N.M. Stat. » N.M. Stat. / Chapter 7 / Article 36
New Mexico Statutes

N.M. Stat. § 7-36-2.1 (2026)

Classification of property.

✓ current as of May 2026
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A. Property subject to valuation for property taxation purposes shall be classified as
either residential property or nonresidential property.

   B. The department by regulation, ruling, order or other directive shall provide for the
implementation of a classification system and shall include a method for apportioning
the value of multiple-use properties between residential and nonresidential components.

History: 1978 Comp., § 7-36-2.1, enacted by Laws 1981, ch. 37, § 63; 1995, ch. 12, §
7.

                                     ANNOTATIONS

Cross references. — For general methods of valuation of property, see 7-36-15 NMSA
1978.

For limitations on tax rates on residential property, see 7-37-7.1 NMSA 1978.

For presumption of nonresidential classification, see 7-38-17.1 NMSA 1978.
The 1995 amendment, effective June 16, 1995, substituted "department" for "division"
and made a minor stylistic change in Subsection B.
Notes of Decisions
Cited in 4 cases, 2012–2017 · leading case: Zhao v. Montoya, 2012 NMCA 056 (N.M. Ct. App. 2012).
Sort: Relevance Newest Treatment
Zhao v. Montoya, 2012 NMCA 056 (N.M. Ct. App. 2012). · cites it 2× “What are we to understand from Article VIII, Section l(A)’s “Except as provided in Subsection [(B)] of this section” preface? Are we to understand that Subsection 1(A) says that Subsection (B) controls even if taxes are not equal and uniform upon residential property? Do we…”
Cable One, Inc. v. N.M. Taxation & Revenue Dep't, 412 P.3d 1121 (N.M. Ct. App. 2017). “1(A) (providing that "[p]roperty subject to valuation for property taxation purposes shall be classified as either residential property or nonresidential property"); § 7-36-20 (providing a special method of valuation for "land used primarily for agricultural purposes"); §…”
Cable One, Inc. v. N.M. Taxation & Revenue Dep't, 2018 NMCA 17 (N.M. Ct. App. 2017). “VIII, § 3 (exempting from taxation certain classes of property, including “all church property not used for commercial purposes, all property used for educational or charitable purposes, [and] all cemeteries not used or held for private or corporate profit” (emphases 7 added));…”
Zhao v. Montoya, 2012 NMCA 56 (N.M. Ct. App. 2012). · cites it 2× “What are we to understand from Article VIII, Section 1(A)’s “Except as provided in Subsection [(B)] of this section” preface? Are we to understand that Subsection 1(A) says that Subsection (B) controls even if taxes are not equal and uniform upon residential property? Do we…”
N.M. Stat. § 7-36-2.1(A): 4 cases
Zhao v. Montoya, 2012 NMCA 056 (N.M. Ct. App. 2012). “What are we to understand from Article VIII, Section l(A)’s “Except as provided in Subsection [(B)] of this section” preface? Are we to understand that Subsection 1(A) says that Subsection (B) controls even if taxes are not equal and uniform upon residential property? Do we…”
Cable One, Inc. v. N.M. Taxation & Revenue Dep't, 412 P.3d 1121 (N.M. Ct. App. 2017). “1(A) (providing that "[p]roperty subject to valuation for property taxation purposes shall be classified as either residential property or nonresidential property"); § 7-36-20 (providing a special method of valuation for "land used primarily for agricultural purposes"); §…”
Cable One, Inc. v. N.M. Taxation & Revenue Dep't, 2018 NMCA 17 (N.M. Ct. App. 2017). “VIII, § 3 (exempting from taxation certain classes of property, including “all church property not used for commercial purposes, all property used for educational or charitable purposes, [and] all cemeteries not used or held for private or corporate profit” (emphases 7 added));…”
Zhao v. Montoya, 2012 NMCA 56 (N.M. Ct. App. 2012). “What are we to understand from Article VIII, Section 1(A)’s “Except as provided in Subsection [(B)] of this section” preface? Are we to understand that Subsection 1(A) says that Subsection (B) controls even if taxes are not equal and uniform upon residential property? Do we…”
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