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New Mexico Statutes

N.M. Stat. § 3-7-11 (2026)

Municipal boundary commission; purpose.

✓ current as of May 2026
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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)     the municipality petitions the municipal boundary commission to annex
territory to the municipality; or

        (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.

   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).
Notes of Decisions
Cited in 12 cases, 1984–2018 · leading case: Mark D. v. Mun. Boundary Comm'n, 905 P.2d 741 (N.M. Ct. App. 1995).
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Mark D. v. Mun. Boundary Comm'n, 905 P.2d 741 (N.M. Ct. App. 1995). · cites it 10× “§ 3-7-6 (establishment of board of arbitration when municipality desires to annex contiguous territory); NMSA 1978, § 3-7-11 (Repl. Pamp.1987) (establishment of independent municipal boundary commission).”
Mutz v. Mun. Boundary Comm'n, 688 P.2d 12 (N.M. 1984). · cites it 2× “Included in its petition was the following described land belonging to Petitioners: * * * * * * All of Blocks 210, 220, 230, 240, 250, and 260; Lots 4 through 22, Block 270; Lots 1 through 7, the 42 feet of Lots 13 and 14 and Lots 15 through 22, Block 280; * * * * * * Lots 10…”
Mark D. v. Mun. Boundary Comm'n, 1998 NMCA 025 (N.M. Ct. App. 1998). · cites it 6× “Answering each question in the affirmative, we decide, most importantly, that the statutory notice applicable to Commission proceedings is NMSA 1978, Section 3-7-14(B) (1965), and not NMSA 1978, Section 3-l-2(J) (1987) of the Municipal Code.”
Cox v. Mun. Boundary Com'n, 954 P.2d 1186 (N.M. Ct. App. 1998). · cites it 6× “Answering each question in the affirmative, we decide, most importantly, that the statutory notice applicable to Commission proceedings is NMSA 1978, Section 3-7-14(B) (1965), and not NMSA 1978, Section 3-1-2(J) (1987) of the Municipal Code.”
Dugger v. City of Santa Fe, 834 P.2d 424 (N.M. Ct. App. 1992). · cites it 2× “§ 3-7-15(E). Thus, application of administrative standards of review to annexations made pursuant to these two methods is likewise proper.”
State Ex Rel. State High. & Transp. Dep't v. City of Sunland Park, 993 P.2d 85 (N.M. Ct. App. 1999). · cites it 2× “Perhaps the City on its own could initiate an annexation through the arbitration method, see NMSA 1978, § 3-7-5 (1965), or the boundary commission method, see NMSA 1978, § 3-7-11(A)(1) (1995), to add adjacent streets.”
Provisional Gov't of Santa Teresa v. Doña Ana Cnty. Bd. of Cnty. Comm'rs, 429 P.3d 981 (N.M. Ct. App. 2018). · cites it 2× “Section 3-7-11. If the MBC determines that the territory is contiguous and "may be provided with municipal services," it orders the annexation.”
City of Albuquerque v. State, 2002 NMCA 024 (N.M. Ct. App. 2002). · cites it 4× “See NMSA 1978, § 3-7-11 (1995). The Commission may hear petitions from either municipalities seeking to annex new territory or from landowners hoping to stretch the boundaries of a municipality to include their property.”
City of Sunland Park v. Santa Teresa Concerned Citizens Ass'n, 792 P.2d 1138 (N.M. 1990). “On August 20, 1986, the city filed a petition with the New Mexico Municipal Boundary Commission, pursuant to NMSA 1978, Sections 3-7-11 to -16 (Repl.Pamp.1987), seeking annexation of virtually the same territory.”
City of Albuquerque v. MUN. BOUNDARY COM'N, 41 P.3d 933 (N.M. Ct. App. 2002). · cites it 5× “See NMSA 1978, § 3-7-11 (1995). The Commission may hear petitions from either municipalities seeking to annex new territory or from landowners hoping to stretch the boundaries of a municipality to include their property.”
Town of Edgewood v. State of New Mexico Mun. Boundary Comm'n, 2013 NMCA 047 (N.M. Ct. App. 2013). · cites it 4× “NMSA 1978, § 3-7-11(A)(1) (1995); NMSA 1978, § 3-7-13 (1983) (setting out requirements for filing of a petition to annex and its form).”
Town of Edgewood v. N.M. Mun. Boundary Comm'n, 2013 NMCA 47 (N.M. Ct. App. 2013). · cites it 4× “NMSA 1978, § 3-7-11(A)(1) (1995); NMSA 1978, § 3-7-13 (1983) (setting out requirements for filing of a petition to annex and its form).”
N.M. Stat. § 3-7-11(A): 1 case
City of Albuquerque v. MUN. BOUNDARY COM'N, 41 P.3d 933 (N.M. Ct. App. 2002). “See NMSA 1978, § 3-7-11 (1995). The Commission may hear petitions from either municipalities seeking to annex new territory or from landowners hoping to stretch the boundaries of a municipality to include their property.”
N.M. Stat. § 3-7-11(A)(1): 3 cases
State Ex Rel. State High. & Transp. Dep't v. City of Sunland Park, 993 P.2d 85 (N.M. Ct. App. 1999). “Perhaps the City on its own could initiate an annexation through the arbitration method, see NMSA 1978, § 3-7-5 (1965), or the boundary commission method, see NMSA 1978, § 3-7-11(A)(1) (1995), to add adjacent streets.”
Town of Edgewood v. State of New Mexico Mun. Boundary Comm'n, 2013 NMCA 047 (N.M. Ct. App. 2013). “NMSA 1978, § 3-7-11(A)(1) (1995); NMSA 1978, § 3-7-13 (1983) (setting out requirements for filing of a petition to annex and its form).”
Town of Edgewood v. N.M. Mun. Boundary Comm'n, 2013 NMCA 47 (N.M. Ct. App. 2013). “NMSA 1978, § 3-7-11(A)(1) (1995); NMSA 1978, § 3-7-13 (1983) (setting out requirements for filing of a petition to annex and its form).”
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