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1994 New Mexico Attorney General Reports and Opinions 1 (1994)

handle is hein.sag/sagnm0038 and id is 1 raw text is: Attorney General of New Mexico
P1 Drawer 1508
Santa Fe. \ew Mexico 87504-1508
9                        505 827-60O
Fax 505 827-5826
IOM  Ul)Al.I.                                             \IA NLE. T UERINA
Attornev (eneral                                         MARIAN MAITHEWS
April  18,  1994             Deput% Atturness General
OPINION
of                               Opinion No. 94-01
TOM UDALL
Attorney General
BY: Denice Brown Kulseth
Assistant Attorney General
TO: The Honorable Max Coll
New Mexico House of Representatives
State Capitol
Santa Fe, New Mexico  87503
OUESTION:
Are the various land use plans and ordinances adopted by
several counties within the state, including Catron, Chaves, Eddy,
Otero, Linyoln, Luna, and Sierra Counties, (hereafter the
Counties), lawful to the extent that they seek to restrict the
public land regulatory authority of the United States and the State
of New Mexico?
CONCLUSION:
No.   The ordinances reviewed have no legal effect because,
ISpecifically,  we   have   reviewed  the   Catron   County
Comprehensive Land Plan and accompanying ordinances, the Chaves
County Supplemental Land Use Plan and accompanying resolutions,
the Eddy County Interim Land Use Policy Plan and accompanying
ordinances and resolutions, the Lincoln County land use ordinances,
the Luna County Interim Land Use Policy drafted as a set of
ordinances, the Otero County Interim Land Use Plan and accompanying
ordinances, and the Sierra County land use ordinances.
2This opinion focuses generally on the validity of the
ordinances, rather than the land use plans, because it is the
ordinances that will be enforced against state and federal
governments.  The land use plans, by themselves, have no legal
effect. To the extent a land use plan is promulgated in the form

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