N.M. Code R. § 4.10.18.9 - PUBLIC NOTICE FOR CULTURAL PROPERTIES WITH MULTIPLE OWNERS
A. The SHPO shall
provide written notice to the applicant, the chief elected local official, and
the owners of the cultural property, including private property owners within
the district or site, setting forth the date, time and place of the CPRC
meeting at which a nomination will be considered. The written notice will be
mailed at least 30 days before the CPRC meeting. The notice will be sent by
first class mail to the last known address as recorded by the county clerk's
office. Everyone present at the meeting will have the opportunity to be heard
and present evidence. The owners will be invited to provide written comments
prior to the meeting and may concur or object in writing to the nomination of
the cultural property.
B. The SHPO
may provide general notice for a nomination where 50 or more owners' names
appear on the county clerk's records. The general notice shall be published
twice in one or more newspapers of general circulation in the state and in the
area of the nomination. The first publication will occur at least 30 days
before the CPRC meeting. The notice will be posted on the HPD website at least
30 days before the CPRC meeting to allow for the submission of written
comments. The notice will advise the owners of the date, time and place of the
CPRC meeting, the right to submit written comments and concur or object in
writing to the nomination, and the right to attend the meeting and present
evidence. In addition, the SHPO may hold a public information meeting in the
area of the nomination prior to the CPRC meeting. The notice for the
information meeting will be published twice, in one or more newspapers of
general circulation in the state and in the area of the nomination. The first
publication and the posting of the notice on the HPD website will occur at
least 14 days before the public information meeting.
C. For multiple resource and thematic
submissions, each structure, building, site, place, district or object included
in the submission, is treated as a separate nomination to notify and provide
owners the opportunity to concur or object in writing to the nomination in
accordance with this section.
D.
Upon notification, any owner of a private property who wishes to object to the
registration and listing shall submit to the SHPO a notarized statement
certifying that he is the sole or partial owner of the private property and
shall provide the reason for the objection on or before the date specified in
the published notice. In nominations with multiple owners, the property will
not be listed if a majority of the owners object to the listing. The SHPO will
ascertain whether a majority of the private property owners have submitted
notarized objections. For purposes of this subsection, any private property
owner or part owner in a district or site has one vote whether or not the
property contributes to the significance of the district or site.
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