New Mexico § 5-8-40 - Prior impact fees replaced by fees under Development Fees Act
Full text of New Mexico New Mexico Statutes Annotated § 5-8-40 — Prior impact fees replaced by fees under Development Fees Act, with citation guidance and answers to common questions.
§ 5-8-40. Prior impact fees replaced by fees under Development Fees Act
An impact fee that is in place on the effective date of the Development Fees Act shall
be replaced by an impact fee imposed under that act by July 1, 1995. Any municipality or county having an impact fee that has not been replaced under
that act by July 1, 1995 shall be liable to any party who, after the effective date
of that act, pays an impact fee that exceeds the maximum permitted under that act
by more than ten percent for an amount equal to two times the difference between the
maximum impact fee allowed and the actual impact fee imposed, plus reasonable attorneys'
fees and court costs.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 5-8-40
What does New Mexico Statutes Annotated § 5-8-40 cover?
Section 5-8-40 ("Prior impact fees replaced by fees under Development Fees Act") 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 § 5-8-40?
A common citation format is "New Mexico Statutes Annotated § 5-8-40" (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 § 5-8-40 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.