reglab/housing_qa huggingface dataset:
NM Stat § 19-2-11 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 2 - United States Lands|Section 19-2-11 - [Holloman air force base; jurisdiction ceded; limitations.]

Exclusive jurisdiction is hereby ceded to the United States over the following described territory situated within the Holloman air force base and within Otero county, state of New Mexico, to wit: sections 1, 3, 10, 11, 11 [sic], 12, 14, 15, the west half of the northwest quarter of section 23, and the east half of the northeast quarter of section 22 in township 17 south, range 8 east, New Mexico prime meridian. Provided, however, that the state of New Mexico reserve [reserves] the right to serve civil or criminal process within the territory herein ceded in suits or prosecutions for or on account of rights acquired, obligations incurred or crimes committed in said state, but outside of such ceded territory, and provided further that the jurisdiction ceded shall continue no longer than the United States shall own and hold said reservation for military purposes. History: Laws 1953, ch. 63, § 1; 1953 Comp., § 7-2-9. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For service of civil and criminal process, see Rules 1-004 and 5-103 NMRA, respectively. Applicability of Children's Code. — The state can exercise its jurisdiction and apply the provisions of the Children's Code (Chapter 32A NMSA 1978) to those who reside on a federal military enclave because, in those areas where the federal government has no laws or regulations, there is no interference by the state when it asserts jurisdiction; in such cases, there would be no need for the federal government to relinquish its jurisdiction as provided in Section 19-2-2 NMSA 1978. State ex rel. Children, Youth & Families Dep't v. Debbie F., 1995-NMCA-113, 120 N.M. 665, 905 P.2d 205, cert denied, 120 N.M. 533, 903 P.2d 844.
NM Stat § 19-2-12 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 2 - United States Lands|Section 19-2-12 - [Exchange of lands with United States.]

That the commissioner of public lands of the state of New Mexico is hereby authorized to enter into agreements with the secretary of the interior of the United States for the exchange of any lands of the state of New Mexico over which the commissioner of public lands is given the control, care and disposition for lands of the United States of equal value and in making such exchange, the commissioner of public lands is authorized to convey to the United States such lands to be given in exchange and to accept on behalf of the state of New Mexico title to lands given by the United States in such exchange; provided, however, the commissioner of public lands in his discretion may reserve title, to all oil, gas and other minerals or as to any specific minerals, in and under and that may be produced from any lands conveyed to the United States in exchange for lands of the United States of equal value, and provided further, that if such state lands lie within 25 miles from the exterior boundaries of any existing military reservation or, if they are being acquired by the secretary of interior for the purpose of permitting them to be withdrawn for military purposes, then no such exchange shall be effected without the consent of owner or owners of any leases issued by the state of New Mexico covering said lands until the rights of all such lessees have been acquired by the United States through purchase or condemnation proceedings. History: 1953 Comp., § 7-2-11, enacted by Laws 1957, ch. 74, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-3-2 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 3 - Occupation of Public Lands|Section 19-3-2 - [Copy of record as evidence.]

The original notice when recorded, the record thereof provided for in the previous section [19-3-1 NMSA 1978], and a duly certified copy of said record shall be received in evidence with the same effect as deeds of conveyances, their records and copies thereof are now received under the laws of this state, in the trial of any action with reference to said lands contained in said notice or any part thereof. History: Laws 1878, ch. 6, § 2; C.L. 1884, § 2580; C.L. 1897, § 3754; Code 1915, § 4643; C.S. 1929, § 111-116; 1941 Comp., § 8-302; 1953 Comp., § 7-3-2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For evidential effect of photographed or microfilmed documents or records, see 14-1-6, 14-3-15 NMSA 1978. For rules regarding introduction into evidence of writings, recordings and photographs, see Rules 11-1001 to 11-1008.
NM Stat § 19-3-3 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 3 - Occupation of Public Lands|Section 19-3-3 - [Transfer of rights; consent of wife; exemption from sale under execution.]

