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SB 176: SUBDIVISION ACT DEFINITIONS

An Act Relating To Subdivisions; Amending The New Mexico Subdivision Act To Clarify An Exception From The Definition Of "subdivision".

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MILD SB 176
SUBDIVISION ACT DEFINITIONS

Legislative URL:
SB 176 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
Signed
Action:
[2] SCORC/SJC/SFC-SCORC [3] SFC ref w/drn- SCORC/SJC-SCORC [14] DP-SJC [18] DP [24] fl/sub adptd- PASSED/S (35-5) [35] HBIC/HJC-HBIC [52] DP/a-HJC- w/drn [55] PASSED/H (64-0) [47] s/cncrd SGND (Apr.1) Ch. 96.
Issue(s):

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
SCORC Committee Report
SJC Committee Report
Senate Floor Substitute
Final Senate Vote
HBIC Committee Report
Final House Vote
Fiscal Impact Report
Final Version
Summary

The bill amends one of the exclusions to the definition of “subdivision” for purposes of the New Mexico Subdivision Act. The amendment replaces wording that refers to the “sale, lease or other conveyance of a single parcel from a tract of land” with “division of a tract of land into two parcels.” The bill maintains current law that that provides that while the first such division is excluded, any second or subsequent division of either of the two parcels within five years is not.

 

The Senate adopted a Floor Substitute for the bill on February 27, 2013, that goes back to some of the language in current law regarding “sale, lease or other conveyance.” It also removes the provision in current law that states that this exemption does not apply to a second or subsequent sale, lease or conveyance from the same tract. It explicitly states that nothing in the Subdivision Act prohibits the sale, lease or conveyance of a tract of land.

 

One concern with the substitute might be that it may weaken the Subdivision Act. The Subdivision Act provides some safeguards for consumers so augmenting any exemptions from the Act may contribute to substandard development.

 

Date of Summary:  1/22/2013, Updated 2/28/2013