27 A.L.R.2d 604.

20 C.J.S. Counties §§ 49 to 62.