reglab/housing_qa huggingface dataset:
NM Stat § 19-7-60 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-60 - Claim for refund; contents; time limit; notice of erroneous payment; limitation of action.

A person claiming a refund under the provisions of Sections 19-7-59 through 19-7-63 NMSA 1978 shall file with the commissioner of public lands a written claim for refund, stating the amount claimed to have been erroneously paid and the reasons why such payment was erroneously made. All claims for refund of money shall be filed within ninety days after notice. If an erroneous payment of any money is discovered by the commissioner of public lands, notice of the discovery shall be given by the commissioner of public lands, as soon after the discovery as possible, by registered mail to the last recorded address of the person making the erroneous payment. A claim for a refund that is not filed with the commissioner of public lands within six years from the date the erroneous payment was made shall be forever barred; provided that if notice of an erroneous payment is given less than ninety days before the end of the six-year limitation, the period of time to file a claim shall be extended beyond the six-year limitation for the number of days necessary to provide ninety days to file the claim. History: Laws 1931, ch. 99, § 2; 1941 Comp., § 8-859; 1953 Comp., § 7-8-64; Laws 1979, ch. 234, § 2; 2007, ch. 61, § 2. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, barred claims for refund of erroneous payments after six years from the date of payment, but extends the time to file a claim after the six-year limitation period up to 90 days if a notice of erroneous payment is given less than 90 days before the end of the six-year limitation. Limitations inapplicable. — The statute on limitation of actions has no application to proceedings under Laws 1931, ch. 99 (Sections 19-7-59 to 19-7-63 NMSA 1978), and the commissioner of public lands should consider claims filed for refund of payments erroneously made regardless of time. 1932 Op. Att'y Gen. No. 32-506.
NM Stat § 19-7-62 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-62 - Annual appropriation for refunds; payment from state lands maintenance fund.

There is appropriated annually out of the state lands maintenance fund created by Section 19-1-11 NMSA 1978 the sum of five hundred thousand dollars ($500,000) or such part thereof as may be necessary for the purpose of making refunds of payments determined in the manner provided by Sections 19-7-59 through 19-7-63 NMSA 1978 to have been erroneously collected; provided, however, that any refund of money paid into any fund other than the state lands maintenance fund shall be made only out of that part of the state lands maintenance fund distributable to the fund into which such payment was erroneously made, under the provisions of Section 19-1-13 NMSA 1978. History: Laws 1931, ch. 99, § 4; 1941 Comp., § 8-861; 1953 Comp., § 7-8-66; Laws 1979, ch. 234, § 3; 2007, ch. 61, § 3. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, increased the annual appropriation for refunds from $200,000 to $500,000.
NM Stat § 19-7-63 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-63 - Erroneous distribution to permanent fund.

Refunds shall be made hereunder, of any money erroneously distributed to any permanent fund, only out of that part of the state lands maintenance fund distributable to that beneficiary into whose permanent fund the erroneous distribution was made. Provided, however, in the event the fund distributable to a beneficiary for the current fiscal year is insufficient to pay an approved refund, a temporary loan may be made to that beneficiary from that part of the maintenance fund as represents receipts for fees and copies. Such loans are repayable from distributable funds allocated to the beneficiary for the following fiscal year. History: 1978 Comp., § 19-7-63, enacted by Laws 1979, ch. 234, § 4. ANNOTATIONSRepeals and reenactments. — Laws 1979, ch. 234, § 4, repealed former 19-7-63 NMSA 1978, relating to the prohibition of refunds of money distributed to permanent funds and the bar of claims for refund not filed within a certain time, and enacted a new section. Cross references. — For time for filing claim for refund, see 19-7-60 NMSA 1978.
NM Stat § 19-7-65 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-65 - [Commissioner's power relative to oaths, witnesses and documents.]