The owner of what is known as a valid claim or improvement under the laws of this state, on public lands of the United States, shall be deemed in possession of a transferable interest therein, and any sale of such improvement shall be considered a sufficient consideration to support a promise: provided, that no such sale shall be valid to convey such improvement when made by the head of a family, unless the wife of the vendor, if any there be, shall give her consent thereto: and provided, also, that such land and the claim thereto shall be exempt from forced sale under execution. History: Laws 1851-1852, p. 274; C.L. 1865, ch. 86 (2d), § 1; C.L. 1884, § 2571; C.L. 1897, § 3745; Code 1915, § 4634; C.S. 1929, § 111-107; 1941 Comp., § 8-303; 1953 Comp., § 7-3-3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For joinder of spouses required for transfers of real property, see 40-3-13 to 40-3-16 NMSA 1978. For provisions on homestead exemption, see 42-10-9 to 42-10-11 NMSA 1978. For rules governing garnishment and writs of execution in the district, magistrate, and metropolitan courts, see Rules 1-065.1, 2-801, and 3-801 NMRA, respectively. For form for claim of exemptions on executions, see Rule 4-803 NMRA. For form for order on claim of exemption and order to pay in execution proceedings, see Rule 4-804 NMRA. For form for application for writ of garnishment and affidavit, see Rule 4-805 NMRA. For form for notice of right to claim exemptions from execution, see Rule 4-808A NMRA. For form for claim of exemption from garnishment, see Rule 4-809 NMRA. Water right is not improvement on land. First State Bank v. McNew, 1928-NMSC-040, 33 N.M. 414, 269 P. 56, overruled by Walker v. United States, 2007-NMSC-038, 142. N.M. 45, 162 P.3d 882. Removal of improvements. — This section does not attempt to give the owner of improvements upon public lands the right to remove the same, after such lands have passed into the possession of a bona fide entryman or purchaser from the government. Patterson v. Chaney, 1918-NMSC-077, 24 N.M. 156, 173 P. 859, distinguished in McCool v. Ward, 1949-NMSC-059, 53 N.M. 467, 211 P.2d 131. Am. Jur. 2d, A.L.R. and C.J.S. references. — Rights as between adverse claimants to improvements placed on public lands, 6 A.L.R. 95. Betterment or Occupying Claimant Acts as available to plaintiff seeking affirmative relief, 137 A.L.R. 1078. 73A C.J.S. Public Lands § 41.
NM Stat § 19-3-4 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 3 - Occupation of Public Lands|Section 19-3-4 - [Timber and articles reduced to possession; property right.]

Timber or other articles of value on the lands of the United States, reduced to possession by any person, shall be deemed the property of such person against all persons except the United States, or some person claiming under them. History: Laws 1851-1852, p. 274; C.L. 1865, ch. 86 (2d), § 2; C.L. 1884, § 2572; C.L. 1897, § 3746; Code 1915, § 4635; C.S. 1929, § 111-108; 1941 Comp., § 8-304; 1953 Comp., § 7-3-4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-3-5 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 3 - Occupation of Public Lands|Section 19-3-5 - [Common pastures.]

All public lands, proper for pasturing horned cattle, sheep and horses, of any class whatever, are reserved for such purpose, and declared common pastures. History: Laws 1861-1862, p. 274; C.L. 1865, ch. 86 (2d), § 4; C.L. 1884, § 2573; C.L. 1897, § 3747; Code 1915, § 4636; C.S. 1929, § 111-109; 1941 Comp., § 8-305; 1953 Comp., § 7-3-5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Application. — This section does not apply to lands covered by indemnity on selections by the state. Makemson v. Dillon, 1918-NMSC-040, 24 N.M. 302, 171 P. 673. "Sheeping off" of lands. — Compiled Laws 1897, § 102 was a valid exercise of the police power to prevent "sheeping off" of lands near settlements, and sheep for breeding were within the statute which, however, was repealed by the general repealing clause of the 1915 Code after this action was brought. Although this section and Section 19-3-6 NMSA 1978 were enacted prior thereto, they did not affect C.L. 1897, § 102, even if in conflict with it. State v. Coppinger, 1916-NMSC-012, 21 N.M. 435, 155 P. 732. Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962). Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Lands §§ 22 to 30. Constitutionality and construction of statutes relating to grazing and pasturing sheep or goats on public land, 70 A.L.R. 410. 73A C.J.S. Public Lands §§ 19 to 23.
NM Stat § 19-3-6 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 3 - Occupation of Public Lands|Section 19-3-6 - [Use of common pasturage.]

