Land Use & Zoning
New Mexico's 'Prehistoric Sites Preservation Act' affects real estate development by:
AProhibiting all construction in New Mexico
BRequiring surveys for archaeological resources and protecting prehistoric sites from development✓ Correct
COnly applying to federal lands
DExempting private property from archaeological protections
Explanation
New Mexico's preservation laws (and federal NHPA Section 106) require surveys and protection of prehistoric and historic sites on both state and private land when development is proposed, especially near known cultural areas.
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Key Terms to Know
Zoning
Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
Private Mortgage Insurance (PMI)Insurance required by lenders on conventional loans with less than 20% down payment, protecting the lender — not the borrower — against default.
VarianceOfficial permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
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