reglab/housing_qa huggingface dataset:
NM Stat § 69-3-6 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 3 - Mining Locations and Operations|Section 69-3-6 - Penetration of water stratum by mine discovery or drill hole; plugging; reports; exceptions.

Any person drilling a mine lode discovery or mine drill hole to a depth of ten feet or more who encounters or whose drill cuts into a water body or water-bearing stratum shall: A. plug at a horizon and in the manner provided by the rules of the state engineer; and B. within ninety days from the date of the discovery, report in writing the depth, location and manner of plugging the water body or water-bearing stratum to the state engineer at the state capitol and to the director of the bureau of geology and mineral resources at Socorro, New Mexico. History: 1953 Comp., § 63-2-3.3, enacted by Laws 1957, ch. 108, § 1; 1967, ch. 128, § 1; 2001, ch. 246, § 9. ANNOTATIONSCross references. — For the appointment and qualifications of the state engineer, see 72-2-1 NMSA 1978. The 2001 amendment, effective June 15, 2001, substituted "reports" for "report to state engineer and to director of the state bureau of mines and mineral resources" in the section heading; and substituted "bureau of geology" for "bureau of mines" in Subsection B.
NM Stat § 69-3-7 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 3 - Mining Locations and Operations|Section 69-3-7 - Discovery of natural gas or hydrocarbons.

Any person drilling a mine lode discovery or mine drill hole to a depth of ten feet or more, who shall encounter natural gas or hydrocarbons in any form shall within ten days from the date of encountering natural gas or hydrocarbons report in writing to the state oil conservation commission the depth and location of the natural gas or hydrocarbons and thereafter within a reasonable time shall plug in accordance with the rules and regulations of the New Mexico oil conservation commission. History: 1953 Comp., § 63-2-3.4, enacted by Laws 1957, ch. 108, § 2. ANNOTATIONSCompiler's notes. — Laws 1977, ch. 255, § 4, established the "energy and minerals department." Laws 1977, ch. 255, § 9 absorbed the oil conservation commission into the energy and minerals department.
NM Stat § 69-3-8 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 3 - Mining Locations and Operations|Section 69-3-8 - [Exceptions.]

The provisions of this act [69-3-6 to 69-3-9 NMSA 1978] shall not include or be applicable to seismic, core or other exploratory holes or wells drilled in search of, or for the production of, natural gas or hydrocarbons in any form. History: 1953 Comp., § 63-2-3.5, enacted by Laws 1957, ch. 108, § 3. ANNOTATIONSCross references. — For regulation of oil and gas wells, see 70-2-1 NMSA 1978 et seq.
NM Stat § 69-3-9 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 3 - Mining Locations and Operations|Section 69-3-9 - Penalty.

Any person who fails or refuses to make any report required by this act [69-3-6 to 69-3-9 NMSA 1978] or who knowingly makes a false report of any information required by this act is guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). History: 1953 Comp., § 63-2-3.6, enacted by Laws 1957, ch. 108, § 4. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 377 et seq. 58 C.J.S. Mines and Minerals § 241.
NM Stat § 69-3-10 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 3 - Mining Locations and Operations|Section 69-3-10 - [Boundary posts.]

The surface boundaries of mining claims heerafter [hereafter] located shall be marked by four substantial posts or monuments, one at each corner of such claim, so as to distinctly mark the claim on the ground, so that its boundaries can be readily traced, and shall otherwise conform to Section 69-3-1 NMSA 1978. History: Laws 1889, ch. 25, § 2; 1897, ch. 58, § 6; C.L. 1897, § 2299; Laws 1899, ch. 57, § 1; Code 1915, § 3448; C.S. 1929, § 88-104; 1941 Comp., § 67-204; 1953 Comp., § 63-2-4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Relevant to ejectment. — In an action of ejectment between applicant for patent for a mining claim and an adverse claimant, court errs in omitting from instructions requirements of this section. Deeney v. Mineral Creek Milling Co., 1902-NMSC-005, 11 N.M. 279, 67 P. 724. Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 45. 58 C.J.S. Mines and Minerals § 46.
NM Stat § 69-3-11 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 3 - Mining Locations and Operations|Section 69-3-11 - Relocation.

