New Mexico § 3-2-3 - Urbanized territory; incorporation limited within urbanized territory
Full text of New Mexico New Mexico Statutes Annotated § 3-2-3 — Urbanized territory; incorporation limited within urbanized territory, with citation guidance and answers to common questions.
§ 3-2-3. Urbanized territory; incorporation limited within urbanized territory
A. Urbanized territory is that territory within the same county and within five miles
of the boundary of any municipality having a population of five thousand or more persons
and that territory within the same county and within three miles of a municipality
having a population of less than five thousand persons, except that territory in a
county declared by an ordinance of the board of county commissioners to be a traditional
historic community shall not be considered urbanized territory and shall not be annexed
by a municipality unless it is considered for annexation pursuant to a petition requesting
annexation signed by a majority of the qualified electors within the traditional historic
community. B. No territory within an urbanized territory shall be incorporated as a municipality
unless the: (1) municipality or municipalities causing the urbanized territory approve, by resolution,
the incorporation of the territory as a municipality; (2) residents of the territory proposed to be incorporated have filed with the municipality
a valid petition to annex the territory proposed to be incorporated and the municipality
fails, within one hundred twenty days after the filing of the annexation petition,
to annex the territory proposed to be incorporated; or (3) residents of the territory proposed to be annexed conclusively prove that the
municipality is unable to provide municipal services within the territory proposed
to be incorporated within the same period of time that the proposed municipality could
provide municipal service. C. A traditional historic community may become incorporated even though it is located
within what is defined as urbanized territory pursuant to Subsection A of this section,
by following the procedures set forth in Sections 3-2-5 through 3-2-9 NMSA 1978 .
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 3-2-3
What does New Mexico Statutes Annotated § 3-2-3 cover?
Section 3-2-3 ("Urbanized territory; incorporation limited within urbanized territory") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 3-2-3?
A common citation format is "New Mexico Statutes Annotated § 3-2-3" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 3-2-3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.