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Section 3-20-2 - Subdivision; description.

NM Stat § 3-20-2 (2019) (N/A)
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Every person who desires to subdivide land shall furnish a plat of the proposed subdivision, prepared by a registered, licensed surveyor of New Mexico; except that the resubdivision of platted tracts, which are less than one acre and which are contiguous with each other, for the purpose of increasing or reducing the size of such contiguous tracts, but not less than the minimum standard size required by the political subdivision, shall not require the furnishing of a plat of the proposed resubdivision, provided that a certificate of survey setting forth the legal description of tracts resulting from such resubdivision shall be filed with the municipal planning commission, the county clerk and the county assessor of that county in which the resubdivision is situated, and such filing shall be considered as a rededication of said described lots in all respects. The plat shall refer to permanent monuments and shall accurately describe each lot, number each lot in progression, give its dimensions and the dimensions of all land dedicated for public use or for the use of the owners of lots fronting or adjacent to the land. Descriptions of the lots by number and plat designation are valid in conveyances and for the purpose of taxation.

History: 1953 Comp., § 14-19-2, enacted by Laws 1965, ch. 300; 1969, ch. 141, § 1.

Cross references. — For record of survey requirements, see 61-23-28.2 NMSA 1978.

Resubdivision limited. — This section does not authorize a resubdivision, without municipal approval, that results in an increased number of lots within the subdivision. The section's scope is limited to resubdivisions that only adjust lot lines within the subdivision without increasing the number of lots. 1988 Op. Att'y Gen. No. 88-08.

Law reviews. — For comment, "Regional Planning - Subdivision Control - New Mexico's New Municipal Code," see 6 Nat. Resources J. 135 (1966).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 62 C.J.S. Municipal Corporations § 76.

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Section 3-20-2 - Subdivision; description.