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NEW MEXICO STATUTES AND CODES

Section 7-38-79 - Changes in property tax schedule ordered by the division; action by the division in district court to enforce ordered changes.

7-38-79. Changes in property tax schedule ordered by the division; action by the division in district court to enforce ordered changes.

A.     After the delivery of the property tax schedule to the county treasurer but before the tax bill is mailed for a particular tax year, the division may order the county assessor or county treasurer, or both, to make changes in the property tax schedule in connection with any property listed on the schedule if any of the following actions have been taken in a manner that is not in compliance with the provisions of law or applicable regulations of the division:   

(1)     an unprotested determination of value for property taxation purposes;   

(2)     an unprotested allocation of values to governmental units;   

(3)     an unprotested determination of classification; or   

(4)     the application of the tax rates.   

B.     After the delivery of the property tax schedule to the county treasurer for a particular tax year, the division may order the county assessor or county treasurer, or both, to make changes in the property tax schedule in connection with any property listed on the schedule:   

(1)     for any of the reasons for which a county treasurer could change the property tax schedule under Section 7-38-77 NMSA 1978; or   

(2)     for any of the reasons for which a district court could order changes in the property tax schedule at the request of a property owner under Section 7-38-78 NMSA 1978 except for the reason specified in Paragraph (6) of Subsection B of that section.   

C.     Any action taken by the division under this section shall be by written order of the director. Copies of the order shall be mailed by certified mail to the property owner, the county assessor and the county treasurer.   

D.     If the county assessor or county treasurer refuses to make any changes ordered by the division under this section, the division may bring an action to enforce its order in the district court for the county involved.   

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