Said lands shall not be used by any person as private property, but shall be held as public property for the use of any person, and common to all. History: Laws 1861-1862, p. 274; C.L. 1865, ch. 86 (2d), § 5; C.L. 1884, § 2574; C.L. 1897, § 3748; Code 1915, § 4637; C.S. 1929, § 111-110; 1941 Comp., § 8-306; 1953 Comp., § 7-3-6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
NM Stat § 19-3-7 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 3 - Occupation of Public Lands|Section 19-3-7 - [Meadows in common pastures; enclosure for hay.]

All persons are prohibited from occupying any meadow situated upon the public lands, and known as public pasture ground, for the purpose of speculating with the hay thereon, to the great detriment of the entire community: provided, however, one hundred and sixty acres may be so occupied by enclosing the same with a secure fence, and not otherwise. History: Laws 1865, ch. 16, § 1; C.L. 1884, § 2575; C.L. 1897, § 3749; Code 1915, § 4638; C.S. 1929, § 111-111; 1941 Comp., § 8-307; 1953 Comp., § 7-3-7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-3-8 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 3 - Occupation of Public Lands|Section 19-3-8 - [Exclusive occupation of meadow; penalty; civil damages.]

Should any person, contrary to the provisions of the preceding section [19-3-7 NMSA 1978], take possession of and appropriate to himself any such meadow with the object of selling the hay thereof, or to impede or prevent animals from grazing thereupon, or kill or otherwise injure such animals, the same shall be liable to punishment upon conviction in the district court, by fine of not more than one hundred and fifty [($150)] or not less than fifty dollars [($50.00)], provided, the party so offending shall be responsible in civil action to the party interested for all damages the latter may have suffered. History: Laws 1865, ch. 16, § 2; C.L. 1884, § 2576; C.L. 1897, § 3750; Code 1915, § 4639; C.S. 1929, § 111-112; 1941 Comp., § 8-308; 1953 Comp., § 7-3-8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-3-9 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 3 - Occupation of Public Lands|Section 19-3-9 - [Proceedings before magistrate.]

The justice of the peace [magistrate] before whom complaint shall have been made for a violation of the two foregoing sections [19-3-7, 19-3-8 NMSA 1978], shall immediately enter upon the due investigation of the same, as by law required in the case of other offenses, and shall transmit his proceedings to the proper court. History: Laws 1865, ch. 16, § 3; C.L. 1884, § 2577; C.L. 1897, § 3751; Code 1915, § 4640; C.S. 1929, § 111-113; 1941 Comp., § 8-309; 1953 Comp., § 7-3-9. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The office of justice of the peace was abolished by 35-1-38 NMSA 1978, and all jurisdiction, powers and duties conferred by law on justices of the peace have been transferred to the magistrate court.
NM Stat § 19-3-10 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 3 - Occupation of Public Lands|Section 19-3-10 - [Jurisdiction of magistrate and of district court.]

