reglab/housing_qa huggingface dataset:
NM Stat § 19-4-38 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 4 - Townsites|Section 19-4-38 - [Unsold lots; petition; appraisers.]

Whenever it shall be made to appear to the judge of the district court of the county wherein the lands embraced within the limits of any townsite are situate, the title to which was and is vested in the probate judge of such county, by a verified petition that any lots, blocks, parts or parcels thereof have not been sold, disposed of and conveyed in the manner prescribed by law, that such lots, blocks, parts or parcels or any of them can be sold, that no board of trustees of such townsite was ever elected in the manner prescribed by law, or, if at any time a board was elected, that such board of trustees was not elected or actually acted as such board for more than two years next preceding the date of the verification of the petition, and that the petitioner or petitioners will deposit in court such sum of money as the court may order to cover all costs of procedure hereinafter mentioned in this chapter in case the lands are not sold, then the judge of such district court shall appoint, by order and decree, a board of appraisers to consist of three residents of the county wherein such townsite is situated, who shall have no interest in such unsold, undisposed of and unconveyed lots, blocks, parts and parcels of land. Each of said appraisers shall take an oath to faithfully discharge his duties as such appraiser and shall file such oath in the office of the clerk of said district court before commencing his duties as such appraiser within ten days after his appointment. In case such appraisers or any of them should fail or neglect to file his or their oath or oaths with the said clerk within the time above limited, then the judge of such district court shall appoint another or other appraisers in place of the appraiser or appraisers so failing to file his or their oath or oaths. History: Laws 1907, ch. 43, § 1; Code 1915, § 5551; C.S. 1929, § 144-139; 1941 Comp., § 8-539; 1953 Comp., § 7-5-39. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The words "this chapter" were inserted by the 1915 Code compilers, and referred to Chapter 108 of that code, which is identical to this article.
NM Stat § 19-4-39 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 4 - Townsites|Section 19-4-39 - [Appraisement; report; compensation.]

Such appraisers shall within twenty days from the time of filing their oaths appraise all lots, blocks, parts or parcels of land mentioned and described in the petition, order and decree of said court at their just and full cash value and when their appraisement has been completed, forthwith file in the office of the clerk of such district court a report of their actions and doings and appraisements verified by their respective oaths. In case of the members of said board not agreeing in their appraisement, the valuation and appraisement of the majority of said members of the board shall control and fix the valuation and appraisement of the respective lots, blocks, parts and parcels of land appraised. Each of such appraisers shall receive three dollars [($3.00)] a day for his services, but in no case shall more than five days be charged for making such valuation and appraisement. History: Laws 1907, ch. 43, § 2; Code 1915, § 5552; C.S. 1929, § 144-140; 1941 Comp., § 8-540; 1953 Comp., § 7-5-40. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-4-40 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 4 - Townsites|Section 19-4-40 - [Preference right of possessor to purchase.]

In all cases where such unsold, undisposed of and unconveyed lots, blocks, parts or parcels of land are in the possession of any person, persons, company, companies, corporation or corporations, such person, persons, company, companies, corporation or corporations shall have the right to purchase the lands at private sale for the appraised value thereof and the probate judge must make and execute to such person, persons, company, companies, corporation or corporations, a proper deed therefor upon the payment to him of the purchase price. History: Laws 1907, ch. 43, § 3; Code 1915, § 5553; C.S. 1929, § 144-141; 1941 Comp., § 8-541; 1953 Comp., § 7-5-41. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-4-41 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 4 - Townsites|Section 19-4-41 - [Commissioner; sale; notice by publication; deeds; fees.]

