New Mexico § 5-8-17 - Refunds

Full text of New Mexico New Mexico Statutes Annotated § 5-8-17 — Refunds, with citation guidance and answers to common questions.

§ 5-8-17. Refunds

A. Upon the request of an owner of the property on which an impact fee has been paid,

the municipality or county shall refund the impact fee if existing facilities are

available and service is not provided or the municipality or county has, after collecting

the fee when service was not available, failed to complete construction within the

time allowed under Section 11 of the Development Fees Act or service is not 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

later than seven years from the date of payment under Subsection A of Section 11 of

the Development Fees Act. B. Upon completion of the capital improvements or facility expansions identified in

the capital improvements plan, the municipality or county shall recalculate the impact

fee using the actual costs of the capital improvements or facility expansion. If the impact fee calculated based on actual costs is less than the impact fee paid,

including any sources of funding not anticipated in the capital improvements plan,

the municipality or county shall refund the difference if the difference exceeds the

impact fee paid by more than ten percent, based upon actual costs. C. The municipality or county shall refund any impact fee or part of it that is not

spent as authorized by the Development Fees Act within seven years after the date

of payment. D. A refund shall bear interest calculated from the date of collection to the date

of refund at the statutory rate as set forth in Section 56-8-3 NMSA 1978 . E. All refunds shall be made to the record owner of the property at the time the refund

is paid. However, if the impact fees were paid by a governmental entity, payment shall be

made to the governmental entity. F. The owner of the property on which an impact fee has been paid or a governmental

entity that has paid the impact fee has standing to sue for a refund under this section.

Frequently Asked Questions About New Mexico § 5-8-17

What does New Mexico Statutes Annotated § 5-8-17 cover?

Section 5-8-17 ("Refunds") 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 § 5-8-17?

A common citation format is "New Mexico Statutes Annotated § 5-8-17" (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 § 5-8-17 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.