NMSA 1978, § 7-37-5.4 — 7-37-5.4

Property owned by a disabled veteran is exempt from a
special benefit assessment.

# A.

Property owned by a disabled veteran, including joint or community property of
the veteran and the veteran's spouse, is exempt from the imposition of a special benefit
assessment if the property is occupied by the disabled veteran as the veteran's principal
place of residence. Property held in a grantor trust established under Sections 671
through 677 of the Internal Revenue Code of 1986, as those sections may be amended
or renumbered, by a disabled veteran or the veteran's surviving spouse is also exempt
from the imposition of a special benefit assessment if the property otherwise meets the
requirements for exemption in this subsection or Subsection B of this section.

# B.

The property of the surviving spouse of a disabled veteran is exempt from the
imposition of a special benefit assessment if:
(1) the surviving spouse and the disabled veteran were married at the time of
the disabled veteran's death;
(2) the surviving spouse continues to occupy the property continuously after
the disabled veteran's death as the spouse's principal place of residence; and
(3) the surviving spouse has remained unmarried since the time of the
disabled veteran's death.

# C.

For purposes of this section:
(1) "disabled veteran" means an individual who:
(a) has been honorably discharged from membership in the armed forces of
the United States or has received a discharge certificate from a branch of the armed
forces of the United States for civilian service recognized pursuant to federal law as
service in the armed forces of the United States; and
(b) has been determined pursuant to federal law to have a one hundred
percent permanent and total service-connected disability;
(2) "honorably discharged" means discharged from the armed forces pursuant
to a discharge other than a dishonorable or bad conduct discharge; and
(3) "special benefit assessment" means an assessment or levy authorized by
law for benefits, damages, construction, improvements or maintenance on property that
is specially benefited by the benefits, damages, construction, improvements or
maintenance; and includes an assessment or levy authorized by The Conservancy Act
of New Mexico [73-14-1 NMSA 1978], the Public Improvement District Act [Chapter 5,
Article 11 NMSA 1978], the Tax Increment for Development Act [Chapter 5, Article 15
NMSA 1978] and other similar laws outside the Property Tax Code.