New Mexico § 67-4-20 - Local county roads; assessment for maintenance; lien

§ 67-4-20. Local county roads; assessment for maintenance; lien

A. Any board of county commissioners may adopt a resolution determining that any streets

totally within a subdivided area approved by the county commission, outside the corporate

limits of any municipality, and which the board determines to have such a prospective

population density as to require extraordinary street maintenance shall be maintained

in part at the expense of the owner of any property which abuts upon the streets. The resolution shall only be adopted after a public hearing, notice of which has

been advertised in a newspaper of general circulation within the county for two consecutive

weeks, the first such advertisement being at least ten days prior to the date of hearing. In the resolution, the board of county commissioners shall determine: (1) the expense of maintaining the streets; (2) the proportion of the expense to be borne by the property which abuts the streets; (3) the charge to be assessed against each lineal foot of frontage of the abutting

property which shall not exceed one-half of the average cost per lineal foot of county

road maintenance for the prior fiscal year nor be less than one dollar ($1.00) for

each assessment billing; and (4) the assessment, on an equitable basis, of each parcel or tract within the subdivided

area according to its proportionate share of the expense of maintaining the streets. As used in this paragraph, “equitable basis” includes an assessment based on a front-foot,

improved or unimproved property, zone or area basis or an assessed valuation basis

where each tract or parcel bears the same percentage of total costs as the percentage

that the tract's or parcel's assessed value bears to the total assessed value of the

property included in the improvement district. B. The assessment for the expense of maintaining the streets shall be billed and collected

by the county treasurer at the same time as the property taxes and shall become delinquent

thirty days after the date of billing. All delinquent assessments shall be a lien against the tract or parcel of property

abutting the street, and the lien shall be enforced as provided in Section 67-4-21 NMSA 1978 . C. As used in this section, the term “streets” shall include both improved and unimproved

streets, roads, thoroughfares, curbs, divider strips and median strips or any combination

of the foregoing.