New Mexico § 5-8-11 - Collection of fees if services not available
Full text of New Mexico New Mexico Statutes Annotated § 5-8-11 — Collection of fees if services not available, with citation guidance and answers to common questions.
§ 5-8-11. Collection of fees if services not available
Impact fees may be assessed but shall not be collected unless the: A. collection is made to pay for a capital improvement or facility expansion that
has been identified in the capital improvements plan and the municipality or county
commits to complete construction within seven years and to have the service available
within a reasonable period of time after completion of construction considering the
type of capital improvement or facility expansion to be constructed but in no event
longer than seven years; B. municipality or county agrees that the owner of a new development may construct
to adopted municipal or county standards or finance the capital improvements or facility
expansions and agrees that the costs incurred or funds advanced will be credited against
the impact fees otherwise due from the new development or agrees to reimburse the
owner for such costs from impact fees paid from other new developments that will use
such capital improvements or facility expansions, which fees shall be collected and
reimbursed to the property owner of record at the time the plat of the other new development
is recorded; or C. time period set forth in Subsection A of this section can be extended, provided
the municipality or county obtains a performance bond or similar surety securing performance
of the obligation to construct the capital improvements or facility expansions but
in no event longer than seven years from commencement of construction of the capital
improvements or facility expansion for which fees have been collected. The municipality or county shall establish written procedures to ensure that the
owner of a new development shall not lose the value of the credits. Any refund for fees shall be made as provided in Section 17 of the Development Fees
Act.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 5-8-11
What does New Mexico Statutes Annotated § 5-8-11 cover?
Section 5-8-11 ("Collection of fees if services not available") 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 § 5-8-11?
A common citation format is "New Mexico Statutes Annotated § 5-8-11" (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 § 5-8-11 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.