Suspension of right of sale.

Checkout our iOS App for a better way to browser and research.

The board of county commissioners may suspend or revoke approval of a plat as to the unsold, unleased or otherwise unconveyed portions of a subdivider's plat if the subdivider does not meet the schedule of compliance approved by the board.

History: 1953 Comp., § 70-5-25, enacted by Laws 1973, ch. 348, § 25; 1995, ch. 212, § 26.

ANNOTATIONS

The 1995 amendment, effective July 1, 1996, inserted "or otherwise unconveyed".

Failure to comply with conditions of plat approval. — The board of county commissioners had authority to revoke plat approval when the owners of the property failed to comply with the conditions of final approval for a period of eighteen years after final approval. Miller v. Board of Cnty. Comm'rs, 2008-NMCA-124, 144 N.M. 841, 192 P.3d 1218, cert. denied, 2008-NMCERT-008, 145 N.M. 254, 195 P.3d 1266.

Effect of noncompliance with plat approval prerequisites. — Where the subdivider fails to meet the conditions he agreed to accomplish and which were required by the county as a prerequisite to plat approval, suspension or revocation of plat approval remain realities for the developer until the subdivider complies with the reasonable conditions imposed by the county within its authority. Parker v. Bd. of Cnty. Comm'rs, 1979-NMSC-101, 93 N.M. 641, 603 P.2d 1098.

Law reviews. — For note, "State Securities Law: A Valuable Tool for Regulating Investment Land Sales," see 7 N.M.L. Rev. 265 (1977).


Download our app to see the most-to-date content.