Section 74-10-8 - Hearing on petition. - New Mexico Statutes

74-10-8. Hearing on petition.

A.     At any time after the filing of the petition for the organization of an authority and before the day fixed for the hearing for the county special district commission on said petition, the owner of any taxable property within the proposed authority may file a petition with the county special district commission stating the reasons why the property should not be included in the authority and requesting that the property be excluded from it.  The petition shall be verified and shall describe the property sought to be excluded.  The county special district commission shall hear the petition and all objections to it at the time of the hearing before the county special district commission on the petition for organization of the solid waste authority and said county special district commission shall determine whether the property should be excluded or included in the authority.   

B.     The county special district commission may deny the petition or may order the petition to be modified if the county special district commission, after hearing on the petition, finds that:   

(1)     the proposed solid waste authority and improvements therein cannot conform with state regulations;   

(2)     the solid waste authority improvements cannot be implemented within a reasonable time taking into consideration the applications for state and federal grants;   

(3)     there is a lacking or actual or impending need for the solid waste improvements proposed; or   

(4)     the boundaries of the proposed authority contain land that has no actual or impending need for a solid waste authority or cannot be reasonably expected to utilize the solid waste authority improvements.