In such contests, the commissioner shall have the same power as conferred by law upon referees relative to the administration of oaths, examination of witnesses and production of books, documents and other papers. History: Laws 1912, ch. 82, § 70; Code 1915, § 5248; C.S. 1929, § 132-182; 1941 Comp., § 8-864; 1953 Comp., § 7-8-69. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For masters (including referees), see Rule 1-053 NMRA.
NM Stat § 19-7-66 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-66 - [Perjury in contest proceedings; penalty.]

Every person who shall knowingly and willfully swear falsely, concerning any material matter or thing, respecting which he shall be required to depose in any such contest, shall be deemed guilty of perjury, and upon conviction thereof shall be punished by imprisonment for not more than five years, nor less than two years. History: Laws 1912, ch. 82, § 71; Code 1915, § 5249; C.S. 1929, § 132-183; 1941 Comp., § 8-865; 1953 Comp., § 7-8-70. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For false swearing in application to lease or purchase state lands, or appraisement of same, see 19-7-7 NMSA 1978. For offense of perjury generally, see 30-25-1, 30-25-2 NMSA 1978.
NM Stat § 19-7-67 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-67 - Contest; commissioner; appeal to district court.

A person aggrieved by a decision of the commissioner may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: Laws 1912, ch. 82, § 72; Code 1915, § 5250; C.S. 1929, § 132-184; 1941 Comp., § 8-866; 1953 Comp., § 7-8-71; Laws 1998, ch. 55, § 28; 1999, ch. 265, § 29. ANNOTATIONSCross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA. The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1". The 1998 amendment, effective September 1, 1998, rewrote this section to the extent that a detailed comparison is impracticable. Section does not violate any constitutional provision. Application of Dasburg, 1941-NMSC-024, 45 N.M. 184, 113 P.2d 569. Approval of sureties on bond. — The commissioner's duty to approve sureties on bond does not extend to the power of rejecting individual sureties and requiring one single, paid, corporate surety; such ruling is an abuse of his discretion. State ex rel. Walker v. Hinkle, 1933-NMSC-032, 37 N.M. 444, 24 P.2d 286. Lease cancellation appealable. — Lessee whose lease was canceled for subleasing without consent of commissioner of public lands was entitled to appeal to district court. Commissioner of Pub. Lands v. Van Bruggen, 1947-NMSC-009, 51 N.M. 108, 179 P.2d 528. Appeal of contract cancellation by trespasser. — A railroad, which was not a party to a case before state land commissioner initiated by an order to show cause why a contract to purchase realty on which such railroad as a trespasser had made improvements should not be canceled, was not in position to urge a judgment in the supreme court directing cancellation of the contract, but could appeal to district court. Application of Dasburg, 1941-NMSC-024, 45 N.M. 184, 113 P.2d 569. Mandamus unavailable. — This section provides an adequate remedy at law for anyone who is aggrieved by the action of the commissioner of public lands and, therefore, mandamus does not lie to compel the duties alleged to be due. Andrews v. Walker, 1955-NMSC-072, 60 N.M. 69, 287 P.2d 423. Unless right of appeal denied. — The commissioner cannot deny the right of appeal granted herein without being amendable to mandamus. State ex rel. Walker v. Hinkle, 1933-NMSC-032, 37 N.M. 444, 24 P.2d 286.
NM Stat § 19-7-69 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-69 - Repealed.

ANNOTATIONSRepeals. — Laws 1999, ch. 265, § 96 repealed 19-7-68 and 19-7-69 NMSA 1978, as enacted by Laws 1921, ch. 82, §§ 73 and 74, relating to contest proceedings, effective July 1, 1999. For provisions of former sections, see the 1998 NMSA 1978 on NMOneSource.com.
NM Stat § 19-8-1 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 8 - Lease of Mineral Lands|Section 19-8-1 - [Concealment of returns; defrauding state of royalty; penalty.]

