AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

A licensed surveyor prepared a boundary survey plat for a client in Rio Arriba County, New Mexico, certifying that it was not a land division or subdivision under the New Mexico Subdivision Act. The county clerk's office refused to accept and record the plat because it lacked a required stamp and signature from county planning and zoning officials, as per the county's unwritten policy. The surveyor argued that such approval was unnecessary for a boundary survey plat (paras 3-4).

Procedural History

• District Court, Rio Arriba County: Denied the petition for a writ of mandamus, upholding the county clerk's policy of requiring prior review and approval by county planning and zoning officials before recording survey plats (para 4).

Parties' Submissions

• Appellant (Surveyor): Argued that the boundary survey plat complied with statutory requirements and did not require review or approval by county planning and zoning officials before recordation (paras 3-4).
• Appellees (County Clerk and County Officials): Contended that the county clerk had the authority to refuse recording of the plat to ensure compliance with state and county subdivision laws and could rely on county planning and zoning officials for review (paras 3-4, 15).

Legal Issues

• Does a county clerk have the authority to refuse to accept and record a boundary survey plat based on non-compliance with state and county subdivision laws?
• Can a county clerk rely on county planning and zoning officials to review survey plats for compliance with subdivision laws?

Disposition

• The Court of Appeals reversed the district court's decision and directed the issuance of a writ of mandamus requiring the county clerk to conditionally accept and record the survey plat upon re-submission, subject to limited review (para 18).

Reasons

Per Alarid J. (Castillo and Kennedy JJ. concurring):

• The Court analyzed the statutory framework, including Section 61-23-28.2(A) of the New Mexico statutes, which outlines the requirements for boundary survey plats. The Court held that the statute primarily imposes duties on surveyors to ensure compliance with the criteria, while the county clerk's role is ministerial, limited to verifying facial compliance with the statutory requirements (paras 5-9).
• The Court determined that the county clerk has the authority to conduct a limited substantive review to confirm whether a survey plat constitutes a subdivision under the New Mexico Subdivision Act. This authority includes enlisting the assistance of county planning and zoning officials but does not extend to a full review of subdivision compliance (paras 10-15).
• The Court emphasized that the clerk's duty to record plats "as soon as possible" under Section 14-8-6 must be harmonized with the clerk's authority to ensure compliance with subdivision laws. Conditional acceptance and endorsement of the plat upon submission would satisfy both statutory obligations (paras 16-17).
• The Court concluded that mandamus was appropriate to compel the county clerk to perform the ministerial act of recording the plat, subject to limited review for compliance with statutory requirements (para 18).