The judge of said district court in all cases other than those mentioned in the preceding section [19-4-40 NMSA 1978] shall appoint a commissioner who shall be a resident of the county in which such townsite is situate to make sale of the lots, blocks, parts or parcels of such townsite not covered by the provisions of the preceding section, either at public or private sale. In case of public sale such commissioner shall give notice thereof by publication for four consecutive weeks in a newspaper published at the county seat of the county where such townsite is situate, and by posting three notices at public places within the limits of such townsite. In no case shall any of the lots, blocks, parts or parcels of land be sold for less than their appraised value. Whenever the lands for sale in the hands of the commissioner can be disposed of for more than or at their appraised value the same shall be sold by him within ninety days from the day of his appointment. Upon the payment to such commissioner of the purchase price of any lot or lots, block or blocks, parts or parcels of land such commissioner shall give a receipt to the purchaser or purchasers for the purchase price, containing a description of the lands sold to such purchaser or purchasers; and upon the presentation of such receipt to the probate judge of the county where the land so sold is situate and in whom the title thereto is vested, such probate judge shall forthwith make, deliver and execute a sufficient deed to the purchaser or purchasers for the lands described in such receipt. Such commissioner shall receive for his fees and in full payment for his services five per centum of the purchase price on all lands sold by him. The probate judge shall receive for executing a deed under the provisions of this chapter the sum of two and fifty one-hundredths dollars ($2.50). The receipt of the commissioner shall be filed in the office of the county clerk and recorded, for which filing and record the county clerk shall charge the sum of one dollar ($1.00). The judge of the probate court shall receive five per centum on all moneys received by him under the provisions of Section 19-4-40 NMSA 1978. Such commissioner shall give a bond for the faithful performance of his duties in such sum as the district court may designate. History: Laws 1907, ch. 43, § 4; Code 1915, § 5554; C.S. 1929, § 144-142; 1941 Comp., § 8-542; 1953 Comp., § 7-5-42. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The words "this chapter" were inserted by the 1915 Code compilers, and referred to Chapter 108 of that code, which is identical to this article. Cross references. — For publication of legal notice, see 14-11-1 to 14-11-13 NMSA 1978.
NM Stat § 19-4-42 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 4 - Townsites|Section 19-4-42 - [Disposition of proceeds.]

All expenses of sale shall first be deducted from the proceeds and the surplus, if any, shall be paid over by the said probate judge and the commissioner to the county treasurer for the benefit and to the use of the school district where such townsite is situated. History: Laws 1907, ch. 43, § 5; Code 1915, § 5555; C.S. 1929, § 144-143; 1941 Comp., § 8-543; 1953 Comp., § 7-5-43. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-5-2 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 5 - Classification, Care and Protection of State Lands|Section 19-5-2 - [Maps, plats and tract books for recording data.]

For the purpose of carrying into effect the provisions of this act [19-5-1, 19-5-2 NMSA 1978], the commissioner of public lands is authorized to install in his office such a system of maps, plats and tract books as shall be necessary and convenient for properly recording, in readily accessible form, such data as he may obtain, pertaining to the character of the state's lands. History: Laws 1919, ch. 78, § 3; C.S. 1929, § 111-203; 1941 Comp., § 8-602; 1953 Comp., § 7-6-2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-5-3 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 5 - Classification, Care and Protection of State Lands|Section 19-5-3 - [Fire protection; expenses.]

The commissioner is given authority to exercise the police power of the state in preventing and extinguishing fires upon any state lands, including lands under lease or contract of sale, and for such purposes he may enter upon private lands and may employ such assistants as may be necessary. He may allow such assistants while in actual discharge of their duties, per diem, in lieu of subsistence, at a rate not exceeding two and one-half dollars [($2.50)] and actual necessary transportation expenses, which shall be paid out of the state lands maintenance fund. History: Laws 1912, ch. 82, § 66; Code 1915, § 5244; C.S. 1929, § 132-178; 1941 Comp., § 8-603; 1953 Comp., § 7-6-3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For state lands maintenance fund, see 19-1-11 NMSA 1978. For prevention of fire on timberlands, see 68-1-1 to 68-1-5 NMSA 1978.
NM Stat § 19-5-4 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 5 - Classification, Care and Protection of State Lands|Section 19-5-4 - State engineer to investigate water supply.

The state engineer is authorized to investigate the water supply available for state lands, by drilling or digging wells or otherwise as he may deem best, in order to determine the location of permanent water reservoirs for irrigation purposes, and to employ the necessary assistance or to let contracts therefor. The sums heretofore appropriated for such purposes out of the water reservoirs for irrigation purposes income fund shall be paid out on warrants of the secretary of finance and administration, supported by vouchers signed by the state engineer. History: Laws 1913, ch. 85, § 1; Code 1915, § 5262; C.S. 1929, § 132-203; 1941 Comp., § 8-604; 1953 Comp., § 7-6-4; Laws 1977, ch. 247, § 88. ANNOTATIONSCompiler's notes. — Laws 1977, ch. 254, § 92, compiled as 72-2-1 NMSA 1978 made the director of the water resources division of the natural resources department the state engineer. Nature of funds. — Funds provided for by this section to Section 19-5-8 NMSA 1978 are not a mortgage or other encumbrance within Section 10 of the Enabling Act. 1931 Op. Att'y Gen. No. 31-335. Sale of well. — On sale or disposition of well drilled by state engineer on state lands, the purchaser should refund and pay its value to state treasurer to be credited to water reservoir for irrigation purposes income fund. 1931 Op. Att'y Gen. No. 31-335. Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 179. Discrimination between property within and that outside municipality or other governmental district as to public service or utility rates, 4 A.L.R.2d 595. Water well drilling contracts, 90 A.L.R.2d 1346.
NM Stat § 19-5-5 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 5 - Classification, Care and Protection of State Lands|Section 19-5-5 - [Wells to be equity of state.]

