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Resident asks Kirtland council to revisit addressing ordinance, says private property was renamed without notice
Summary
Resident Kimberly Miltier told the council the town's Addressing Ordinance (Ordinance 2022-24) improperly broadened the legal definition of "street" to include private property, alleged she and others were not notified as required by state law (NMSA 3-49-1), and requested the council add the issue to the January agenda.
KIRTLAND, N.M. — Resident Kimberly Miltier told the Kirtland Town Council on Dec. 10 that the town's Addressing Ordinance (Ordinance 2022-24) improperly expanded the statutory definition of "street" to include private property and that affected residents were not properly notified, and asked the council to revisit the ordinance at its January meeting.
Miltier said the New Mexico statute governing municipal addressing, NMSA 3-49-1, limits a street to a public thoroughfare under municipal control. She said the town's ordinance instead defined "Road or Street" to include private thoroughfares that provide sole access to more than two lots and that, since the ordinance passed in January 2023, the town added about 10 privately owned properties to the list of named streets, including her own address.
"The town of Kirtland has no authority to create their own definition of 'street' that includes private property," Miltier said. She told the council she never received notification that the town planned to rename private property and that the town clerk could not locate proof of the required publication. Miltier called the ordinance "null and void" and asked that the council place the matter on the January agenda and include her statement and documentation in the meeting minutes.
Mayor Alex Uhl said he would add the item to the January agenda. Councilor Trujillo said Engineer Dan Flack could provide technical answers; Clerk Jonathan LaMone confirmed he has searched for the publication record and advised the clerk's office could provide additional documentation for council review.
Why it matters: If the town's ordinance does in fact name private property as a town street without proper statutory authority or without required notice, affected residents could face changes in control or the application of municipal regulations; the council's next meeting will be an opportunity to review the ordinance text, the town's notice record and any potential corrective steps.
What's next: Mayor Uhl said the issue will be added to the January agenda for council consideration.
