A. A territory proposed to be incorporated as a municipality shall:

(1) not be within the boundary of another municipality;

(2) have a population density of not less than one person per acre, except for a class B county with a net taxable value of property for property tax purposes in 1990 of over ninety-five million dollars ($95,000,000) and a population of less than ten thousand according to the 1990 federal decennial census and where the population density of the territory proposed to be incorporated is not less than one person per four acres;

(3) contain not less than one hundred fifty persons; and

(4) contain a sufficient assessed value of real property and a sufficient number of businesses so that the proposed municipality will contain a sufficient tax base to enable it to provide a clerk-treasurer, a police officer and office space for the municipal government within one year of incorporation.

B. In the alternative to the requirements of Paragraph (2) of Subsection A of this section, a territory proposed to be incorporated as a municipality shall:

(1) contain within its boundaries a resort area having more than fifty thousand visitors a year; and

(2) have more than one hundred fifty single-family residences, as shown by the property tax rolls.

History: 1953 Comp., § 14-2-2, enacted by Laws 1965, ch. 300; 1991, ch. 56, § 1; 1995, ch. 108, § 1; 1999, ch. 136, § 1; 2013, ch. 120, § 2.

The 2013 amendment, effective June 14, 2013, made grammatical changes in the introductory sentences in in Subsections A and B.

The 1999 amendment, effective June 18, 1999, added Subsection A(4).

The 1995 amendment, effective June 16, 1995, designated the introductory provisions as Subsection A, redesignated former Subsections A through C as Paragraphs (1) through (3) of Subsection A, added Subsection B, and made a minor stylistic change in Paragraph (2) of Subsection A.

The 1991 amendment, effective June 14, 1991, in Subsection B, added the language beginning with "except for a class B county".

Applicability. — This section merely sets out the characteristics required of any territory proposed to be incorporated; it does not address the incorporation proceedings themselves. Citizens for Incorporation, Inc. v. Board of County Comm'rs, 1993-NMCA-069, 115 N.M. 710, 858 P.2d 86, cert. denied, 115 N.M. 602, 856 P.2d 250.

Law reviews. — For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 39 to 43.