When the damages claimed shall not exceed one hundred dollars [($100)], judgment shall be rendered against the party as in a civil action the same as in other civil actions, but should they exceed one hundred dollars [($100)], then and in this case the party aggrieved shall apply in the district court for his justification and his rights. History: Laws 1865, ch. 16, § 4; C.L. 1884, § 870; C.L. 1897, § 1295; Code 1915, § 4641; C.S. 1929, § 111-114; 1941 Comp., § 8-310; 1953 Comp., § 7-3-10. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The office of justice of the peace was abolished by 35-1-38 NMSA 1978, and all jurisdiction, powers and duties conferred by law on justices of the peace have been transferred to the magistrate court. Cross references. — For limits of magistrate's jurisdiction in civil matters, see 35-3-3 NMSA 1978.
NM Stat § 19-3-11 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 3 - Occupation of Public Lands|Section 19-3-11 - [Unlawful enclosure of public lands.]

It shall not be legal for any person or persons, company or corporation, to construct and maintain inclosures [enclosures] upon land considered and held as public land in this state, nor to apply the same to private use, which may result in prejudice to the citizens thereto, unless the same be made and sustained in conformity with the provisions of the United States laws relative to government lands or the laws of this state. History: Laws 1882, ch. 42, § 1; C.L. 1884, § 870; C.L. 1897, § 1295; Code 1915, § 4632; C.S. 1929, § 111-105; 1941 Comp., § 8-311; 1953 Comp., § 7-3-11. 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. — 63A Am. Jur. 2d Public Lands § 36. 73A C.J.S. Public Lands § 7.
NM Stat § 19-3-12 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 3 - Occupation of Public Lands|Section 19-3-12 - [Occupying or denying others use of public land; penalty.]

Any person who shall, contrary to the provisions of the preceding section [19-3-11 NMSA 1978], be found occupying, or trying to deprive others of the free use and pasturing upon the public land, under the pretext of a deed, upon conviction thereof before any court having jurisdiction in the matter, shall be fined in a sum of not less than ten dollars [($10.00)], and shall besides, be liable for the damages caused thereto. History: Laws 1882, ch. 42, § 4; C.L. 1884, § 873; C.L. 1897, § 1298; Code 1915, § 4633; C.S. 1929, § 111-106; 1941 Comp., § 8-312; 1953 Comp., § 7-3-12. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For disposition of fines and forfeitures collected under general law, see N.M. Const., art. XII, § 4. Am. Jur. 2d, A.L.R. and C.J.S. references. — 73A C.J.S. Public Lands § 18.
NM Stat § 19-3-14 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 3 - Occupation of Public Lands|Section 19-3-14 - [Second or subsequent use of range; conditions.]

Whenever any person, company or corporation turns loose on any range in this state, already occupied or in the possession of another or others by virtue of their having complied with the provisions of the preceding section [19-3-13 NMSA 1978], he or they must be the owner or owners of, or must be lawfully entitled to the possession of some other living, permanent water upon such range, sufficient for the proper maintenance of all such additional cattle so turned loose, other than that owned by or lawfully possessed, or lawfully in the possession of any other person, company or corporation that may have previously appropriated, stocked or taken possession of such range in accordance with the provisions of this and the preceding section; and such person, company or corporation so turning loose cattle upon such range must at all times, furnish, supply and maintain upon such range such other permanent living water free and unfenced and upon the surface of the ground. History: Laws 1889, ch. 61, § 2; C.L. 1897, § 128; Code 1915, § 4629; C.S. 1929, § 111-102; 1941 Comp., § 8-314; 1953 Comp., § 7-3-14. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
NM Stat § 19-3-15 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 3 - Occupation of Public Lands|Section 19-3-15 - [Use of public land for range without owning water right; penalty.]

