Filing with county clerk; duties of county clerk.

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

The county clerk shall not accept for filing any final plat subject to the New Mexico Subdivision Act that has not been approved as provided in the New Mexico Subdivision Act. Whenever separate documents are to be recorded concurrently with the final plat, the county clerk shall cross-reference such documents. Preliminary plats shall not be filed with the county clerk.

History: 1953 Comp., § 70-5-6, enacted by Laws 1973, ch. 348, § 6; 1979, ch. 172, § 2; 1995, ch. 212, § 6.

ANNOTATIONS

The 1995 amendment, effective July 1, 1996, rewrote the section to such an extent that a detailed comparison would be impracticable.

Duties of clerk. — A county clerk's authority to conduct a substantive review of the contents of a survey plat is limited to the threshold question of whether a plat accomplishes a subdivision of land. Valdez v. Vigil, 2007-NMCA-031, 141 N.M. 316, 154 P.3d 691, cert. denied, 2006-NMCERT-011, 140 N.M. 846, 149 P.3d 943.

Law reviews. — For note, "Definitional Loopholes Limit New Mexico Counties' Authority to Regulate Subdivisions," see 24 Nat. Res. J. 1083 (1984).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 23 Am. Jur. 2d Dedication §§ 26, 27, 37, 38, 40.

26 C.J.S. Dedication § 22.


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