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New Mexico Statutes

N.M. Stat. § 3-7-17 (2026)

Annexation; petition by owners of contiguous territory; duty

✓ current as of May 2026
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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.

History: 1953 Comp., § 14-7-17, enacted by Laws 1965, ch. 300; 1981, ch. 204, § 9; 1998, ch. 42, § 1.

ANNOTATIONS

Cross references. — For examination of signatures, purging and judicial review of petitions, see 3-1-5 NMSA 1978.

The 1998 amendment, effective May 20, 1998, substituted "of" for "or" in the section heading; in Subsection A, inserted "Except as provided in Sections 3-7-17.1 and 3-57-4 NMSA 1978" at the beginning, and substituted "that shows" for "which shall show" near the beginning of Paragraph A(3); and substituted "or if" for "of it" in Subsection C.

Section does not violate "one man-one vote" principle of the equal protection clause of the United States constitution, even though it does not provide for annexation by a petition of a majority of the landowners in the area without regard to the number of acres each owns. Torres v. Village of Capitan, 1978-NMSC-065, 92 N.M. 64, 582 P.2d 1277.

Plain meaning of "owning land" in Subsection C of this section is to have equitable or legal fee title ownership of real estate within the annexed territory. Santa Fe County Bd. of County Comm'rs v. Town of Edgewood, 2004-NMCA-111, 136 N.M. 301, 97 P.3d 633.

Purpose in affixing plat or survey to annexation petition is to notify interested persons of land which is included, as well as to make definite what the corporate limits are and to permit officials to ascertain who are residents within the municipality and to help determine if a sufficient number of signatures of property owners from within the area appear on the petition. Hughes v. City of Carlsbad, 1949-NMSC-018, 53 N.M. 150, 203 P.2d 995.

Consideration of unplatted land. — Unplatted land, which was held for sale as urban property to accommodate reasonably expected development within eight years, could properly be considered in determining whether annexation petition was adequate. Hughes v. City of Carlsbad, 1949-NMSC-018, 53 N.M. 150, 203 P.2d 995.

Appeal from denial of petition. — The petition method of annexation provided by this section is a legislative procedure and although the statute provides no express right of appeal when a petition is denied, only a direct appeal lies to the district court, as opposed to a writ of certiorari proceeding. Dugger v. City of Santa Fe, 1992-NMCA-022, 114 N.M. 47, 834 P.2d 424, cert. denied, 113 N.M. 744, 832 P.2d 1223.

Standard of review. — The scope of judicial review of an annexation completed under the petition process is limited to determining whether the municipality has acted illegally or unconstitutionally. Daugherty v. City of Carlsbad, 1995-NMCA-108, 120 N.M. 716, 905 P.2d 1120, cert. denied, 120 N.M. 636. 904 P.2d 1061.

When landowners challenged annexation on the ground that the property was not contiguous and presented arguments that were essentially political and economic, such arguments were not within the scope of review, and the district court, finding that the property was contiguous as a matter of law, properly refused to analyze the economic or political benefits or burdens bestowed upon the landowners' property. Daugherty v. City of Carlsbad, 1995-NMCA-108, 120 N.M. 716, 905 P.2d 1120, cert. denied, 120 N.M. 636. 904 P.2d 1061.

Standing under Subsection C of this section requires an equitable or fee title interest. Santa Fe Cnty. Bd. of Cnty. Comm'rs v. Town of Edgewood, 2004-NMCA-111, 136 N.M. 301, 97 P.3d 633.

Standing to appeal. — Where it was determined that a partnership did not own property in the annexed territory, it had no standing to challenge the annexation. State ex rel. State Highway & Transp. Dep't v. City of Sunland Park, 1999-NMCA-143, 128 N.M. 371, 993 P.2d 85, cert. quashed, 133 N.M. 31, 59 P.3d 1263 (2002).