The relocation of any mining ground, which is subject to relocation, shall be made in the same way as an original location is required by law to be made. History: Laws 1889, ch. 25, § 3; C.L. 1897, § 2300; Code 1915, § 3449; C.S. 1929, § 88-105; 1941 Comp., § 67-205; 1953 Comp., § 63-2-5; Laws 1981, ch. 310, § 4. ANNOTATIONSFraudulent relocation. — A relocation by an agent in the name of a third party after neglecting to do the annual assessment work on the claim of his principal is fraud upon his principal. Lockhart v. Washington Gold & Silver Mining Co., 1911-NMSC-029, 16 N.M. 223, 117 P. 833; O'Neill v. Otero, 1910-NMSC-066, 15 N.M. 707, 113 P. 614. See also Lockhart v. Leeds, 195 U.S. 427, 25 S. Ct. 76, 49 L. Ed. 263 (1904); Lockhart v. Johnson, 181 U.S. 516, 21 S. Ct. 665, 45 L. Ed. 979 (1901). Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals §§ 49, 51, 90. 58 C.J.S. Mines and Minerals §§ 43, 84 to 89.
NM Stat § 69-3-12 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 3 - Mining Locations and Operations|Section 69-3-12 - Amended and additional location notices.

A. If at any time the owner of any mining claim heretofore or hereafter located, or his assigns, shall apprehend that the original notice of location is defective, erroneous or the requirement of law has not been complied with before filing, or shall be desirous of changing his surface boundaries or to take in any part of an overlapping claim which has been abandoned, such owner may file in the office where notices of location are by law required to be filed, an amended or additional notice of location, subject to the provisions of this article. Provided, that such additional or amended notice of location does not interfere with the existing right of others at the time of filing such notice; and no such amended or additional location, or record thereof, shall, by itself, preclude the claimant or his assigns from proving any such title as they may have held under the previous location. B. The owner of an unpatented lode or placer claim existing on June 20, 1981 may file with the county clerk's office in the county in which the mining claim is located, a written notice of location containing the information required by Subsection C of Section 69-3-1 NMSA 1978 or a map conforming to the requirements of Paragraph (6) of Subsection C of Section 69-3-1 NMSA 1978. Such notice shall also recite the book and page of the recording of the original location notice and any additional or amended location notices, and such map shall state the name of the owner of the claims and the claim names for the claims referenced on the map. History: Laws 1889, ch. 25, § 4; C.L. 1897, § 2301; Code 1915, § 3450; C.S. 1929, § 88-106; 1941 Comp., § 67-206; 1953 Comp., § 63-2-6; Laws 1981, ch. 310, § 5. ANNOTATIONSCross references. — For recording unacknowledged, amended or additional location notices, see 14-8-5 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 45. 58 C.J.S. Mines and Minerals § 45.
NM Stat § 69-3-12.1 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 3 - Mining Locations and Operations|Section 69-3-12.1 - Annual labor and annual filings.

The owner of an unpatented lode or placer mining claim shall, prior to December 31 of each year following the calendar year in which such claim was located, file for record in the office of the clerk of the county in which the mining claim is located either a notice of intention to hold the mining claim (including but not limited to such notices as are provided by law to be filed when there has been a suspension or deferment of annual assessment work), an affidavit of assessment work performed thereon or for the benefit thereof, (stating, among other facts, that the assessment work was performed before 12:00 noon of September 1 of that calendar year) or a detailed report relating to geological, geophysical or geochemical surveys. An affidavit of assessment work shall set forth the time when such work was done and the amount, character and cost thereof, together with the name of the person who performed such work. The affidavit, when made and filed as herein provided, shall be prima facie evidence of the facts therein stated. The failure to make and file the affidavit as herein provided, shall, in any contest, suit or proceeding touching the title to such claim, place the burden of proof upon the owner of the claim to show that the work has been done according to law. History: 1978 Comp., § 69-3-12.1, enacted by Laws 1981, ch. 310, § 6.
NM Stat § 69-3-13 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 3 - Mining Locations and Operations|Section 69-3-13 - [Alteration, removal or destruction of location marks or notice; penalty.]