Any lessee of mineral lands under this chapter who shall conceal, or attempt to conceal any of such returns, or who shall in any manner defraud, or attempt to defraud, the state out of any such royalty shall be deemed guilty of a felony, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than three years, or both; and his lease shall be forfeited in the manner hereinbefore provided in this chapter. History: Laws 1912, ch. 82, § 37; Code 1915, § 5214; C.S. 1929, § 132-137; 1941 Comp., § 8-906; 1953 Comp., § 7-9-6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The words "this chapter" apparently refer to ch. 102 of the 1915 Code, §§ 5178 to 5290, the presently effective sections of which are compiled herein as 19-1-1, 19-1-2, 19-1-4 to 19-1-6, 19-1-9 to 19-1-16, 19-1-21, 19-2-1, 19-5-3 to 19-5-10, 19-6-1 to 19-6-7, 19-7-1, 19-7-7, 19-7-8, 19-7-11, 19-7-13, 19-7-19 to 19-7-22, 19-7-25, 19-7-27 to 19-7-30, 19-7-34, 19-7-36, 19-7-50 to 19-7-53, 19-7-57, 19-7-58, 19-7-64 to 19-7-67, 19-8-1 to 19-8-3, 19-8-10, 19-8-12, 19-8-13, 19-9-1 to 19-9-8, 19-11-10 NMSA 1978. Cross references. — For forfeiture of lease for failure to pay rent, see 19-7-34 NMSA 1978. For grounds of forfeiture of grazing or agricultural leases, see 19-7-35 NMSA 1978. For forfeiture procedure on violation of lease or other written instrument, see 19-7-50 NMSA 1978. For forfeiture on failure to develop and operate mineral lands in workmanlike manner, see 19-8-13 NMSA 1978. For forfeiture of certain mineral leases for violation thereof, see 19-8-27 NMSA 1978. For lease of coal lands, see 19-9-9 NMSA 1978 et seq. For forfeiture on failure to comply with terms of coal lease, see 19-9-13 NMSA 1978. For lease of gas and oil lands, see 19-10-1 NMSA 1978 et seq. For cancellation of oil and gas lease, see 19-10-20 NMSA 1978. For forfeiture of lease under Geothermal Resources Act, see 19-13-23 NMSA 1978.
NM Stat § 19-8-2 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 8 - Lease of Mineral Lands|Section 19-8-2 - [Inspection of lessee's books by commissioner.]

The commissioner, or his representative, shall have the right to inspect all records or books of account pertaining to the mining, extraction, transportation, reduction and returns of all ores taken from such leased lands. History: Laws 1912, ch. 82, § 38; Code 1915, § 5215; C.S. 1929, § 132-138; 1941 Comp., § 8-907; 1953 Comp., § 7-9-7. 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. — Cotenant's accountability for minerals removed from property, basis of computation, 5 A.L.R.2d 1368.
NM Stat § 19-8-3 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 8 - Lease of Mineral Lands|Section 19-8-3 - [Lessee's preferential right to renew or purchase; notice to vacate when another purchases.]

Any lessee of such mineral lands, or the heirs, successors or assigns of such lessee, shall have a preferential right to a renewal lease, or to purchase during the life of such lease, provided all terms and conditions of the expiring lease shall have been fully performed. In case of purchase by another, one year's notice to vacate shall be given to the lessee. History: Laws 1912, ch. 82, § 39; Code 1915, § 5216; C.S. 1929, § 132-139; 1941 Comp., § 8-908; 1953 Comp., § 7-9-8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For right of owner of improvements on state lands to be compensated for same by purchaser or subsequent lessee, see 19-7-14 NMSA 1978. "Mineral lands". — The term "mineral lands" means lands upon which metals or minerals have been discovered in rock, in place. State ex rel. Otto v. Field, 1925-NMSC-019, 31 N.M. 120, 241 P. 1027. Severance of surface rights. — Commissioner of public lands may sell some estate in the lands independent of the minerals. State ex rel. Otto v. Field, 1925-NMSC-019, 31 N.M. 120, 241 P. 1027. Quiet title action against state. — Action to quiet title and remove cloud thereon, commenced by the holder of a contract of purchase of state lands, whereby it is sought to set aside and annul the reservation of minerals contained therein, is an action against the state. American Trust & Sav. Bank v. Scobee, 1924-NMSC-022, 29 N.M. 436, 224 P. 788.
NM Stat § 19-8-4 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 8 - Lease of Mineral Lands|Section 19-8-4 - Leases for certain minerals; rentals; royalty.