All such wells, so sunk or dug by the state engineer for said purpose, shall be declared an equity of the state besides the land on which such well is situated. History: Laws 1913, ch. 85, § 2; Code 1915, § 5263; C.S. 1929, § 132-204; 1941 Comp., § 8-605; 1953 Comp., § 7-6-5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — Laws 1977, ch. 254, § 92, compiled as 72-2-1 NMSA 1978 made the director of the water resources division of the natural resources department the state engineer.
NM Stat § 19-5-6 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 5 - Classification, Care and Protection of State Lands|Section 19-5-6 - [Purchaser of land to pay value of well.]

When the land, on which any such well is located or situated, is sold or disposed of to any person, corporation, partnership or society of persons, he or they shall refund and pay to the state treasurer for the state, to be credited to the water reservoirs for irrigation purposes income fund, the value of such well, said value to be based on the amount of money expended in the construction thereof by the state engineer as provided in the two preceding sections [19-5-4, 19-5-5 NMSA 1978]. This shall apply to wells on each particular forty acres of land, and shall be paid to the state in addition to the price of the land sold. History: Laws 1913, ch. 85, § 3; Code 1915, § 5264; C.S. 1929, § 132-205; 1941 Comp., § 8-606; 1953 Comp., § 7-6-6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Payment for well. — Upon sale or disposition of land, purchaser should refund and pay to the state treasurer the value of the well upon such property, as provided by this section. 1931, Op. Att'y Gen. No. 31-335.
NM Stat § 19-5-7 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 5 - Classification, Care and Protection of State Lands|Section 19-5-7 - [Irrigation systems; contracts for construction.]

The commissioner may contract with persons, associations of persons or corporations to construct irrigation systems for the purpose of irrigating and reclaiming state lands, and for the sale of such lands or any portion thereof, upon such terms and conditions as he may deem for the best interests of the state, not inconsistent with the provisions of law. History: Laws 1912, ch. 82, § 44; Code 1915, § 5222; C.S. 1929, § 132-145; 1941 Comp., § 8-607; 1953 Comp., § 7-6-7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-5-8 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 5 - Classification, Care and Protection of State Lands|Section 19-5-8 - [Proposal to construct irrigation system.]

Any person, association of persons or corporation desiring to construct any such irrigation system, shall file with the commissioner a proposal in all respects in accordance with law governing irrigation projects and regulations by the commissioner not inconsistent therewith. History: Laws 1912, ch. 82, § 45; Code 1915, § 5223; C.S. 1929, § 132-146; 1941 Comp., § 8-608; 1953 Comp., § 7-6-8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-5-9 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 5 - Classification, Care and Protection of State Lands|Section 19-5-9 - [Water developed by lessee; credit.]

The commissioner may contract with lessees of state lands to develop water thereon, and in consideration of any such improvement the lessee shall be credited with not to exceed one-third of the rental value of the land leased during the term of the lease. History: Laws 1912, ch. 82, § 46; Code 1915, § 5224; C.S. 1929, § 132-147; 1941 Comp., § 8-609; 1953 Comp., § 7-6-9. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-5-10 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 5 - Classification, Care and Protection of State Lands|Section 19-5-10 - [Water appropriation application.]

Before any contract as provided in Sections 19-5-7 to 19-5-9 NMSA 1978, shall issue, the applicant shall file with the commissioner a certificate of the state engineer showing a compliance with the laws, and regulations for the appropriation of water, and that applicant has the right to appropriate water for such purposes: provided, that no such contract shall operate to prevent the cancellation, according to law, of any permit to appropriate waters of the state. History: Laws 1912, ch. 82, § 47; Code 1915, § 5225; C.S. 1929, § 132-148; 1941 Comp., § 8-610; 1953 Comp., § 7-6-10. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — Laws 1977, ch. 254, § 92, compiled as 72-2-1 NMSA 1978 made the director of the water resources division of the natural resources department the state engineer.
NM Stat § 19-6-1 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 6 - Trespass and Violations Relating to State and United States Lands|Section 19-6-1 - [Fires on state lands; lighting or leaving; penalty.]