Any person, company or corporation violating the provisions of the preceding section [19-3-14 NMSA 1978] shall be guilty of a misdemeanor and punishable by imprisonment in the county jail of the county wherein the offense was committed, for a period not to exceed six months, or by a fine of not less than one hundred dollars [($100)] nor more than one thousand dollars [($1,000)], and such person, company or corporation violating such provisions as aforesaid shall further be liable to any party or parties injured for all damages which such party or parties may sustain; the same to be recoverable by a civil suit. All fines and costs so assessed and all damages which may at any time be awarded shall be and constitute a lien upon such herd of cattle. History: Laws 1889, ch. 61, § 3; C.L. 1897, § 129; Code 1915, § 4630; C.S. 1929, § 111-103; 1941 Comp., § 8-315; 1953 Comp., § 7-3-15. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Grant of exclusive right invalid. — Any attempt on the part of the legislature to grant the exclusive right or occupancy upon part of a public domain would be clearly within the prohibition of the act of congress of February 25, 1885, and invalid, for defendant cannot be restrained by injunction from permitting his animals to graze on unenclosed lands of plaintiff. Yates v. White, 1925-NMSC-012, 30 N.M. 420, 235 P. 437; Hill v. Winkler, 1915-NMSC-077, 21 N.M. 5, 151 P. 1014, explained in Vanderford v. Wagner, 1918-NMSC-099, 24 N.M. 467, 174 P. 426, distinguished in Johnson v. Hickel, 1923-NMSC-002, 28 N.M. 349, 212 P. 338.
NM Stat § 19-3-16 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 3 - Occupation of Public Lands|Section 19-3-16 - [Each day's violation a separate offense.]

Each day's violation of the provisions of the first two sections [19-3-13, 19-3-14 NMSA 1978] of this chapter shall be and constitute a separate cause of action against any person, company or corporation violating the same. History: Laws 1889, ch. 61, § 4; C.L. 1897, § 130; Code 1915, § 4631; C.S. 1929, § 111-104; 1941 Comp., § 8-316; 1953 Comp., § 7-3-16. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-4-1 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 4 - Townsites|Section 19-4-1 - [Patents of townsites to be recorded.]

It shall be the duty of any person who receives a patent from the government of the United States for a townsite in the state of New Mexico, to at once file such patent for record with the county clerk of the county wherein such townsite is situated. History: Laws 1909, ch. 50, § 1; Code 1915, § 5513; C.S. 1929, § 144-101; 1941 Comp., § 8-501; 1953 Comp., § 7-5-1. 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. — 73A C.J.S. Public Lands § 52.
NM Stat § 19-4-2 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 4 - Townsites|Section 19-4-2 - [Failure to record townsite patent; penalty.]

Any person or persons failing to file for record the patent they have received for a townsite in the state of New Mexico, shall, upon conviction, before any court of competent jurisdiction, be imprisoned in the county jail for a period of not less than one year, and be fined in a sum of not less than five hundred dollars [($500)], together with the costs of the prosecution. History: Laws 1909, ch. 50, § 2; Code 1915, § 5514; C.S. 1929, § 144-102; 1941 Comp., § 8-502; 1953 Comp., § 7-5-2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-4-3 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 4 - Townsites|Section 19-4-3 - [Prosecutions for failure to record; duty of district attorneys.]

It is hereby made the duty of the several district attorneys in the state of New Mexico to prosecute all violators of the preceding section [19-4-2 NMSA 1978]. History: Laws 1909, ch. 50, § 3; Code 1915, § 5515; C.S. 1929, § 144-103; 1941 Comp., § 8-503; 1953 Comp., § 7-5-3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For provision on duties of district attorney, see 36-1-18 NMSA 1978.
NM Stat § 19-4-5 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 4 - Townsites|Section 19-4-5 - [Notice of suit; intervention.]

Such suit may be brought by any one or more of such occupants, or their heirs, executors, successors or assigns. Notice of such suit shall be by publication in the same manner that notice of the pendency of other civil suits by publication is made. Any party interested in the land embraced within the said townsite shall have the right to enter his appearance in said suit and to have his interest in the said land embraced in the said townsite adjudicated and determined. History: Laws 1912, ch. 12, § 2; Code 1915, § 5517; C.S. 1929, § 144-105; 1941 Comp., § 8-505; 1953 Comp., § 7-5-5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For publication of notice, see 14-11-1 to 14-11-13 NMSA 1978. For rule on service of process by publication, see Rule 1-004 NMRA. For rule on intervention in civil suit, see Rule 1-024 NMRA.