On August 8, the Village of Questa hosted a meeting for residents to discuss the road and land issue that began in the mid-1990s, after North Kiowa Road was paved. The actual footprint of the newly paved road differed from its estimated size, which left land remnants between the paved road and adjacent ownership. When this paving project was planned and executed, it fell under the jurisdiction of the New Mexico Department of Transportation (NMDOT). Landowners at the time were compensated by NMDOT, and part of the agreement was that any land not used by the newly paved road would become the property of the Village of Questa.
There are currently nine landowners who are affected by this issue, where the size of land remnants range from dozens of feet to as miniscule as a few inches. A survey of the land remnants is needed to determine fair market value, after which the property would be sold back to adjacent landowners. According to Village Administrator, Karen Shannon, the Village would then pay fees for the warranty deed drafted by the Village attorney. Given the size and consideration of utility of these slivers of land, the biggest cost will likely be surveying and paperwork, rather than property value.
When this issue initially occurred, some residents were able to get these land remnants conveyed and took steps to rectify the issue. The landowners who immediately rectified the issue received a warranty deed decades ago.
At the August 8 meeting, Mayor John Ortega expressed that the Village of Questa has no interest in these slivers and only wishes to get these land remnants back into the hands of the landowner in a lawful manner. He continued to express his preference to avoid re-purchasing of land by the original owners, but this is unavoidable due to legalities.
Land surveyor Lawrence Montoya, who was present at the meeting, has offered the landowners a reduced rate for his surveying services. The existing survey completed by NMDOT only serves as a template for Mr. Montoya to work from, thus reducing his efforts, resulting in a smaller fee for his surveying services. Mr. Montoya mentioned that he too is dealing with this issue, and that he wants to take steps to get it resolved on his own family’s property. Mr. Montoya went on to say that this is a generational issue and if it’s not addressed now, the future landowner will have to deal with it. The Mayor echoed Mr. Montoya, mentioning that this issue will persist if not remedied under his administration, and because of the anti-donation clause, the Village can’t donate the land back to the owner.
Mayor Ortega wishes to get this project completed in a timely manner. He gave a two-week deadline for landowners to respond with their intent to pursue a survey. Some landowners in the meeting were frustrated at this process, declaring that they shouldn’t have to buy back their land. Mayor Ortega shared their concern, but recalled that the previous owners were originally compensated and that there are legal reasons preventing donation or a similar transfer of ownership.
