New Mexico Statutes

N.M. Stat. § 4-56-3 (2026)

Authority of board of county commissions [commissioners]

✓ current as of May 2026

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to administer.
    A. The board of county commissioners in any county establishing a system of
collection and disposal of refuse may acquire by purchase, gift, grant, bequest, devise
or through condemnation proceedings, in the manner provided in Sections 42-1-1
through 42-2-21 NMSA 1978, such lands and rights-of-way as are necessary for the
exercise of any authorized function of the county in the collection and disposal of refuse.

    B. The board of county commissioners may execute contracts on behalf of the
county with any municipality or other county for the joint operation of any refuse
collection system and sanitary landfill or other disposal method.
   C. The board of county commissioners may determine that the collection and
disposal of refuse is in the interest of public health, safety and welfare, and regulate
such collection and disposal within the county.

   D. The board of county commissioners may receive all grants or assistance from
and cooperate with county, municipal, state and federal agencies in carrying out the
purpose and function of the collection and disposal of refuse.

    E. If the board of county commissioners has acted under this section to establish
one or more sanitary landfill sites and is regulating the disposal of refuse in the county,
it may establish, assess and collect fees from persons using the refuse disposal sites.

    F. If the board of county commissioners has acted under this section to establish a
system of collection and disposal of refuse and is regulating the collection and disposal
of refuse, it may establish, assess and collect fees from persons who use the disposal
system in order to pay the necessary costs of the refuse collection and disposal system.
Before taking final action on the establishment of a system of fees, the board of county
commissioners shall give at least twenty days' notice of the meeting at which final action
to establish a system of fees is to be taken and shall publish that notice once in a
newspaper of general circulation in the county at least fifteen days prior to the meeting.

   G. The board of county commissioners shall consult with and coordinate solid waste
disposal activities with the local health department.

History: 1953 Comp., § 15-57-3, enacted by Laws 1967, ch. 79, § 3; 1971, ch. 124, § 1.

                                     ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not
part of the law.

Cross references. — For eminent domain and condemnation generally, see N.M.
Const., art. II, § 20 and 42A-1-1 NMSA 1978 et seq.

Compiler's notes. — Sections 42-1-1 through 42-1-39 NMSA 1978 were repealed by
Laws 1981, ch. 125, § 62, and 42-1-40 NMSA 1978 was recompiled as 42A-1-31 NMSA
1978 by Laws 1981, ch. 125, § 60. For present provisions concerning condemnation
proceedings generally, see 42A-1-1 NMSA 1978 et seq.

Notes of Decisions

Cited in 1 case, 2015–2015 · leading case: Greentree Solid Waste Auth. v. Cnty. of Lincoln, 2016 NMCA 5 (N.M. Ct. App. 2015).

Sort: Relevance Newest Treatment

Greentree Solid Waste Auth. v. Cnty. of Lincoln, 2016 NMCA 5 (N.M. Ct. App. 2015). · cites it 3× “” See NMSA 1978, § 3-48-3 (2003); NMSA 1978, § 4-56-3 (1971). Once the County assigned this authority to Greentree under the 1992 joint powers agreement, Greentree’s argument continues, the assignment was binding and precluded the District’s operation of a solid waste system in…”

— N.M. Stat. § 4-56-3(A) — 1 case

Greentree Solid Waste Auth. v. Cnty. of Lincoln, 2016 NMCA 5 (N.M. Ct. App. 2015). “” See NMSA 1978, § 3-48-3 (2003); NMSA 1978, § 4-56-3 (1971). Once the County assigned this authority to Greentree under the 1992 joint powers agreement, Greentree’s argument continues, the assignment was binding and precluded the District’s operation of a solid waste system in…”

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.