New Mexico Administrative Code
Title 2 - PUBLIC FINANCE
Chapter 61 - STATE INDEBTEDNESS AND SECURITIES
Part 9 - DETERMINATIONS OF THE STATE BOARD OF FINANCE
Section 2.61.9.9 - PROCEDURE FOR BOARD DETERMINATION OF GREATER PUBLIC NEED RELATED TO SPECIAL ALTERNATIVE CONDEMNATION PROCEDURE

Universal Citation: 2 NM Admin Code 2.61.9.9

Current through Register Vol. 35, No. 18, September 24, 2024

When state-owned property must be taken and the state defendant in whom title is vested does not concede that the purpose for which the property is sought is the greater public need, the state entity that seeks to take the property may submit the following to the board to request the board to make a determination:

A. A submission from the state entity seeking to take the property that includes:

(1) a cover letter stating the action requested from the board;

(2) a description of its public need for the property, including copies of any master planning documents that require the property to be taken;

(3) a description of the selection process it used to identify the property and describing its efforts to identify other property that would be suitable to meet the public need;

(4) a description of efforts it has made with the state defendant to attempt to resolve the dispute prior to seeking a determination from the board;

(5) documentation to allow verification of the legal description of the property; and

(6) a resolution of the state entity's governing body requesting the board's determination, or a letter from the head of the state entity if such state entity has no governing body.

B. A submission from the state defendant, through the state entity seeking to take the property that includes the following items:

(1) a resolution of the state defendant's governing body stating that it does not concede that the purpose for which the property is sought is the greater public need, or a letter from the head of the state defendant if such state defendant has no governing body;

(2) a description of its public need for the property, including copies of any master planning documents that require the property to be retained; and

(3) a description of its use and maintenance of the property during the past five years.

C. A state defendant that fails to submit these requirements through the state entity seeking to take the property within a reasonable timeframe, in the board's sole discretion, may be found to be nonresponsive and, as a result, the board may make its determination of greater public need in favor of the state entity seeking to take the property.

D. At a regular or special meeting called for this purpose, the board will hear presentations from the state entity seeking to take the property and the state defendant. Following these presentations, the board may ask questions of all persons appearing before it to elicit information it deems necessary to make its determination. The board may then deliberate, make a determination at that time, or make a determination at a later date.

E. The board will announce its determination at a regular or special meeting. Upon announcing its determination, the board will direct the board's staff and counsel to draft a written determination containing findings of fact and citations to the hearing record. The written determination will be approved by the board at a subsequent regular or special meeting.

F. In making its determination, the board may consider the following information contained in the hearing record as a result of written public comment and verbal testimony, as well as any other criteria the board deems relevant in its sole discretion:

(1) the competing public needs for the property demonstrated by the state entity seeking to take the property and by the state defendant, with primary consideration given to public needs it finds are substantially related to public peace, health, safety, welfare, and secondary consideration given to public needs it finds are substantially related to economic development, recreation, speculative, and undefined use;

(2) whether the state entity seeking to take the property made reasonable efforts to identify other properties that would be suitable to meet the public need; and

(3) whether the state defendant has actively used or maintained the property for any purpose during the past five years.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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