New Mexico Statutes

N.M. Stat. § 3-2-2 (2026)

Characteristics of territory proposed to be incorporated as a

✓ current as of May 2026

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municipality.
A. A territory proposed to be incorporated as a municipality shall:

(1) not be within the boundary of another municipality;

(2) have a population density of not less than one person per acre, except for
a class B county with a net taxable value of property for property tax purposes in 1990
of over ninety-five million dollars ($95,000,000) and a population of less than ten
thousand according to the 1990 federal decennial census and where the population
density of the territory proposed to be incorporated is not less than one person per four
acres;

(3) contain not less than one hundred fifty persons; and

(4) contain a sufficient assessed value of real property and a sufficient
number of businesses so that the proposed municipality will contain a sufficient tax base
to enable it to provide a clerk-treasurer, a police officer and office space for the
municipal government within one year of incorporation.

B. In the alternative to the requirements of Paragraph (2) of Subsection A of this
section, a territory proposed to be incorporated as a municipality shall:

(1) contain within its boundaries a resort area having more than fifty thousand
visitors a year; and

(2) have more than one hundred fifty single-family residences, as shown by
the property tax rolls.

History: 1953 Comp., § 14-2-2, enacted by Laws 1965, ch. 300; 1991, ch. 56, § 1;
1995, ch. 108, § 1; 1999, ch. 136, § 1; 2013, ch. 120, § 2.

ANNOTATIONS

The 2013 amendment, effective June 14, 2013, made grammatical changes in the
introductory sentences in in Subsections A and B.

The 1999 amendment, effective June 18, 1999, added Subsection A(4).

The 1995 amendment, effective June 16, 1995, designated the introductory provisions
as Subsection A, redesignated former Subsections A through C as Paragraphs (1)
through (3) of Subsection A, added Subsection B, and made a minor stylistic change in
Paragraph (2) of Subsection A.

The 1991 amendment, effective June 14, 1991, in Subsection B, added the language
beginning with "except for a class B county".

Applicability. — This section merely sets out the characteristics required of any
territory proposed to be incorporated; it does not address the incorporation proceedings
themselves. Citizens for Incorporation, Inc. v. Board of County Comm'rs, 1993-NMCA-
069, 115 N.M. 710, 858 P.2d 86, cert. denied, 115 N.M. 602, 856 P.2d 250.

Law reviews. — For article, "Prisoners Are People," see 10 Nat. Resources J. 869
(1970).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations,
Counties, and Other Political Subdivisions §§ 39 to 43.

Notes of Decisions

Cited in 7 cases, 1993–2014 · leading case: Citizens for Incorporation, Inc. v. Bd. of Cnty. Commissioners, 858 P.2d 86 (N.M. Ct. App. 1993).

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Citizens for Incorporation, Inc. v. Bd. of Cnty. Commissioners, 858 P.2d 86 (N.M. Ct. App. 1993). · cites it 12× “Petitioners argue that NMSA 1978, Section 3-2-2 (Repl.Pamp.1987) does not impose any requirement that a census be conducted and further argue that the legislature’s 1991 amendment to Section 3-2-2 to allow reliance on the 1990 decennial census indicates that Petitioners were…”

City of Albuquerque v. Montoya, 274 P.3d 108 (N.M. 2012). · cites it 2× “II, § 3-2-18 (2002), and the method for appointing an interim member has not substantially changed since 1977. See parenthetical notation to Ordinances § 3-2-2; § 3-2-13.”

AFSCME Council 18 v. City of Albuquerque, 2013 NMCA 12 (N.M. Ct. App. 2012). “{10} Our Supreme Court discussed the purposes of grandfather clauses in Regents, 1998- NMSC-020, ¶¶ 23-28, a case involving the prior version of the PEBA.”

Albuquerque Police Officers' Ass'n v. City of Albuquerque, 2013 NMCA 110 (N.M. Ct. App. 2013). “, Ordinance § 3-2-2(A) (1977). {9} In this case, the City’s expenditure of funds to comply with the CBA was subject to both “the specific appropriation of funds” and “the availability of funds” under Section 10-7E-17(E).”

Am. Fed'n of State v. City of Albuquerque, 2013 NMCA 012 (N.M. Ct. App. 2013). “It does not, however, contain binding arbitration or evergreen provisions. {10} Our Supreme Court discussed the purposes of grandfather clauses in Regents, 1998-NMSC-020, ¶¶ 23-28 , a case involving the prior version of the PEBA.”

Albuquerque Police Officers' Assn. v. City of Albuquerque (N.M. Ct. App. 2013). “, Ordinance § 3-2-2(A) (1977). {9} In this case, the City’s expenditure of funds to comply with the CBA was subject to both “the specific appropriation of funds” and “the availability of funds” under Section 10- 7E-17(E).”

City of Albuquerque v. Am. Fed'n of State, Employees Local 1888, 2015 NMCA 023 (N.M. Ct. App. 2014). “II, §§ 3-2-2(A) and 3-2-3. And the LMRO prohibits the City and its employees from engaging in certain conduct, which it calls, “prohibited practices.”

— N.M. Stat. § 3-2-2(A) — 5 cases

— N.M. Stat. § 3-2-2(B) — 1 case

Citizens for Incorporation, Inc. v. Bd. of Cnty. Commissioners, 858 P.2d 86 (N.M. Ct. App. 1993). “Petitioners argue that NMSA 1978, Section 3-2-2 (Repl.Pamp.1987) does not impose any requirement that a census be conducted and further argue that the legislature’s 1991 amendment to Section 3-2-2 to allow reliance on the 1990 decennial census indicates that Petitioners were…”

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