New Mexico Statutes

N.M. Stat. § 4-52-11 (2026)

Powers.

✓ current as of May 2026
Find cases: SyfertCases citing this section NM-LEGnmonesource.com JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
The board of county commissioners has power to:

   A. establish and fill a position of manager to manage and supervise the manner of
storage, collection and disposal of refuse, and fix the compensation attached to the
position, or may authorize and direct an administrative official of the county to assume
the functions of the manager;

   B. provide for employment of personnel to operate and manage facilities for the
storage, collection and disposal of refuse within the district;

    C. execute contracts on behalf of the district with any firm, corporation or individual
to provide for collection and disposal of refuse within the district;

    D. execute contracts on behalf of the district with any incorporated village, town, city
or other district for the joint operation of any refuse collection system and any sanitary
landfill or other disposal method acceptable to the environmental improvement division
of the health and environment department [department of environment] for the disposal
of refuse;

   E. determine that collection and disposal of refuse is in the interest of public health,
safety and welfare, and regulate collection and disposal within the district;

    F. by district ordinance, adopt on behalf of the district such schedules, rules and
regulations and service charge rates imposed upon users as may be necessary for the
orderly collection of refuse from the district and for maintenance and operation of
sanitary landfills or other satisfactory disposal methods. The board shall, prior to
adoption of rules and regulations, obtain approval from the environmental improvement
division;

   G. acquire by purchase, gift, grant, bequest, devise or through condemnation
proceedings, in the manner provided in the Eminent Domain Code [42A-1-1 to 42A-1-33
NMSA 1978], such property, rights-of-way or equipment as is necessary for exercise of
any authorized function of the district;

   H. plan, construct, improve, operate and maintain such structures as may be
necessary for performance of any function authorized by the Refuse Disposal Act; and

   I. receive all grants or assistance from and cooperate with county, municipal, state
and federal agencies in carrying out the purpose of the Refuse Disposal Act.

History: 1953 Comp., § 15-52-11, enacted by Laws 1959, ch. 194, § 11; 1981, ch. 125,
§ 45.

                                      ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not
part of the law. Laws 1991, ch. 25, § 4 established the department of environment and
provided that all references to the environmental improvement division of the health and
environment department shall be construed to mean the department of environment.

Cross references. — For eminent domain and condemnation generally, see N.M.
Const., art. II, § 20 and 42A-1-1 NMSA 1978 et seq.
Notes of Decisions
Cited in 1 case, 2015–2015 · leading case: SWEPI, LP v. Mora Cnty., 81 F. Supp. 3d 1075 (D.N.M. 2015).
SWEPI, LP v. Mora Cnty., 81 F. Supp. 3d 1075 (D.N.M. 2015). · cites it 4× “” N.M. Stat. Ann. § 4-52-11 . Additionally, New Mexico counties have broad authority to provide for its residents’ safety, health, and prosperity.”
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.