N.M. Stat. § 39-3-1 (2026)

History: 1953 Comp., § 14-2-4, enacted by Laws 1965, ch. 300; 1981, ch. 205, § 1;
1985, ch. 208, § 3; 1998, ch. 55, § 3; 1999, ch. 265, § 3; 2013, ch. 120, § 3; 2018, ch.
79, § 44; 2021, ch. 112, § 2.

                                    ANNOTATIONS
Cross references. — For procedures governing administrative appeals to the district
court, see Rule 1-074 NMRA.

The 2021 amendment, effective June 18, 2021, removed provisions requiring a census
in the territory proposed to be incorporated, and required the board of county
commissioners to accept the data provided by the university of New Mexico geospatial
and population studies group regarding whether the territory proposed to be
incorporated contains the necessary population density upon a determination that the
territory proposed to be incorporated is within the urbanized area of another municipality
and in compliance Section 3-2-3 NMSA 1978; in the section heading, after "petition to
act", deleted "census" and added "population data"; in Subsection A, after "revenue
plan", deleted "and the amount of money sufficient to pay the cost of a census"; in
Subsection B, Paragraph B(2), after "county commissioners shall", deleted "cause a
census to be taken of the persons residing within the territory proposed to be
incorporated" and added "accept the data provided by the university of New Mexico
geospatial and population studies group regarding whether or not the territory proposed
to be incorporated contains a population density of not less than one person per acre";
deleted former Subsection C and redesignated former Subsections D through G as
Subsections C through F, respectively; in Subsection C, after "after the date the",
deleted "results of the census" and added "university of New Mexico geospatial and
population studies group data"; and in Subsection D, after "Based on the", deleted
"census results" and added "university of New Mexico geospatial and population studies
group data".

The 2018 amendment, effective July 1, 2018, provided certain requirements regarding
when special elections for the incorporation of a territory as a municipality may be held,
and provided that such elections shall be held pursuant to the provisions of the Local
Election Act; and in Subsection F, added "Special" preceding "elections" in the second
sentence, after "shall be held in", added "June or July in", after "odd-numbered years",
deleted "on the first Tuesday in July or in any year on the first Tuesday in January,
unless that Tuesday is a holiday, in which case the election shall be held on the second
Tuesday in July or the second Tuesday in January" and added "or July or August in
even-numbered years and shall be held pursuant to the provisions of the Local Election
Act".

The 2013 amendment, effective June 14, 2013, required that petitioners present a
municipal services and revenue plan that demonstrates that the services will be
provided and how the services will be paid for; required the board of county
commissioners to consider the municipal incorporation review team’s report; in
Subsection A, in the introductory sentence, after "accompanying map or plat", added
"the municipal services and revenue plan", after "Section 3-1-5 NMSA 1978" added
"shall determine", and after "filing of the petition", deleted "determine"; in Subsection D,
after "the results of the census", added "and the municipal incorporation review team’s
report"; and in Subsection E, at the beginning of the sentence, added "Based on the
census results and the municipal incorporation review team’s report".
The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for
"Section 12-8A-1" in Subsection F.

The 1998 amendment, effective September 1, 1998, in Subsection A, substituted "has"
for "have" and inserted "Section"; in Paragraph A(1), deleted "registered" preceding
"qualified"; in Paragraph A(2), substituted "schedules" for "rolls" and "are" for "is"; in
Paragraph B(2), deleted "that the conditions for incorporation of a municipality",
substituted "and in compliance with" for "as established in", and deleted "have been
met" following "1978"; deleted "the board of county commissioners" in Subsection C;
substituted "determination" for "determinations" in Subsection D; substituted
"municipalities" for "municipalties" in Subsection E; in Subsection F, substituted "a" for
"any" and inserted "pursuant to the provisions of Section 12-8A-1 NMSA 1978"; and
made minor stylistic changes.

Incorporation of urbanized territory. — Where the provisional government of Santa
Teresa (Santa Teresa), a New Mexico non-profit corporation consisting of owners of
land in the Santa Teresa area in Doña Ana county, sought to incorporate the area as a
municipality, separate from neighboring city of Sunland Park (Sunland Park), the district
court erred in affirming the Doña Ana board of county commissioners’ denial of Santa
Teresa’s petition to incorporate based on a determination that 3-2-3(B)(3) NMSA 1978
required Santa Teresa to first submit a formal petition asking Sunland Park to annex the
subject territory, because 3-2-3(B)(3) NMSA 1978 does not require residents of a
territory to first formally petition the existing municipality to annex the territory before
they can file a petition to incorporate as a municipality; such residents may file an
incorporation petition pursuant to 3-2-1 NMSA 1978 and 3-2-5 NMSA 1978 if the
municipality informally proposes to consider or otherwise expresses an interest in
annexing the territory, short of actually initiating formal annexation proceedings.
Provisional Gov’t of Santa Teresa v. Doña Ana Cnty. Bd. of Comm’rs, 2018-NMCA-070,
cert. granted.

Common-law dedication permitted. — A common-law dedication may still be
effectively made, as the prescribed statutory method of doing so is not exclusive, so that
an oral acceptance by the county commissioners plus public enjoyment of the property
for 10 years or more satisfies the requirements of a common-law dedication. 1947 Op.
Att'y Gen. No. 47-5024.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 62 C.J.S. Municipal Corporations § 25.