N.M. Stat. » Chapter 44 — Miscellaneous Civil Law Matters
New Mexico Statutes

N.M. Stat. § 44-6-4 (2026)

Power to construe

✓ laws through the 2025 session (retrieved May 2026)
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Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.

History: 1953 Comp., § 22-6-7, enacted by Laws 1975, ch. 340, § 4.

ANNOTATIONS

Action to declare rights under the Property Tax Code. — A claim seeking to invalidate a tax sale due to inadequacy of price may be directed solely at the third-party purchasers of the property. Valenzuela v. Snyder, 2014-NMCA-061, cert. granted, 2014-NMCERT-005.

Where plaintiffs owed delinquent property taxes; the department sold the property at auction; the department established the minimum bid as $215; the fair market value of the property was at least $25,000; the buyers of the property, who were the only bidders, paid $215 for the property; the department issued a tax deed to the buyers; and plaintiffs filed suit against the buyers to set aside the sale, the suit against the buyers was permissible. Valenzuela v. Snyder, 2014-NMCA-061, cert. granted, 2014- NMCERT-005.

Challenges to administrative entity’s authority to act. — A declaratory judgment action challenging an administrative entity’s authority to act ordinarily should be limited to purely legal issues that do not require fact-finding by the administrative entity. Smith v. City of Santa Fe, 2007-NMCA-055, 142 N.M. 786, 171 P.3d 300.

Action alleging proposed expenditure unconstitutional not premature. — Because the bond issue money has not been raised, nor spent, does not make this a premature suit for declaratory judgment, seeking a declaration that proposed expenditure of money was unconstitutional. Gomez v. Board of Educ., 1971-NMCA-148, 83 N.M. 207, 490 P.2d 465 (decided under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 22A Am. Jur. 2d Declaratory Judgments §§ 68 to 86.

Determination of constitutionality of statute or ordinance, or proposed statute or ordinance, as proper subject of judicial decision under Declaratory Judgment Act, 114 A.L.R. 1361.

Application of Declaratory Judgment Act to questions in respect of contracts or alleged contracts, 162 A.L.R. 756.

Interest necessary to maintenance of declaratory determination of validity of statute or ordinance, 174 A.L.R. 549.

"Actual controversy" under declaratory judgment statute in zoning and building restriction cases, 174 A.L.R. 853.

Tax questions as proper subject of action for declaratory judgment, 11 A.L.R.2d 359.

Validity, construction and application of criminal statutes or ordinances as proper subject for declaratory judgment, 10 A.L.R.3d 727.

26 C.J.S. Declaratory Judgments §§ 44 to 52.

Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1993–2021 · leading case: AFSCME v. Bd. of Cty. Comm'rs of Bernalillo Cty., 2016-NMSC-017.
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AFSCME v. Bd. of Cty. Comm'rs of Bernalillo Cty., 2016-NMSC-017. · cites it 4× “may have determined any question of construction or validity arising under the . . . statute, [or] ordinance .”
Valenzuela v. Snyder, 2014-NMCA-061, 6 N.M. 150. · cites it 12× “The Valenzuelas correctly note that NMSA 1978, Section 44-6-4 (1975) of our Declaratory Judgment Act (the Act), NMSA 1978, §§ 44-6-1 to -15 (1975), provides that “[a]ny person interested under a deed .”
Smith v. City of Santa Fe, 2007-NMSC-055, 171 P.3d 300. · cites it 2× “Such jurisdiction is provided in NMSA 1978, Section 44-6-4 (1975), which provides that “[a]ny person .”
State ex rel. Enmu Regents v. Baca, 189 P.3d 663 (N.M. 2008). · cites it 4× “Smith involved two separate groups of plaintiffs who filed declaratory judgment actions challenging the legality of a city ordinance addressing well-drilling, the type of purely legal question specifically permitted under NMSA 1978, Section 44-6-4 (1975) of the Declaratory…”
Gzaskow v. Pub. Employees Ret. Bd., 2017-NMCA-064. · cites it 3× “The court noted in particular that, pursuant to Section 44-6-4, the Declaratory Judgment Act specifically authorizes district courts to construe and determine the validity of statutes and local laws.”
Horne v. Los Alamos Nat'l Sec., L.L.C., 2013-NMSC-004, 296 P.3d 478. · cites it 2× “We do, however, recognize that under New Mexico’s Uniform Arbitration Act, a court’s ability to grant provisional remedies is limited once an arbitrator is appointed and authorized to act.”
New Energy Econ., Inc. v. Shoobridge, 2010-NMSC-049, 243 P.3d 746. · cites it 2× “” NMSA 1978, § 44-6-4 (1975). We also implicitly recognized that the Legislature has frequently delegated to administrative agencies the authority to resolve disputes involving its expertise arising under specific statutes and regulations.”
State ex rel. Regents of E. New Mexico Univ. v. Baca, 2008-NMSC-047, 144 N.M. 530. · cites it 2× “Smith involved two separate groups of plaintiffs who filed declaratory judgment actions challenging the legality of a city ordinance addressing well-drilling, the type of purely legal question specifically permitted under NMSA 1978, Section 44-6-4 (1975) of the Declaratory…”
Rainaldi v. Pub. Employees Ret. Bd., 857 P.2d 761 (N.M. 1993). · cites it 2× “Section 44-6-4 provides that “[a]ny person .”
In re the Est. of Sumler, 2003-NMCA-030, 62 P.3d 776. · cites it 2× “2d 883 (1985), we see no reason why a petition for appointment of a Section 41-2-3 personal representative may not be brought with the wrongful death action itself, see Rules 1-002 and 1-018(A) NMRA 2002; NMSA 1978, § 44-6-4 (1975), assuming that all necessary parties, NMSA…”
Smith v. City of Santa Fe, 2006-NMCA-048, 133 P.3d 866. · cites it 2× “"); NMSA 1978, § 44-6-4 (1975) ("Any person .”
Am. Fed'n of State v. Bd. of Cnty. Commissioners, 2016-NMSC-017, 9 N.M. 751. · cites it 4× “may have determined any question of construction or validity arising under the . . . statute, [or] ordinance .”
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