Property Tax Incentives:
Current Use Programs:
Statute: N.M. STAT. ANN. § 7-36-20.
Method of Assessment: Current use based on the agriculture capacity of the parcel.
Plan Requirements: N/A
Penalties: Whenever the use of the land changes from being used primarily for agricultural purposes, the landowner must report the change. Any person who is required to make a report and who fails to do so is personally liable for a civil penalty in an amount equal to the greater of twenty-five dollars ($25.00) or twenty-five percent of the difference between the property taxes ultimately determined to be due and the property taxes originally paid for the tax year or years for which the person failed to make the required report.
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Current Use Taxation for open-space land:
New Mexico has no current use taxation to promote open space or recreation
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Tax incentive specifically for providing access:
New Mexico has no tax incentives to provide hunter access.
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Tax Incentive when land is subject to Conservation Easement:
New Mexico has no tax incentives for land subject to conservation easements.
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New Mexico does provide a tax credit for the donation of conservation property.
Statute: Taxation – 1978 § 7-2-18.10 – Tax credit; certain conveyances of real property.
Program: Landowners can receive a tax credit of 50% of the appraised fair market value of land donated for the conservation of open space. Donations made before 2008 may not exceed a maximum of $100,000 per year, and donation made on or after January 1, 2008 may not exceed $250,000 per year. Credits used in any year cannot exceed state income tax owed for that year. The credit may carry over for 20 years. A developer may not make such a donation to fulfill density requirements. Land donations must be certified by the Department of Energy, Minerals and Natural Resources. Donations cannot adversely affect the rights of contiguous property owners. Credits are transferable only once and can be used by the transferee for no more than 20 years. Credits can be transferred in increments but each increment shall not exceed $10,000 for 1 year.
Tax: 1.7% to 4.9% (depending on income).
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Hunter Access Program:
Name of Program: Open Gate Hunting and Fishing Access Program
Number of Acres Enrolled: Approximately 82,000 deeded (private) acres.
Landowners receive compensation through a lease agreement with the New Mexico Department of Game and Fish to provide access to public resources on or through their property. Currently, sportsmen use is not being tracked. Conservation benefits are not being collected.
For additional information regarding this state’s hunter access programs or efforts, please view the Hunting Heritage Action Plan Hunter Access Program Assessment Survey Report.
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