Zia Station LLC and city propose to swap present day Galisteo Road for land owned by Zia Station LLC. This is required to reposition galisteo road to solve the traffic problem created by increasing zoning from R1 to R29 (apartment buildings). any such swap violates the nm constitution anti-donation clause art. 9 §14 because the city can acquire the new location for free via dedication, as is commonly accomplished in a subdivision application, §3-20-11. in fact, subdivision applicants never ask cities to buy land for new roads, and cities always require applicants pay for road construction. the city can sell galisteo road per §67-2-6, as it owns it in fee title now. An appraisal of the land involved would probably result in Galisteo road being valued higher than developers land. especially since the final development plan has not yet been approved. Further, the planning commission does not have authority to transfer fee title, as proposed in developers plan or plat amendment application, approved by the city resolution 2021-089, 7/14/2021. only the city council does. Planning commission authority is limited to planning, platting and zoning, NMSA 1978 §3-19-1.B.1, Further, as far as the city obtaining new land for a new road location, the certification of a plat by the planning commission does not constitute the opening of a street or the taking or accepting of land for street purposes. Sec. 3-19-7.b. See also SFCC 14-2.3.B.

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