N.M. Stat. » N.M. Stat. / Chapter 3 / Article 7
New Mexico Statutes

N.M. Stat. § 3-7-5 (2026)

Annexation; arbitration; resolution of intent.

✓ current as of May 2026
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If the governing body of a municipality desires to annex contiguous territory, the
governing body may, by resolution, declare that the benefits of municipal government
are or can be made available within a reasonable time to the territory proposed to be
annexed and that it desires to annex such territory. A copy of the resolution with a copy
of a plat of the territory proposed to be annexed shall be filed with the county clerk.

History: 1953 Comp., § 14-7-5, enacted by Laws 1965, ch. 300.

                                     ANNOTATIONS

Law reviews. — For note, "Annexation of Unincorporated Territory in New Mexico," see
6 Nat. Resources J. 83 (1966).
Notes of Decisions
Cited in 5 cases, 1995–2018 · leading case: State Ex Rel. State High. & Transp. Dep't v. City of Sunland Park, 993 P.2d 85 (N.M. Ct. App. 1999).
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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 3-7-5. An arbitration board is created, with three members representing the municipality, three members representing the territory to be annexed, and one independent member selected by the other six.”
Daugherty v. City of Carlsbad, 905 P.2d 1120 (N.M. Ct. App. 1995). · cites it 2× “NMSA 1978, §§ 3-7-5, -12 (Repl. Pamp.1987).”
City of Albuquerque v. State, 2002 NMCA 024 (N.M. Ct. App. 2002). · cites it 3× “are or can be available within a reasonable time to the territory proposed to be annexed.”
City of Albuquerque v. MUN. BOUNDARY COM'N, 41 P.3d 933 (N.M. Ct. App. 2002). · cites it 3× “are or can be available within a reasonable time to the territory proposed to be annexed." Section 3-7-10(A).”
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