Any person who shall take down, remove, alter or destroy any stake, post, monument or notice of location upon any mining claim without the consent of the owner or owners thereof shall be deemed guilty of a misdemeanor, and on conviction, shall be punished by a fine not exceeding one hundred dollars [($100)] or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. History: Laws 1889, ch. 25, § 5; C.L. 1897, § 2302; Code 1915, § 3451; C.S. 1929, § 88-107; 1941 Comp., § 67-207; 1953 Comp., § 63-2-7. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 377 et seq. 58 C.J.S. Mines and Minerals § 47.
NM Stat § 69-3-14 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 3 - Mining Locations and Operations|Section 69-3-14 - [Defacing or changing location notice; penalty; correction of errors.]

Any person or persons, or the manager, officer, agent or employe [employee] of any person, firm, corporation or association, who shall in any manner alter, deface or change the location notice of any mining claim in this state, located under the laws of the United States and of this state, or any local regulations in force in the district wherein such claim is situated, thereby in any manner affecting the rights of any person, firm or corporation, to such claim or location, or the land covered thereby, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction, shall be fined in a sum not less than one hundred dollars [($100)], nor more than five hundred dollars [($500)], or imprisoned in the county jail for not less than sixty days, nor more than one year, or by both such fine and imprisonment, in the discretion of the court trying the case. Nothing herein contained shall affect the rights of such locator or locators, and his or their assigns, to correct errors in such notice and file amended location notices as provided in Section 69-3-12 NMSA 1978, and the laws of the United States: provided, such change shall not affect or change the date of such location notice, or affect the rights of any other person. History: Laws 1897, ch. 58, § 3; C.L. 1897, § 2311; Code 1915, § 3452; C.S. 1929, § 88-108; 1941 Comp., § 67-208; 1953 Comp., § 63-2-8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 377 et seq. 58 C.J.S. Mines and Minerals §§ 45, 131.
NM Stat § 69-3-15 to 69-3-17 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 3 - Mining Locations and Operations|Section 69-3-15 to 69-3-17 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 310, § 7, repealed 69-3-15 to 69-3-17 NMSA 1978, relating to annual labor and evidence of assessment work, effective May 20, 1981. For present provisions, see 69-3-12.1 NMSA 1978.
NM Stat § 69-3-18 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 3 - Mining Locations and Operations|Section 69-3-18 - [Abandonment of mining claims; methods; encumbered claims.]

In addition to the provision of law now in force in respect to the abandonment of mining claims, they may be abandoned in the following manner: the owner or owners of any mining claim, wishing to abandon the same, may sign and acknowledge in the same manner provided by law for the acknowledgment of deeds, and file for record in the office of the county clerk, a certificate describing the same, stating when and by whom located, the name of the claim, the book and page where the notice of location of such claim is recorded; that he or they give up and abandon such claim, and that the same is open and subject to relocation. Upon the filing of such certificate, the mining claim therein described shall be considered abandoned and open to relocation as if the same had never been located, and the owner or owners thereof forever estopped from claiming any right or interest therein under the location mentioned in said certificate; provided, that this provision for abandonment shall not apply to any claim or location upon which any mortgage, lien or other encumbrance exists. History: Laws 1889, ch. 25, § 6; C.L. 1897, § 2303; Code 1915, § 3458; C.S. 1929, § 88-114; 1941 Comp., § 67-212; 1953 Comp., § 63-2-12. ANNOTATIONSSection merely recites common-law rule that upon effective abandonment of an entire claim the claim is open to relocation as if it had never been located. Laguna Dev. Co. v. McAlester Fuel Co., 1977-NMSC-105, 91 N.M. 244, 572 P.2d 1252. It has no applicability to abandonment by one cotenant of his interest in a mining claim, which is insufficient to work an abandonment as against remaining cotenants. Laguna Dev. Co. v. McAlester Fuel Co., 1977-NMSC-105, 91 N.M. 244, 572 P.2d 1252. Abandonment must be by owner or all co-owners. — This section clearly contemplates an effective abandonment of the entire mining claim by its owner or by all of its co-owners together. Laguna Dev. Co. v. McAlester Fuel Co., 1977-NMSC-105, 91 N.M. 244, 572 P.2d 1252. Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 377 et seq. Validity and construction of statutes providing for reversion of mineral estates for abandonment or nonuse, 16 A.L.R.4th 1029. 58 C.J.S. Mines and Minerals § 78.
NM Stat § 69-3-19 to 69-3-21 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 3 - Mining Locations and Operations|Section 69-3-19 to 69-3-21 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 310, § 7, repealed 69-3-19 to 69-3-21 NMSA 1978, relating to placer mining claims, effective May 20, 1981.
NM Stat § 69-3-22 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 3 - Mining Locations and Operations|Section 69-3-22 - [Size of placer mining claims.]

