It is unlawful to sell, lease or otherwise convey land within a subdivision before the following conditions have been met:
A. the final plat has been approved by the board of county commissioners and has been filed with the clerk of the county in which the subdivision is located. Where a subdivision lies within more than one county, the final plat shall be approved by the board of county commissioners of each county in which the subdivision is located and shall be filed with the county clerk of each county in which the subdivision is located;
B. the subdivider has furnished the board of county commissioners a sample copy of his sales contracts, leases and any other documents that will be used to convey an interest in the subdivided land; and
C. all corners of all parcels and blocks within a subdivision have been permanently marked with metal stakes in the ground and a reference stake placed beside one corner of each parcel.
History: 1953 Comp., § 70-5-8, enacted by Laws 1973, ch. 348, § 8; 1995, ch. 212, § 8.
ANNOTATIONSThe 1995 amendment, effective July 1, 1996, added "or other conveyance" at the end of the section heading; inserted "or otherwise convey" and "before the following conditions have been met" in the introductory paragraph; substituted "final plat" for "subdivision plat" in two places in Subsection A; in Subsection B, deleted "It is unlawful to sell or lease land in a type-one, type-two or type-four subdivision until" at the beginning and inserted "sample"; deleted "Prior to the sale or lease of any parcel within a type-one, type-two or type-four subdivision by a subdivider in the ordinary course of business" at the beginning in Subsection C; and made related and other stylistic changes.
Individual, sporadic sales of less than five parcels not subdivision. — Sales of individual parcels from large tract, on a sporadic and spontaneous basis, never resulting in a division of the remaining tract into five or more parcels at any given time, is not included in the definition of "subdivision." State ex rel. Anaya v. Select W. Lands, Inc., 1979-NMCA-161, 94 N.M. 555, 613 P.2d 425 (Ct. App. 1979), cert. quashed, 94 N.M. 675, 615 P.2d 992.
Landowner not subject to criminal sanctions. — A landowner would not be subject to criminal sanctions as a subdivider if, over the entire period of his lifetime, he sold off five or more smaller portions of his much larger ranch holdings to neighboring ranchers or to persons seeking isolated retreats, because such an interpretation gives no effect whatever to the exception of retained land from the classification of subdivision lands. State ex rel. Anaya v. Select W. Lands, Inc., 1979-NMCA-161, 94 N.M. 555, 613 P.2d 425 (Ct. App. 1979), cert. quashed, 94 N.M. 675, 615 P.2d 992.
Purpose of subdivision laws in general, and the 1973 New Mexico Subdivision Act in particular, is to guide land development through the power to withhold the privilege of filing subdivision plats and amendments thereto that do not conform to the established and current minimum requirements and standards. 1982 Op. Att'y Gen. No. 82-11.
Law reviews. — For note, "Gabaldon v. Sanchez: New Developments in the Law of Nuisance, Negligence and Trespass," see 9 N.M.L. Rev. 367 (1979).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 83 Am. Jur. 2d Zoning and Planning §§ 529 to 535, 540, 546 to 574, 1026.
Failure of vendor to comply with statute or ordinance requiring approval or recording of plat prior to conveyance of property as rendering sale void or voidable, 77 A.L.R.3d 1058.
62 C.J.S. Municipal Corporations § 83.