In addition to the powers that it may now have, the New Mexico state fair shall have power to:

A. acquire, by purchase, gift or the exercise of the right of eminent domain, and hold and dispose of real or personal property or rights or interests therein except as limited by Section 13-6-2.1 NMSA 1978, which provisions requiring state board of finance approval of certain actions are applicable to the state fair. The right of eminent domain shall be exercised in the same manner as is provided for the exercise of such power by the state or any county, municipality or school district;

B. build, construct, improve, repair or maintain buildings, structures, improvements, grounds and equipment that may be required by or convenient for the purpose of operating a state fair;

C. acquire any project and to own, operate and maintain such project;

D. accept grants of money, materials or property of any kind from a federal agency upon such terms and conditions as the federal agency may impose;

E. borrow money and issue bonds and provide for the payment of the same and for the rights of the holders thereof; provided that the commission shall not issue bonds, negotiate loans or renegotiate loans without the prior approval of the state board of finance; and

F. perform all acts and do all things necessary or convenient to carry out the powers granted in Chapter 16, Article 6 NMSA 1978, or heretofore granted, to obtain loans or grants or both from any federal agency and to accomplish the purposes of that article and secure the benefits of the Recovery Act.

History: Laws 1935, ch. 69, § 3; 1941 Comp., § 48-2114; 1953 Comp., § 45-20-14; Laws 1975, ch. 108, § 2; 1989, ch. 380, § 4; 2004, ch. 119, § 1; 2019, ch. 82, § 2.

The 2019 amendment, effective June 14, 2019, provided the statutory citation for Chapter 16, Article 6 NMSA 1978; redesignated Subsections D through G as Subsections C through F, respectively; and in Subsection F, after "granted in", deleted "this" and added "Chapter 16", and after "Article", added "6 NMSA 1978".

The 2004 amendment, effective May 19, 2004, amended Subsection A to delete after "eminent domain" "whenever sought to be exercised under the provisions of this article" and deleted after "as is" "now or may hereafter be".

The 1989 amendment, effective June 16, 1989, substituted the present catchline for "Powers additional to the powers granted by Sections 45-20-1 through 45-20-8, 45-20-10 and 45-20-11 NMSA 1953"; in Subsection A added all of the language of the first sentence beginning with "except" and substituted "this article" for "this act" in the second sentence; substituted "this article" for "this act" in Subsection F; and made minor stylistic changes throughout the section.

State fair commission need not advertise nor invite bids from prospective concessionaires but may negotiate the award of a concession contract; provided, however, the commission obtains fair market value in exchange for the concessionaire's right to do business on the state fairgrounds. 1980 Op. Att'y Gen. No. 80-07.

Commission may choose any reasonable method of making services available. — The commission may choose any reasonable method it deems appropriate and expedient to ensure the availability of food and beverage services to the general public attending functions at the state fair or on the state fairgrounds. 1980 Op. Att'y Gen. No. 80-07.