Sunland Park developing questionably annexed land that may not end up belonging to it

DONA ANA COUNTY, New Mexico -- Two communities in Dona Ana County are disputing the right to land that is currently being developed.

In 2018, the community of Santa Teresa filed with the state of New Mexico to become incorporated, turning the community into a city.

Before the state dealt with Santa Teresa's application, the city of Sunland Park annexed land that Santa Teresa believed belonged to it.

Both communities believe they have the right to the property.

In 2019, Sunland Park annexed the land and began developing it into two housing projects, La Entrada and Santa Del Sol.

"Annexation process happened last August. We were approached by a developer that wanted to annex that area and they submitted an application. Everything came back positive and so we moved forward," said Michael Martinez the Sunland Park City Manager.

Work began on Santa Del Sol shortly after the annexation, but came to a halt as soon as all the basic city infrastructure had been finished.

Santa Teresa filed a lawsuit in 2019 claiming the property was part of their community and that it was improperly annexed.

Jerry Pacheco, the president of Border Industrial Association, and other officials in Santa Teresa were not pleased with the annexation.

Pacheco told ABC-7, "What concerns me is the development you are mentioning was annexed into Sunland Park with a little push from the developer, apparently so they could deal with Sunland Park instead of the county."

Santa Teresa's bid to incorporate was approved by an appellate court and the case is waiting to be heard by the New Mexico Supreme Court, which will meet in January 2021.

If Santa Teresa is granted the right to incorporate, the land annexed has a strong chance of going back to their community.

"That would have an impact on the development because it would question whether it was legal to annex that portion of area there into Sunland Park from the county," explained Pacheco.

Even though the home construction was paused due to state litigation, land developers Bain Construction and businessman Bill Hagan have moved forward with the La Entrada project.

Heavy machines are moving tons of dirt to make way for hundreds of new homes that will be built on the site.

ABC-7 reached out to Bain Construction and Bill Hagan for a comment, but they did not reply.

If both projects are completed it will bring nearly 800 new homes to either Sunland Park or Santa Teresa.

Those homes will require fire and police protection.

Michael Martinez, the city manager in Sunland Park, said a new fire house is in the works for the area and police and fire response times will be gauged.

Martinez added that "Sunland Park is growing at a large rate."