The state's interest in highway property granted by 67-2-5 NMSA 1978 satisfies the requirement for standing of the State Highway and Transportation Department [department of transportation] to appeal an annexation proceeding under Subsection C of this section. State ex rel. State Highway & Transp. Dep't v. City of Sunland Park, 1999-NMCA-143, 128 N.M. 371, 993 P.2d 85, cert. quashed, 133 N.M. 31, 59 P.3d 1263 (2002).

Counties that do not own roads in equitable or fee title may participate in the process leading to an ordinance consenting to an annexation petition in order to ensure an orderly transition in services, but does not have standing to appeal from the adoption of the ordinance. Santa Fe Cnty. Board of Cnty. Comm'rs v. Town of Edgewood, 2004- NMCA-111, 136 N.M. 301, 97 P.3d 633.

Annexation of special zoning district. — When all or a portion of a special zoning district is annexed by an incorporated municipality, the special zoning district loses all of its zoning jurisdiction over the annexed territory to the municipality. 1983 Op. Att'y Gen. No. 83-06.

Law reviews. — For note, "Annexation of Unincorporated Territory in New Mexico," see 6 Nat. Resources J. 83 (1966).

Notes of Decisions
Cited in 8 cases, 1992–2018 · leading case: Santa Fe Cnty. Bd. of Cnty. Commissioners v. Town of Edgewood, 2004-NMCA-111, 97 P.3d 633.
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Santa Fe Cnty. Bd. of Cnty. Commissioners v. Town of Edgewood, 2004-NMCA-111, 97 P.3d 633. · cites it 31× “Background {2} The Town adopted a number of ordinances in the fall of 2001 that approved the annexation of land within Bernalillo, Sandoval, and Santa Fe counties pursuant to the petition method of annexation, as set forth in Section 3-7-17. The County filed an appeal in…”
Dugger v. City of Santa Fe, 834 P.2d 424 (N.M. Ct. App. 1992). · cites it 23× “We hold that the petition method of annexation provided by NMSA 1978, Section 3-7-17 (Repl.Pamp.1987), is a legislative procedure.”
State Ex Rel. State High. & Transp. Dep't v. City of Sunland Park, 1999-NMCA-143, 993 P.2d 85. · cites it 18× “{4} In early 1997 Jack Pickel, POST’s manager, petitioned for annexation under the authority of NMSA 1978, § 3-7-17 (1981), which then stated: A.”
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 8× “Section 3-7-17. {3} Section 3-7-17.1 establishes special requirements for annexation petitions submitted to existing municipalities with a population of less than 300,000 persons and located in Class A counties, which are counties having an assessed valuation of over $75,000,000…”
State Ex Rel. State High. & Transp. Dep't v. City of Sunland Park, 3 P.3d 128 (N.M. Ct. App. 2000). · cites it 2× “Shortly after the City passed the ordinance, the New Mexico Highway and Transportation Department (the Highway Department) and Paseo Del Norte Limited Partnership (PDN) appealed the annexation to the Third Judicial District Court pursuant to NMSA 1978, § 3-7-17(C) (1998), and…”
Daugherty v. City of Carlsbad, 905 P.2d 1120 (N.M. Ct. App. 1995). · cites it 10× “Id It is the third procedure authorized by the legislature, the petition method, NMSA 1978, Section 3-7-17 (Repl. Pamp.1987), that is involved in this case.”
City of Albuquerque v. State, 2002-NMCA-024, 131 N.M. 665. · cites it 3× “The most commonly exercised option is the “petition method,” which is set out in NMSA 1978, §§ 3-7-17 and 17.1 (1998). Using that method, if landowners holding a majority of the acres in the territory proposed to be annexed are in favor of annexation, they can petition directly…”
