New Mexico § 5-8-43 - Purpose; transfer of development rights

Full text of New Mexico New Mexico Statutes Annotated § 5-8-43 — Purpose; transfer of development rights, with citation guidance and answers to common questions.

§ 5-8-43. Purpose; transfer of development rights

A. The purpose of this section is to: (1) clarify an application of existing authority; (2) provide guidelines for counties and municipalities to regulate transfers of development

rights consistent with comprehensive plans; (3) encourage the conservation of ecological, agricultural and historical land; and (4) require public notification of transfers of development rights. B. A municipality or county may, by ordinance, provide for voluntary transfer of all

or partial development rights from one parcel of land to another parcel of land. C. The ordinance shall identify on a zoning map areas from which development rights

may be transferred and areas to which development rights may be transferred. D. The ordinance shall provide for: (1) the voluntary transfer of a development right from one parcel of land to increase

the intensity of development of another parcel of land; (2) joint powers agreements, if applicable, for administration of transfers of development

rights across jurisdictional boundaries; (3) the method of transfer of development rights, including methods of determining

the accounting for the rights transferred; (4) the reasonable rules to effect and control transfers and ensure compliance with

the provisions of the ordinance; and (5) public notification to the areas to which development rights may be transferred. E. Transference of a development right shall be in writing and executed by the owner

of the parcel from which the development right is being transferred and acknowledged

by the transferor. A development right shall not be subject to condemnation. F. As used in this section, “ development right ” means the rights permitted to a lot, parcel or area of land under a zoning ordinance

or local law respecting permissible use, area, density or height of improvements executed

thereon, and development rights may be calculated and allocated in accordance with

density or height limitations or any criteria that will effectively quantify a development

right in a reasonable and uniform manner. G. Nothing in this section shall be construed to authorize a municipality or a county

to impair existing property rights.

Source: official New Mexico text · Last verified 2026-08-27

Frequently Asked Questions About New Mexico § 5-8-43

What does New Mexico Statutes Annotated § 5-8-43 cover?

Section 5-8-43 ("Purpose; transfer of development rights") 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 § 5-8-43?

A common citation format is "New Mexico Statutes Annotated § 5-8-43" (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 § 5-8-43 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.