The commissioner is authorized to issue leases for the development, exploration and production of potassium, sodium, phosphorus and other minerals of similar occurrence and their salts and compounds, including chlorides, sulphates, carbonates, borates, silicates, nitrates and any and all other salts and compounds of the minerals on any lands of the state upon such terms and conditions as he may deem to be for the best interests of the state and conformable to Sections 19-8-4 through 19-8-7 NMSA 1978. The minimum first year's rental for such leases shall be one hundred dollars ($100), and in all cases there shall be reserved to the state a royalty to be established by regulation issued under the provisions of Section 19-8-7 NMSA 1978. The commissioner may amend any lease in existence on the effective date of this amendment to reflect any regulation in effect at the time of the amendment to the lease. History: Laws 1929, ch. 140, § 1; C.S. 1929, § 111-501; 1941 Comp., § 8-909; 1953 Comp., § 7-9-9; Laws 1984, ch. 13, § 1. ANNOTATIONSCompiler's notes. — The reference to "effective date of this amendment" in the last sentence refers to the effective date of Laws 1984, ch. 13, § 1, which was May 17, 1984. The 1984 amendment, effective May 17, 1984, added the section heading, substituted "The commissioner is authorized" for "That the commissioner of public lands be and he is hereby authorized," "the minerals on any lands of the state" for "the said minerals, of any lands of the state of New Mexico" and "Sections 19-8-4 through 19-8-7 NMSA 1978" for "this act" in the first sentence, transposed "dollars" and "($100)" and substituted "to be established by regulation issued under the provisions of Section 19-8-7 NMSA 1978" for "of not less than five (5%) percent of the amount or value of minerals produced, such royalty to be computed upon the value of said minerals delivered at the nearest or most accessible railroad shipping point" in the second sentence and added the third sentence. Royalties. — Mineral content of state lands is to be disposed of only on lease, from which state is to derive royalties. State ex rel. Otto v. Field, 1925-NMSC-019, 31 N.M. 120, 241 P. 1027. Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals §§ 121 et seq., 142 et seq.
NM Stat § 19-8-5 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 8 - Lease of Mineral Lands|Section 19-8-5 - [Term of lease.]

Leases under this act [19-8-4 to 19-8-7 NMSA 1978] may be made for a term of ten years or less and as long thereafter as said minerals, or any of them, in paying quantities shall be produced from the leased lands. History: Laws 1929, ch. 140, § 2; C.S. 1929, § 111-502; 1941 Comp., § 8-910; 1953 Comp., § 7-9-10. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-8-6 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 8 - Lease of Mineral Lands|Section 19-8-6 - [Salt lease statutes excepted.]

There is expressly excepted from the provisions of this act [19-8-4 to 19-8-7 NMSA 1978], chloride of sodium, usually called and known as common salt, and this act shall not be construed as modifying, altering, repealing or in any wise changing the existing statutes relating to the leasing of state lands for the production of chloride of sodium, or common salt. History: Laws 1929, ch. 140, § 3; C.S. 1929, § 111-503; 1941 Comp., § 8-911; 1953 Comp., § 7-9-11. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For saline leases, see 19-8-10, 19-8-11 NMSA 1978.
NM Stat § 19-8-7 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 8 - Lease of Mineral Lands|Section 19-8-7 - [Rules and regulations authorized.]

