Definitions.

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As used in the Municipal Charter Act, "municipality" means any incorporated city, town, village or county, whether incorporated under general act, special act or constitutional provision.

History: 1953 Comp., § 14-14-1.2, enacted by Laws 1971, ch. 118, § 3.

ANNOTATIONS

"Incorporated county" construed. — The Municipal Charter Act is specific in its use of the term "incorporated county" in its definition of "municipality" for home rule charter, indicating that the legislature intended to include as "incorporated counties" only counties organized as full-fledged corporations. Einer v. Rivera, 2015-NMCA-045, cert. denied, 2015-NMCERT-003.

Where petitioner sought to have the San Miguel county commission appoint a charter commission providing for "home rule" government of the county, San Miguel county is not an incorporated county under the Municipal Charter Act, and therefore San Miguel county does not fall within the definition of "municipality" and is not entitled to home rule charter. Einer v. Rivera, 2015-NMCA-045, cert. denied, 2015-NMCERT-003.


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