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Section 3-60A-2 - Findings and declarations of necessity.

NM Stat § 3-60A-2 (2019) (N/A)
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A. It is found and declared that there exist in the state slum areas and blighted areas that constitute a serious and growing menace, injurious to the public health, safety, morals and welfare of the residents of the state; that the existence of these areas contributes substantially to the spread of disease and crime, constitutes an economic and social burden, substantially impairs or arrests the sound and orderly development of many areas of the state and retards the maintenance and expansion of necessary housing accommodations; that economic and commercial activities are lessened in those areas by the slum or blighted conditions, and the effects of these conditions include less employment in the area, lower property values, less gross receipts tax revenue and reduced use of buildings, residential dwellings and other facilities in the area; that the prevention and elimination of slum areas and blighted areas and the prevention and elimination of conditions that impair sound and orderly development is a matter of state policy and concern in order that the state shall not continue to be endangered by these areas that contribute little to the tax income of the state and its local governments and that consume an excessive proportion of its revenues because of the extra services required for police, fire, accident, hospitalization or other forms of public protection, services and facilities.

B. Certain slum areas and blighted areas or portions thereof may require land acquisition and clearance by local government, since prevailing conditions may make impracticable their reclamation or development; other areas or portions of the slum or blighted area may be suitable for conservation or rehabilitation efforts and the conditions and evils enumerated in Subsection A of this section may be eliminated, remedied or prevented by those efforts; and to the extent feasible, salvageable slum and blighted areas should be conserved and rehabilitated through voluntary action and the regulatory process and, when necessary, by government assistance.

C. The powers conferred by the Metropolitan Redevelopment Code [Chapter 3, Article 60A NMSA 1978] regarding the use of public money are for public uses or purposes for which public money may be expended. The individual benefits accruing to persons as the result of the powers conferred by the Metropolitan Redevelopment Code and projects conducted in accordance with its provisions are found and declared to be incidental to the objectives of that code and are far outweighed by the benefit to the public as a whole. Activities authorized and powers granted by the Metropolitan Redevelopment Code are hereby declared not to result in a donation or aid to any person, association or public or private organization or enterprise. The necessity for these provisions and the power is declared to be in the public interest as a matter of legislative determination.

History: Laws 1979, ch. 391, § 2; 2007, ch. 329, § 3; 2007, ch. 330, § 3; 2018, ch. 60, § 2.

The 2018 amendment, effective May 16, 2018, expanded the purpose of the Metropolitan Redevelopment Code to include counties within its scope, and made technical changes throughout the section; replaced "municipality" and "municipalities" with "local government" throughout the section; and deleted Subsection D, which related to problems within large metropolitan areas.

The 2007 amendment, effective June 15, 2007, eliminated the provision in Subsection C that the powers conferred are for public purposes for which the power of eminent domain may be exercised.

Laws 2007, ch. 329, § 3 enacted identical amendments to this section. The section was set out as amended by Laws 2007, ch. 330, § 3. See 12-1-8 NMSA 1978.

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Section 3-60A-2 - Findings and declarations of necessity.