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HB 154: LOCAL GOV’T REVIEW OF BUSINESS LEASES

An Act Relating To Public Lands; Providing That Business Leases For Real Estate Planning Or Development Purposes Shall Not Be Effective Until Reviewed By The Appropriate Municipal And County Governing Body.

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MILD HB 154
LOCAL GOV’T REVIEW OF BUSINESS LEASES

Legislative URL:
HB 154 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
HBEC
Action:
[3] HBEC/HGEIC-HBEC API.
Issue(s):

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
Fiscal Impact Report

Related Events

Upcoming:
Summary

This bill provides that no business lease of state lands for real estate planning or development purposes, entered into by the Commissioner of Public Lands on or after July 1, 2015, shall be effective until it has been reviewed and decisions issued by the appropriate governing body of a municipality or a board of county commissioners.

Before entering into the lease, the Commissioner of Public Lands must:
• post the proposed lease on the State Land Office web site; and
• submit a copy of the proposed lease to the governing body of each municipality whose planning and platting jurisdiction boundary is within 20 miles of any of the land to be included in the proposed lease; and to the board of county commissioners of each county in which any land in the proposed lease is situated outside the planning and platting jurisdiction of a municipality.

The bill requires public hearings by the municipality or county to determine whether the proposed lease is in the best interests of the municipality or county, with for public notice at least 21 days prior to the hearing. The governing body or board of county commissioners must allow all interested persons, a
reasonable opportunity to submit data, views or arguments, orally or in writing, and to examine witnesses testifying at the hearing; and must, within 30 days of the public hearing, issue a decision as to whether or not the proposed lease is in the best interests of the municipality or county. The decision may also include recommendations to the commissioner and the proposed lessee on specific revisions to the lease that would make it more advantageous to the municipality or county.

If a governing body of a municipality or a board of county commissioners does not hold a public hearing within ninety days after receiving a proposed lease, the commissioner may enter into the lease without the otherwise required review.

A possible benefit as well as a possible concern of this bill might be prevention or improvement of business leases of state lands due to additional oversight by those municipalities, counties and citizens most likely to be affected by the leases.