Section 3-7-17 - Annexation; petition by owners of contiguous territory; duty of governing body; ordinance; appeal. - New Mexico Statutes

3-7-17. Annexation; petition by owners of contiguous territory; duty of governing body; ordinance; appeal.

A.     Except as provided in Sections 3-7-17.1 and 3-57-4 NMSA 1978, whenever a petition:   

(1)     seeks the annexation of territory contiguous to a municipality;   

(2)     is signed by the owners of a majority of the number of acres in the contiguous territory;   

(3)     is accompanied by a map that shows the external boundary of the territory proposed to be annexed and the relationship of the territory proposed to be annexed to the existing boundary of the municipality; and   

(4)     is presented to the governing body, the governing body shall by ordinance express its consent or rejection to the annexation of such contiguous territory.   

B.     If the ordinance consents to the annexation of the contiguous territory, a copy of the ordinance, with a copy of the plat of the territory so annexed, shall be filed in the office of the county clerk. After the filing, the contiguous territory is part of the municipality. The clerk of the municipality shall also send copies of the ordinance annexing the territory and of the plat of the territory so annexed to the secretary of finance and administration and to the secretary of taxation and revenue.   

C.     Within thirty days after the filing of the copy of the ordinance in the office of the county clerk, any person owning land within the territory annexed to the municipality may appeal to the district court questioning the validity of the annexation proceedings. If no appeal to the district court is filed within thirty days after the filing of the ordinance in the office of the county clerk or if the court renders judgment in favor of the municipality, the annexation shall be deemed complete.