Bosque Farms Council hesitant of granting annexation of Peralta Community Center property; Peralta Town Council to consider action

BOSQUE FARMS — The possibility of an annexation request is giving the Bosque Farms Village Council pause in regards to its neighboring municipality.

At the Feb. 20 council meeting, Bosque Farms Clerk/Administrator Michael Limon told the council he had received notice from the town of Peralta that it would like to annex a piece of property it purchased in 2024, which sits on the north side of the village, directly adjacent to the Peralta town line.

In July of last year, Peralta purchased the building at 2500 Bosque Farms Blvd. for $860,000 to house its community center. Formerly J&L’s Country Kitchen, the building has been sitting empty for about 16 years.

Limon said the village hasn’t received a formal resolution from Peralta asking to annex the property as of the February meeting, but wanted to bring it to the councilors for discussion.

“While I am wishing to be respectful of Peralta — we have a good working relationship — research should have been performed ... the town purchased (the property) before consulting (the village),” Limon said.

The clerk/administrator continued, saying there have been “rumblings” of an exchange between the two municipalities — Peralta would give Peralta Drive, north of the property, to the village in exchange for the community center property.

Limon said the “front half” — the western half of the road — is in Bosque Farms, and the eastern half of the short, two-lane road going east off Bosque Farms Boulevard belongs to Peralta.

While the village hasn’t received gross receipts tax revenues from the property for more than a decade, it does collect some property tax from it, he said.

“Why trade a revenue source for an expense? I can’t agree to an annexation without a proper exchange,” Limon said.

According to Valencia County property tax records, the actual value of the property in 2024 was $856,418 with a taxable value of $285,473. Of the 2024 property tax bill for $8,810, $724 went to the village of Bosque Farms.

Online records also indicate the taxes for last year haven’t been paid and a total of $11,304 is now due as of March 3, including interest and penalties.

Limon said he wanted to maintain the good, working relationship between the village and Peralta, but was hesitant to have the council consider a trade of any sort of revenue for an unknown expense.

“I haven’t received an official resolution from Peralta and ask you to postpone this until we do,” he said.

Bosque Farms Councilor Tim Baughman said he wasn’t sure whether such an annexation would be allowed under state law.

“They are also hinging this on 1969 case law when Las Cruces annexed (New Mexico State University), but I question the fact that they are using that as an example since (that property) was not part of another city. It was part of the county, which could be annexed,” Baughman said. “I don’t think we’re necessarily prepared or qualified to look into previous case law. I suggest the town of Peralta supply an (New Mexico Attorney General) opinion on how the statutes interact.”

In a Feb. 6 memorandum opinion from Steven Chavez, Peralta’s attorney, he writes that while the state statute pertaining to annexation between government agencies doesn’t specifically mention municipalities, an annexation of property owned by a political subdivision of the state — in this case the town of Peralta — from one municipality to another would be legally allowed so long as both jurisdictions agreed to the annexation.

“The principal requirement is that the annexation be done with the consent of the affected municipality who otherwise has jurisdiction of the land. Without either municipalities’ consent, the annexation cannot occur,” Chavez wrote in the memo addressed to the Peralta mayor and town councilors.

Former Bosque Farms mayor Russ Walkup suggested if the village was really interested in a property exchange, it should look at asking for additional property in Peralta to clean up the jagged border between the two municipalities.

“That way, you’re trading for something that could generate GRT for you. If you want to horse trade, let’s horse trade,” Walkup said.

Baughman ultimately made a motion to postpone action on the annexation or any kind of property exchange indefinitely until more research could be done. The council voted 4-0 in favor of the postponement.

According to the agenda for the Tuesday, March 11, Peralta Town Council meeting, the council will consider a resolution for annexation of the community center property.