1. A. The purpose of Sections 3-7-11 through 3-7-16 NMSA 1978 is to establish an independent commission known as the "municipal boundary commission" to determine the annexation of territory to a municipality whenever:

   1. (1) the municipality petitions the municipal boundary commission to annex territory to the municipality; or
   2. (2) a majority of the landowners of the territory proposed to be annexed petition the municipal boundary commission to annex the territory to the municipality.
2. B. The municipal boundary commission shall hear a request for municipal annexation of a traditional historic community only upon petition of a majority of the qualified electors of the territory within the traditional historic community.

History: 1953 Comp., § 14-7-11, enacted by Laws 1965, ch. 300; 1995, ch. 170, § 3; 1995, ch. 211, § 2.

ANNOTATIONS

1995 amendments. — Identical amendments to this section were enacted by Laws 1995, ch. 170, § 3 and Laws 1995, ch. 211, § 2, both effective April 6, 1995, and approved April 16, 1995, which designated the former introductory paragraph as Subsection A and redesignated former Subsections A and B as Paragraphs (1) and (2) thereof; substituted "Sections 3-7-11 through 3-7-16 NMSA 1978" for "Sections 14-7-11 through 14-7-16 New Mexico Statutes Annotated, 1953 Compilation" in Subsection A; and added Subsection B. The section was set out as amended by Laws 1995, ch. 211, § 2. See 12-1-8 NMSA 1978.

Standards for judicial review. — Applying administrative standards of review to annexation decisions made pursuant to either arbitration or commission procedures are proper. Cox v. Municipal Boundary Comm'n, 1995-NMCA-120, 120 N.M. 703, 905 P.2d 741, cert. denied, 120 N.M. 636, 904 P.2d 1061.

Law reviews. — For note, "Annexation of Unincorporated Territory in New Mexico," see 6 Nat. Resources J. 83 (1966).