NMSA 1978, § 7-36-2 — 7-36-2

Allocation of responsibility for valuation and determining
classification of property for property taxation purposes; county
assessor and department.

# A.

The county assessor is responsible and has the authority for the valuation of all
property subject to valuation for property taxation purposes in the county except the
property specified by Subsections B and C of this section.

# B.

The department is responsible and has the authority for the valuation of all
property subject to valuation for property taxation purposes and used in the conduct of
the following businesses:
(1) railroad;
(2) communications system as that term is defined in Section 7-36-30 NMSA
1978;
(3) pipeline;
(4) public utility; and
(5) airline.

# C.

The department is responsible and has the authority for the valuation of property
subject to valuation for property taxation purposes when that property is:
(1) an electricity generating plant, whether or not owned by a public utility, if
all or part of the electricity is generated for ultimate sale to the consuming public;
(2) mineral property and property held or used in connection with mineral
property as defined in Sections 7-36-22 through 7-36-25 NMSA 1978; or
(3) machinery, equipment and other personal property of all resident and
nonresident persons customarily engaged in construction that involves the use during a
tax year of the machinery, equipment and other personal property in more than one
county. For the purposes of this paragraph, "construction" means leveling or clearing
land, excavating earth, drilling wells of any type, including seismograph shot holes or
core drilling, or similar work, or building, altering, repairing or demolishing any:
(a) road, highway, bridge, parking area or related project;
(b) building, fence, stadium or other structure;
(c) airport, subway or similar facility;
(d) park, trail, athletic field, golf course or similar facility;
(e) dam, reservoir, canal, ditch or similar facility;
(f) sewerage or water treatment facility, power generating plant, pump
station, natural gas compressing station, gas processing plant, coal gasification plant,
refinery, distillery or similar facility;
(g) sewerage, water, gas or other pipeline;
(h) transmission line;
(i) radio, television or other tower;
(j) water, oil or other storage tank;
(k) shaft, tunnel or other mining appurtenance; or
(l) similar work.

# D.

The entity having responsibility and authority for valuing the property described in
Subsections A through C of this section shall also have responsibility and authority for
classifying that property as either residential or nonresidential under the provisions of
Section 7-36-2.1 NMSA 1978.

# E.

The secretary by regulation may delegate authority to the county assessor for the
valuation and classification of property subject to valuation for property taxation
purposes for which the department is responsible pursuant to Subsections B through D
of this section only if:
(1) the property is held or used in connection with the transmission, storage,
measurement or distribution of water and the transmission, storage, measurement and
distribution is conducted by a single person entirely within a single county; or
(2) the property is held or used in connection with a communications system
as defined in Section 7-36-30 NMSA 1978 and the system operates entirely within a
single county.

# F.

The department is authorized to enter into one or more agreements with each
county assessor, subject to approval of each agreement by the appropriate board of
county commissioners, under which the county assessor agrees to perform the
valuation of property for which the department is responsible under Subsection B of this
section but which property is not subject to the special methods of valuation set forth in
Sections 7-36-27, 7-36-28 and 7-36-30 through 7-36-32 NMSA 1978.