The size of the claim or claims to be located under Sections 69-3-19 to 69-3-21 NMSA 1978 [repealed], and the amount of annual assessment work to be done thereon in order to hold possession of and secure patent to the same shall be the same as provided by Revised Statutes of the United States. History: Laws 1909, ch. 65, § 4; Code 1915, § 3462; C.S. 1929, § 88-118; 1941 Comp., § 67-216; 1953 Comp., § 63-2-16. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Sections 69-3-19 to 69-3-21 NMSA 1978 were repealed by Laws 1981, ch. 310, § 7, effective May 20, 1981. Cross references. — For provisions of the Revised Statutes of the United States, see 30 U.S.C. §§ 26, 27, 28, 28b, 29 to 35. Law reviews. — For note, "New Mexico Statute Eliminates Previous Mining Law Discovery Work Requirements," see 22 Nat. Resources J. 433 (1982). Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 45. 58 C.J.S. Mines and Minerals §§ 44, 67 to 77.
NM Stat § 69-3-23 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 3 - Mining Locations and Operations|Section 69-3-23 - [Regulations by private landowners as to mining locations; recording; amending.]

The owner or owners of lands within this state, the title to which has been vested by letters patent from the United States government, may make and file in the office of the county clerk of the county in which such lands are situated, such rules and regulations, not inconsistent with the laws of the United States and of this state, as they may see fit, governing the location and acquisition of mining claims thereon, which rules and regulations when so filed shall be binding upon all parties, and a copy thereof duly certified by the county clerk shall be received and admitted as evidence in any suit or proceedings relating to such mining claims; such rules and regulations may be changed and supplemented from time to time by other rules and regulations filed in like manner, providing that such change shall not affect rights acquired prior thereto. History: Laws 1897, ch. 58, § 7; C.L. 1897, § 2314; Code 1915, § 3514; C.S. 1929, § 88-701; 1941 Comp., § 67-217; 1953 Comp., § 63-2-17. ANNOTATIONSCross references. — For the meaning of "county clerk", see 69-3-1 NMSA 1978 and notes thereto. Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 3. 58 C.J.S. Mines and Minerals §§ 132 to 142.
NM Stat § 69-3-24 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 3 - Mining Locations and Operations|Section 69-3-24 - [No trespassing notices.]

Whenever the owner or lessee of any mining property in the state of New Mexico shall desire to operate the same and to prevent trespassers from entering thereon, such owner or lessees [lessee] may post notices in English and Spanish in at least three public places upon said premises, warning all persons from entering upon said property without permission of the owner or lessee or his or their authorized agent or superintendent, which notices shall describe the boundaries of said property. History: Laws 1905, ch. 28, § 1; Code 1915, § 3516; C.S. 1929, § 88-703; 1941 Comp., § 67-218; 1953 Comp., § 63-2-18. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For publication in lieu of posting, see 14-11-12 NMSA 1978. Applies only when property operated. — This section and the penalty provision contemplate the posting of mining property only in case the property is being operated. One making delivery of goods ordered by a tenant in dwelling house on the property is not liable to the penalty. State v. Vincioni, 1925-NMSC-009, 30 N.M. 472, 239 P. 281. Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals §§ 379, 380, 381. Trespass by lessee, liability of lessor of mining property to true owner, 127 A.L.R. 1020. Injunction against repeated or continuing trespasses on real property, 60 A.L.R.2d 310. Recovery for unauthorized geophysical or seismograph exploration or survey, 67 A.L.R.2d 444. 58 C.J.S. Mines and Minerals § 45.
NM Stat § 69-3-25 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 3 - Mining Locations and Operations|Section 69-3-25 - [Penalty for trespass; exceptions.]