The commissioner of public lands shall prescribe and promulgate from time to time all necessary rules and regulations for carrying out the provisions hereof. History: Laws 1929, ch. 140, § 4; C.S. 1929, § 111-504; 1941 Comp., § 8-912; 1953 Comp., § 7-9-12. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For State Rules Act, see Chapter 14, Article 4 NMSA 1978.
NM Stat § 19-8-8 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 8 - Lease of Mineral Lands|Section 19-8-8 - [Suspension of production; authorization by commissioner of public lands; causes; duration.]

In all cases where production of potassium, sodium, phosphorus and other minerals of similar occurrence, and their salts and compounds has been obtained by the lessee in paying quantities upon lands covered by any valid lease heretofore or hereafter issued by the commissioner of public lands under the provisions of Sections 19-8-4 to 19-8-7 NMSA 1978, the commissioner of public lands may authorize a suspension of production on such lease during either the primary, or fixed term, or during the secondary, or indeterminable term, of such lease for such period as may be fixed by him, from time to time, where: A. temporary conditions exist, with regard to the leased land then being mined, which would operate to prevent the mining of the maximum minable ore in keeping with safe mining practices; B. separate parts of the lands covered by the lease are so situated with respect to other lands owned or leased by the lessee that lessee should be allowed a reasonable time to reach and mine the various parts of the lands covered by the lease in keeping with an orderly mining program and with a view to the proper development and mining of the entire area of which the various parts of the lands covered by the lease and other lands are an integral part; or C. marketing conditions are such that the lease cannot be mined and operated except at a loss. No suspension authorized by the terms of this act [19-8-8, 19-8-9 NMSA 1978] shall be for a period of more than five years and in no event shall any suspension of production under any lease be for a period longer than ten years from the date on which the term of the lease would have expired in the absence of suspension of production. History: 1953 Comp., § 7-9-12.1, enacted by Laws 1959, ch. 178, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-8-9 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 8 - Lease of Mineral Lands|Section 19-8-9 - [Suspension of production; authorization by commissioner of public lands; extension of primary term of lease; secondary term of lease not determined by.]

Provided the lessee complies with all other terms and conditions of the lease, a suspension of production authorized by the commissioner of public lands shall: A. if it occurs during the fixed or primary term of such lease, extend the term of such lease for a period of time equal to the period of such suspension; or B. if it occurs during the indeterminable or secondary term of such lease, prevent the lease from determining in accordance with the limitation of such lease. History: 1953 Comp., § 7-9-12.2, enacted by Laws 1959, ch. 178, § 2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-8-10 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 8 - Lease of Mineral Lands|Section 19-8-10 - [Saline leases; royalties; record of sales; conditions.]

The commissioner may execute leases for the extraction of salt from the saline lands and lakes belonging to the state. Such leases shall provide for a royalty on all salt extracted therefrom of not less than ten percent of the actual sale price at the place of extraction. Said royalties shall be paid quarterly and accurate record shall be kept of all sales made. All leases made hereunder shall contain such conditions and shall provide for the cancellation of the lease by the commissioners for the breach thereof. History: Laws 1912, ch. 82, § 41; Code 1915, § 5219; Laws 1923, ch. 99, § 1; C.S. 1929, § 132-142; Laws 1939, ch. 81, § 1; 1941, ch. 16, § 1; 1941 Comp., § 8-913; 1953 Comp., § 7-9-13. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For exception of statutes relating to leasing of state lands for the production of common salt from the provisions of 19-8-4 to 19-8-7 NMSA 1978, see 19-8-6 NMSA 1978.
NM Stat § 19-8-11 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 8 - Lease of Mineral Lands|Section 19-8-11 - [Term of saline lease; extension.]

Leases under this act [19-8-10, 19-8-11 NMSA 1978] may be made for a term of ten years or less and as long thereafter as said salt in paying quantities shall be produced from the leased lands; provided that as to any saline leases existing at the effective date of this act the commissioner of public lands may in his discretion extend the term of any such leases for an additional term of five years and as long thereafter as salt is being produced in paying quantities from the leased lands. History: Laws 1941, ch. 16, § 2; 1941 Comp., § 8-914; 1953 Comp., § 7-9-14. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.