City of Albuquerque v. MUN. BOUNDARY COM'N, 41 P.3d 933 (N.M. Ct. App. 2002). · cites it 3× “The most commonly exercised option is the "petition method," which is set out in NMSA 1978, §§ 3-7-17 and 17.1 (1998). Using that method, if landowners holding a majority of the acres in the territory proposed to be annexed are in favor of annexation, they can petition directly…”
N.M. Stat. § 3-7-17(A): 3 cases
Dugger v. City of Santa Fe, 834 P.2d 424 (N.M. Ct. App. 1992). “We hold that the petition method of annexation provided by NMSA 1978, Section 3-7-17 (Repl.Pamp.1987), is a legislative procedure.”
State Ex Rel. State High. & Transp. Dep't v. City of Sunland Park, 1999-NMCA-143, 993 P.2d 85. “{4} In early 1997 Jack Pickel, POST’s manager, petitioned for annexation under the authority of NMSA 1978, § 3-7-17 (1981), which then stated: A.”
Daugherty v. City of Carlsbad, 905 P.2d 1120 (N.M. Ct. App. 1995). “Id It is the third procedure authorized by the legislature, the petition method, NMSA 1978, Section 3-7-17 (Repl. Pamp.1987), that is involved in this case.”
N.M. Stat. § 3-7-17(A)(2): 1 case
State Ex Rel. State High. & Transp. Dep't v. City of Sunland Park, 1999-NMCA-143, 993 P.2d 85. “{4} In early 1997 Jack Pickel, POST’s manager, petitioned for annexation under the authority of NMSA 1978, § 3-7-17 (1981), which then stated: A.”
N.M. Stat. § 3-7-17(A)(4): 3 cases
Dugger v. City of Santa Fe, 834 P.2d 424 (N.M. Ct. App. 1992). “We hold that the petition method of annexation provided by NMSA 1978, Section 3-7-17 (Repl.Pamp.1987), is a legislative procedure.”
City of Albuquerque v. State, 2002-NMCA-024, 131 N.M. 665. “The most commonly exercised option is the “petition method,” which is set out in NMSA 1978, §§ 3-7-17 and 17.1 (1998). Using that method, if landowners holding a majority of the acres in the territory proposed to be annexed are in favor of annexation, they can petition directly…”
City of Albuquerque v. MUN. BOUNDARY COM'N, 41 P.3d 933 (N.M. Ct. App. 2002). “The most commonly exercised option is the "petition method," which is set out in NMSA 1978, §§ 3-7-17 and 17.1 (1998). Using that method, if landowners holding a majority of the acres in the territory proposed to be annexed are in favor of annexation, they can petition directly…”
N.M. Stat. § 3-7-17(C): 4 cases
Santa Fe Cnty. Bd. of Cnty. Commissioners v. Town of Edgewood, 2004-NMCA-111, 97 P.3d 633. “Background {2} The Town adopted a number of ordinances in the fall of 2001 that approved the annexation of land within Bernalillo, Sandoval, and Santa Fe counties pursuant to the petition method of annexation, as set forth in Section 3-7-17. The County filed an appeal in…”
State Ex Rel. State High. & Transp. Dep't v. City of Sunland Park, 1999-NMCA-143, 993 P.2d 85. “{4} In early 1997 Jack Pickel, POST’s manager, petitioned for annexation under the authority of NMSA 1978, § 3-7-17 (1981), which then stated: A.”
Dugger v. City of Santa Fe, 834 P.2d 424 (N.M. Ct. App. 1992). “We hold that the petition method of annexation provided by NMSA 1978, Section 3-7-17 (Repl.Pamp.1987), is a legislative procedure.”
State Ex Rel. State High. & Transp. Dep't v. City of Sunland Park, 3 P.3d 128 (N.M. Ct. App. 2000). “Shortly after the City passed the ordinance, the New Mexico Highway and Transportation Department (the Highway Department) and Paseo Del Norte Limited Partnership (PDN) appealed the annexation to the Third Judicial District Court pursuant to NMSA 1978, § 3-7-17(C) (1998), and…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.