1. A. A local government may directly exercise its metropolitan redevelopment project powers or it may, by ordinance if it determines such action to be in the public interest, elect to delegate the exercise of such powers to the metropolitan redevelopment agency created pursuant to the Redevelopment Law [3-60A-5 to 3-60A-13, 3-60A-14 to 3-60A-18 NMSA 1978]. If the local government so determines, the agency shall be vested with all of the powers in the same manner as though all the powers were conferred on the agency or authority instead of the local government.

2. B. As used in this section, the term "redevelopment project powers" includes any rights, powers, functions and duties of a local government authorized by the Redevelopment Law except the following, which are reserved to the local government, the power to:

   1. (1) declare an area to be a slum or a blighted area or combination thereof and to designate the area as appropriate for a redevelopment project;
   2. (2) approve or amend redevelopment plans;
   3. (3) approve a general plan for the local government as a whole;
   4. (4) make findings of necessity prior to preparation of a metropolitan redevelopment plan as provided in the Redevelopment Law and the findings and determinations required prior to approval of a metropolitan redevelopment plan or project as provided in the Redevelopment Law;
   5. (5) issue general obligation bonds and revenue bonds as authorized by law;
   6. (6) issue redevelopment bonds; and
   7. (7) appropriate funds and levy taxes and assessments.

History: Laws 1979, ch. 391, § 15; 2007, ch. 329, § 6; 2007, ch. 330, § 6; 2018, ch. 60, § 14; 2023, ch. 112, § 2.

ANNOTATIONS

Compiler's notes. — Laws 2024, ch. 62, § 3 changed the effective date of Laws 2023, ch. 112 from July 1, 2024 to January 1, 2025.

The 2023 amendment, effective January 1, 2025, revised the list of exceptions to the term "redevelopment project powers"; and in Subsection B, deleted Paragraphs B(6) and B(7), which provided for the approval of loans or grants and the approval of leases of more than one year's duration, and redesignated former Paragraphs B(8) and B(9) as Paragraphs B(6) and B(7), respectively.

The 2018 amendment, effective May 16, 2018, extended the powers and duties as identified in the Metropolitan Redevelopment Code from only municipalities to now include counties; replaced "municipality" and "governing body" with "local government" throughout the section; and in Subsection B, Paragraph B(5), after "as authorized", deleted "in the Municipal Code" and added "by law", and in Paragraph B(8) after "issue", deleted "municipal".

The 2007 amendment, effective June 15, 2007, eliminated the exercise of the power of eminent domain in Subsection B.