Any person who shall willfully and maliciously set on fire, or cause to be set on fire, any timber, underbrush or grass upon state lands, or shall leave or suffer fire to burn unattended near any timber or other inflammable material, shall be deemed guilty of a felony, and upon conviction thereof shall be imprisoned for not more than two years, or fined in a sum not more than one thousand dollars [($1,000)], or both. History: Laws 1912, ch. 82, § 67; Code 1915, § 5245; C.S. 1929, § 132-179; 1941 Comp., § 8-701; 1953 Comp., § 7-7-1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For fire offenses generally, including arson, see 30-17-1 to 30-17-6 NMSA 1978. Law reviews. — For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964). Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Fires §§ 5, 6; 63A Am. Jur. 2d Public Lands § 129. Liability for spread of fire intentionally set for legitimate purpose, 25 A.L.R.5th 391. 73A C.J.S. Public Lands §§ 7 to 12.
NM Stat § 19-6-2 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 6 - Trespass and Violations Relating to State and United States Lands|Section 19-6-2 - [Duty to extinguish fires; penalty for failure.]

Any person who shall build a fire in or near any forest, timber or other inflammable material upon state lands shall, before leaving said fire, totally extinguish the same. Any person failing to do so shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not more than one thousand dollars [($1,000)], or be imprisoned for a term of not more than one year, or both. History: Laws 1912, ch. 82, § 68; Code 1915, § 5246; C.S. 1929, § 132-180; 1941 Comp., § 8-702; 1953 Comp., § 7-7-2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For offense of improper handling of fire, see 30-17-1 NMSA 1978. For negligent arson, see 30-17-5 NMSA 1978. Law reviews. — For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).
NM Stat § 19-6-3 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 6 - Trespass and Violations Relating to State and United States Lands|Section 19-6-3 - [Trespass or waste; penalty.]

Any person, association of persons or corporation, in any manner entering upon, occupying or using for any purpose whatsoever any land belonging to the state, without having leased or purchased the same, or obtained a legal right to the use or occupation of the same, or any lessee of lands who shall not vacate same within thirty days after expiration or cancellation of his lease, or any person, association of persons or corporation constructing a ditch, reservoir, railroad, tramway, public or private road, telegraph, telephone or power line upon state lands, without legal authority, or any person, association of persons or corporation, whether lessee or not, committing waste upon any state lands or any lessee who shall use the lands leased for any purpose other than that specified in the lease, or purposes incident thereto, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars [($500)], and in default of payment thereof by imprisonment not to exceed six months. Each day's violation of any of the provisions of this section shall constitute a separate offense. History: Laws 1912, ch. 82, § 48; Code 1915, § 5226; C.S. 1929, § 132-149; 1941 Comp., § 8-703; 1953 Comp., § 7-7-3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For offense of criminal trespass, see 30-14-1 NMSA 1978. For offense of wrongful use of public property, see 30-14-4 NMSA 1978. For exemptions of state and federal government from property posting requirements, see 30-14-6 NMSA 1978. For imprisonment for failure to pay fine, see 33-3-11 NMSA 1978. For use of injunction to prevent trespass on community land grants, see 49-1-16 NMSA 1978. Remedies. — This section furnishes no remedy to a lessee and is not exclusive of the right to injunction for intentional trespasses upon leased lands. Makemson v. Dillon, 1918-NMSC-040, 24 N.M. 302, 171 P. 673. Grazing on state lands. — To constitute an offense under this section, it is not necessary that the stock be driven upon the state lands, if they are permitted to graze thereon. 1922 Op. Att'y Gen. No. 22-3498. No hunting charge by lessee. — The lessee of state lands for grazing purposes may post it against hunting, but cannot charge for hunting privilege. 1934 Op. Att'y Gen. No. 34-818. Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Lands § 128.
NM Stat § 19-6-4 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 6 - Trespass and Violations Relating to State and United States Lands|Section 19-6-4 - [Depredations; penalty.]

Any person who shall cut down, remove, destroy or injure, or who shall take, remove or carry away, any timber, trees or firewood standing, growing or lying upon any state lands, or who shall extract or remove, or attempt to extract or remove, from any state lands, any stone, minerals, oil, gas, salt or other natural products or deposit, or any lessee who shall permit the same to be done, without authority from the commissioner, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in the preceding section [19-6-3 NMSA 1978], and in addition thereto shall forfeit and pay to the state an amount double the value of material so cut, removed, destroyed, injured or extracted. History: Laws 1912, ch. 82, § 49; Code 1915, § 5227; C.S. 1929, § 132-150; 1941 Comp., § 8-704; 1953 Comp., § 7-7-4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For offense of wrongful use of public property, see 30-14-4 NMSA 1978. For criminal damage to property generally, see 30-15-1 to 30-15-4 NMSA 1978.