New Mexico Administrative Code
Title 4 - CULTURAL RESOURCES
Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION
Part 18 - STATE REGISTER OF CULTURAL PROPERTIES
Section 4.10.18.9 - PUBLIC NOTICE FOR CULTURAL PROPERTIES WITH MULTIPLE OWNERS

A. The SHPO shall provide written notice to the applicant, the chief elected local official, and the owners of the cultural property, including private property owners within the district or site, setting forth the date, time and place of the CPRC meeting at which a nomination will be considered. The written notice will be mailed at least 30 days before the CPRC meeting. The notice will be sent by first class mail to the last known address as recorded by the county clerk's office. Everyone present at the meeting will have the opportunity to be heard and present evidence. The owners will be invited to provide written comments prior to the meeting and may concur or object in writing to the nomination of the cultural property.

B. The SHPO may provide general notice for a nomination where 50 or more owners' names appear on the county clerk's records. The general notice shall be published twice in one or more newspapers of general circulation in the state and in the area of the nomination. The first publication will occur at least 30 days before the CPRC meeting. The notice will be posted on the HPD website at least 30 days before the CPRC meeting to allow for the submission of written comments. The notice will advise the owners of the date, time and place of the CPRC meeting, the right to submit written comments and concur or object in writing to the nomination, and the right to attend the meeting and present evidence. In addition, the SHPO may hold a public information meeting in the area of the nomination prior to the CPRC meeting. The notice for the information meeting will be published twice, in one or more newspapers of general circulation in the state and in the area of the nomination. The first publication and the posting of the notice on the HPD website will occur at least 14 days before the public information meeting.

C. For multiple resource and thematic submissions, each structure, building, site, place, district or object included in the submission, is treated as a separate nomination to notify and provide owners the opportunity to concur or object in writing to the nomination in accordance with this section.

D. Upon notification, any owner of a private property who wishes to object to the registration and listing shall submit to the SHPO a notarized statement certifying that he is the sole or partial owner of the private property and shall provide the reason for the objection on or before the date specified in the published notice. In nominations with multiple owners, the property will not be listed if a majority of the owners object to the listing. The SHPO will ascertain whether a majority of the private property owners have submitted notarized objections. For purposes of this subsection, any private property owner or part owner in a district or site has one vote whether or not the property contributes to the significance of the district or site.