Commissioners warned that a proposed 362-acre annexation could bring higher-density housing near the Doña Ana County International Jetport and amended a county letter to say legal recourse may be considered to preserve a buffer zone

Damien Willis, Organ Mountain News

LAS CRUCES - Doña Ana County commissioners are warning that the county may consider legal action to protect the Doña Ana County International Jetport as Sunland Park moves toward annexing about 362 acres for a development that could bring higher-density housing near the airport.

Commissioners voted Tuesday to send Sunland Park an amended letter outlining concerns about the proposed Rancho Santa Teresa development, including conflicts with nearby industrial uses, future expansion of Pete Domenici Highway and ongoing master planning around the jetport.

But the discussion went further after commissioners questioned whether the county has legal authority to preserve a buffer around the airport.

Interim County Attorney Alonzo Maestas drafted language stating that the county “will consider its legal recourse” to ensure the jetport has an appropriate buffer zone under Section 4-38-33 NMSA 1978 and to protect public safety and efficient airport operations.

The commission approved the amendment and then approved the letter as amended.

The annexation request covers approximately 362 acres along Sunland Park’s northwestern municipal boundary and Pete Domenici Highway. About 307 acres are intended for a future mixed-use development known as Rancho Santa Teresa, Units 9-12.

CGDP3 LLC owns the majority of the property included in the request.

Community Development Director Christina Ainsworth told commissioners this is the third time the annexation application has been submitted to Sunland Park for consideration.

The proposal also includes portions of Airport Road that are currently maintained by Doña Ana County.

Higher-density housing proposed near jetport

Ainsworth said plans submitted with the annexation show medium- to high-density residential development, along with commercial and industrial uses.

The developer is also proposing a public improvement district and tax increment development district to help finance infrastructure.

County officials are particularly concerned about what could happen after the land comes under Sunland Park jurisdiction.

Asked whether Sunland Park could approve development near the jetport following annexation, Ainsworth said the answer was essentially yes.

“Whatever Sunland Park is willing to approve with regard to zoning, they would be allowed to develop as they’re proposing,” she said.

The county’s jetport master-planning process recommends maintaining a buffer between airport operations and residential development, Ainsworth said, but Sunland Park would ultimately control zoning if the property is annexed.

“The county does not have a lot of, I guess, sway or authority to prevent the annexation from occurring,” she said. “It’s going to be ultimately up to the city.”

That prompted commissioners to ask whether the county has other options.

Eminent domain enters discussion

Commissioner Susie Kimble, who chaired Tuesday’s meeting in Chair Manuel Sanchez’s absence, asked whether the county could condemn land to protect the area around the jetport.

Acting County Manager Stephen Lopez pointed commissioners to Section 4-38-33 NMSA 1978, which gives counties eminent-domain authority over certain land adjacent to airports or within a half-mile of their boundaries when necessary to keep airport access efficient and free from hazard.

Lopez said he interpreted the statute to potentially allow the county to condemn property within that area to protect safe airport operations.

“The runway does point straight at this property,” Lopez said.

Kimble responded: “So I think we need to do that. And how do we move forward?”

Maestas cautioned that any potential condemnation action would need to be discussed in closed session and was not listed on Tuesday’s executive-session agenda.

Commissioners stopped short of directing the county to pursue eminent domain.

Instead, Maestas proposed adding language to the county’s letter stating that Doña Ana County would consider its legal recourse to preserve an appropriate jetport buffer.

County has objected before

The annexation has gone through multiple iterations.

A county Development Review Committee first reviewed an earlier version in October 2025 and warned that the proposed boundary could create a jurisdictional island around the Casas Lindas and Desert Shadow subdivisions and Santa Teresa Terrace Apartments.

The committee said that arrangement could create confusion over emergency response and other government services and recommended a seamless annexation without gaps.

County staff still prefers a contiguous boundary, Ainsworth said Tuesday, but commissioners previously directed staff to exclude residents and property owners who do not want to be annexed.

Commissioner Christopher Schaljo-Hernandez questioned how frequently the proposal had returned.

“The fact that they’re looking at annexing this twice within one fiscal year is just insane,” he said.

Schaljo-Hernandez moved to restore the Development Review Committee’s earlier concerns to the letter and add the new language about possible legal recourse.

Commissioners approved those changes.

The county’s other comments ask Sunland Park to consider conflicts between proposed residential development and existing industrial land uses, preserve future expansion of Pete Domenici Highway as the Santa Teresa Industrial Park grows and account for ongoing master planning at the jetport.

Water and infrastructure details remain unclear

Commissioners also questioned how the proposed development would be served.

During public comment, Daniel Allen asked whether enough water would be available for the higher-density housing envisioned for the property.

Ainsworth said the county has not received detailed information about water, wastewater or other infrastructure because those issues are being reviewed through Sunland Park’s process.

She said the development would need service from Camino Real Regional Utility Authority and additional infrastructure could be required if existing capacity is insufficient.

Commissioner Susana Chaparro pressed the point.

“If I understood correctly, the proposal is to annex this land, but we don’t know if there’s sufficient water, if there’s sufficient wastewater, what the infrastructure will be,” she said.

Ainsworth confirmed those details were not included in the annexation application reviewed by the county.

“So we’re being asked to just wave our magic wand and say, ‘OK, this is fine,’ but we don’t know the details,” Chaparro said. “That sounds familiar.”

What happens next

Doña Ana County does not decide whether the annexation occurs.

Its formal role Tuesday was to provide comments to Sunland Park, which retains authority over whether to approve the annexation.

Ainsworth said the proposal was scheduled for review by the Sunland Park Planning and Zoning Commission on Wednesday, Aug. 26, followed by the City Council on Sept. 1.

County officials said they would try to ensure the county’s concerns are presented during those proceedings.

Any decision by Doña Ana County to pursue eminent domain or another legal strategy would require additional consideration. Maestas said commissioners could discuss their options during a future closed session.

For now, the county has put Sunland Park on notice that it wants the jetport buffer, surrounding industrial development and infrastructure questions addressed before hundreds of acres near the airport are brought within the city’s boundaries.

Damien Willis is founder and editor of Organ Mountain News. If you have a personal story to share or a lead we should follow up on, reach out at OrganMountainNews@gmail.com or connect with him on X at @damienwillis.