N.M. Stat. § 3-7-17.1
Annexation; certain municipalities in class A counties;
procedures; limitations.
A. A petition seeking the annexation of territory contiguous to a municipality located
in a class A county with a population of less than three hundred thousand persons shall
be presented to the city council and be accompanied by a map that shows the external
boundary of the territory proposed to be annexed and the relationship of the territory
proposed to be annexed to the existing boundary of the municipality.
B. If the petition is signed by the owners of a majority of the number of acres in the
contiguous territory:
(1)
the city council shall submit the petition to the board of county
commissioners of the county in which the municipality is located for its review and
comment. Any comments shall be submitted by the board of county commissioners to
the city council within thirty days of receipt; and
(2)
not less than thirty days nor more than sixty days after receiving the
petition, the city council shall by ordinance approve or disapprove the annexation after
considering any comments submitted by the board of county commissioners.
C. Except as provided in Subsection D of this section, if the petition is not signed by
the owners of a majority of the number of acres in the contiguous territory, the
extraterritorial land use commission shall consider the matter and make a
recommendation to the extraterritorial land use authority. The extraterritorial land use
authority shall approve or disapprove the petition. If approved by the extraterritorial land
use authority, the city council may by ordinance approve the annexation.
D. When the nonconsenting property owners' properties are entirely surrounded by
consenting property owners, the city council may approve the annexation without
approval or disapproval of the extraterritorial land use authority.
E. In considering an annexation pursuant to this section, the city council shall
consider the impact of the annexation on existing county contracts and provisions of
services, including fire protection, solid waste collection or water and sewer service, and
may make agreements with the county to continue such services if it is in the interest of
the county, the residents of the proposed annexed area or the municipality.
F. A municipality with a population over two hundred thousand persons and located
in a class A county shall not force a resident or business located in the unincorporated
area of the county to agree to annexation as a condition of extending sewer and water
service to that person or business, if that sewer or water service extension is paid for all
or in part by federal, state or county money. The municipality may make agreement to
annexation a condition of extending sewer and water service if the extension of the
service is paid for entirely with municipal money.