N.M. Admin. Code § 1.5.23.3 - STATUTORY AUTHORITY
A. Section
13-6-2.1 NMSA 1978 provides
generally, with certain exceptions, that any state agency, local public body,
or school district that sells, trades or leases real property belonging to that
public entity requires state board of finance approval prior to the effective
date of such sale, trade or lease. Section
16-6-15, NMSA 1978, makes Section
13-6-2.1 NMSA 1978 expressly
applicable to the state fair.
B.
Sections 15-3B-8 NMSA 1978 provide that the
property control division is authorized to acquire land by purchase, gift or
donation subject to prior approval by the state board of finance.
C. Subsection B of Section
15-3B-7 NMSA 1978 provides that
the property control division, subject to the approval of the state board of
finance and after following the bidding procedures required by the Procurement
Code for the purchase of personal tangible property, is authorized to enter
into long-term leases not exceeding 10 years of vacant lands when the lessor
contracts with the state to construct and complete buildings, subject to
approval of the state architect, as a condition precedent to the start of the
rental term.
D. Section
17-1-22.1 NMSA 1978 provides that
the state game commission, upon approval from the state board of finance, may
transfer money from the game and fish bond retirement fund to the game and fish
capital outlay fund. Money in the game and fish capital outlay fund may be
expended for fish hatcheries and rearing facilities, habitat acquisition,
development and improvements and other similar capital projects. All projects
funded by the game and fish capital outlay fund shall be approved by the state
board of finance.
E. Subsection B
of Section 3-46-34 NMSA 1978 provides that a
municipality may dispose of real property in an urban renewal or land
development area to private persons only under reasonably competitive bidding
procedures as it shall prescribe or as provided in this subsection. The
municipality may accept any proposal it deems to be in the best interest and in
furtherance of the purposes of the urban renewal law; provided, that a
notification of intention to accept the proposal shall be filed with the
governing body not less than thirty days prior to any acceptance. Thereafter,
the municipality may execute a contract in accordance with the provisions of
the urban renewal law, and deliver deeds, leases and other instruments and take
all steps necessary to effectuate the contract; provided that if the
municipality accepts other than the highest bid, the acceptance must be
approved by the state board of finance before the municipality may
proceed.
F. Subsection J of Section
16-2-11 NMSA 1978 provides that
any acquisition of lands adjacent or contiguous to existing state parks or
recreational areas or necessary for successful park or recreational area
protection and development and will become part of the park or recreational
area may be acquired by the state following consultation with local government
entities on the acquisition and approval of the acquisition by the state board
of finance, and funds for acquisition is available to state parks division or
land is being donated to the division.
Notes
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