After the posting of such notices, it shall be unlawful for any person to enter upon said premises without such permission, and any person violating the provisions of the proceding [preceding] section [69-3-24 NMSA 1978] shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by fine not exceeding fifty dollars [($50.00)] or imprisonment in the county jail for a period not exceeding thirty days, or both such fine and imprisonment, in the discretion of the court: provided, that this section shall not apply to any person or persons entering said premises in good faith for the purpose of ascertaining whether assessment work has been done, or for the purpose of making a location on government land. History: Laws 1905, ch. 28, § 2; Code 1915, § 3517; C.S. 1929, § 88-704; 1941 Comp., § 67-219; 1953 Comp., § 63-2-19. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 377 et seq. 58 C.J.S. Mines and Minerals § 131.
NM Stat § 69-3-26 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 3 - Mining Locations and Operations|Section 69-3-26 - [Trespass against person rightfully in possession.]

When any person, firm or corporation shall be lawfully and peaceably in possession of any mining claim in this state and shall have complied with all the requirements of law and regulations in force in the district in which said mining claim is situated, such persons, firm or corporation shall be deemed to be the rightful possessor of such mining claim and of the land included therein; and any person or the officer, agent or employe [employee] of any corporation who shall by force, intimidation, fraud or stealth, or in the temporary absence of the rightful possessor, enter upon such mining claim with intent to hold the same, or any part thereof, against the rightful possessor shall be considered a trespasser, and the judge of the district court for the district in which such claim is situated shall, upon the proper showing of such facts made by affidavit or by oral testimony upon a hearing ordered for that purpose, and upon the filing with the clerk of said district court of a good and sufficient bond, grant an order to show cause why a writ of injunction should not issue, enjoining and restraining such trespasser, his servants, agents and employes [employees] and any person associated with him, from in any manner interfering with the rightful possessor in the possession of such claim until the final disposition of such cause. History: Laws 1897, ch. 58, § 5; C.L. 1897, § 2313; Code 1915, § 3475; C.S. 1929, § 88-213; 1941 Comp., § 67-220; 1953 Comp., § 63-2-20. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For ejectment, see 42-4-21 to 42-4-30 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals §§ 379, 380, 381. Forcible entry and detainer or unlawful detainer as applicable in case of "lease" of minerals or oil or gas, 107 A.L.R. 661. 58 C.J.S. Mines and Minerals §§ 32, 33.
NM Stat § 69-3-27 (2021)
2021 New Mexico Statutes|Chapter 69 - Mines|Article 3 - Mining Locations and Operations|Section 69-3-27 - [Trespass by livestock; liability of owner.]

The owner of any livestock in this state shall not be liable to the owner or his agent or [of] any mining or mineral claim or millsite for damages done by way of trespass upon the same by said livestock other than for actual damage done to buildings, tents, mining supplies or other personal property situated thereon: provided, that nothing in this section shall be construed as abridging or curtailing any of the existing rights of any such owner whenever any such mining or mineral claim or millsite may be used by the owners thereof, his tenant or lessee, as a livestock ranch. History: Laws 1889, ch. 105, § 1; C.L. 1897, § 2327; Code 1915, § 3515; C.S. 1929, § 88-702; 1941 Comp., § 67-221; 1953 Comp., § 63-2-21. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Liability for personal injury or death caused by trespassing or intruding livestock, 49 A.L.R.4th 710.