New Mexico Administrative Code
Title 4 - CULTURAL RESOURCES
Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION
Part 18 - STATE REGISTER OF CULTURAL PROPERTIES
Section 4.10.18.12 - EMERGENCY CLASSIFICATION PENDING INVESTIGATION

A cultural property the CPRC considers worthy of preservation may be included in the state register on a temporary basis not to exceed one year from the date of the emergency classification as provided in Section 18-6-12. If the cultural property is on private land, the temporary classification shall not be considered a taking of private property, but the owner may receive a fair rental value for the part of the land affected if the temporary classification unduly interferes with the owner's normal use of the land. The CPRC makes all emergency classification decisions at an open meeting following procedures in 4.10.3 NMAC. The CPRC shall issue a registration order to the SHPO and the SHPO shall notify the owner immediately of the CPRC's action. During the one year period, the CPRC shall investigate the property to determine whether the property should be listed permanently in the state register. The CPRC's investigation may be conducted with the assistance of the SHPO and others including but not limited to the owner, interested members of the public and preservation professionals. If the CPRC does not make a decision to list the property within one year from the date of the emergency classification, the property may not be reconsidered by the CPRC for five years.