reglab/housing_qa huggingface dataset:
NM Stat § 70-3A-3 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 3A - Gathering Line Land Acquisition|Section 70-3A-3 - Easement; offer and counterproposal.

A. If an easement is sought to be acquired by a mineral developer for the purpose of constructing a natural gas or petroleum gathering line as defined in Subsection B of Section 70-3-5 NMSA 1978 or an associated disposal line and the mineral developer and the property owner cannot agree concerning the terms, including locations, conditions or compensation for that acquisition, the mineral developer may make a written offer to the property owner to include proposed terms, locations, conditions and compensation for the easement. The offer shall be made by mailing a copy thereof by certified mail, return receipt requested, or by service of a copy thereof in the manner provided by the Rules of Civil Procedure for the District Courts for service of summons and complaint. The offer submitted by the mineral developer shall also include notice of the property owner's duty to submit a counterproposal as provided in Subsection B of this section. B. Within twenty days after receipt of the mineral developer's offer, the property owner shall submit either a notice of acceptance or a counterproposal to each term, including locations, conditions or compensation, in the offer of the mineral developer. The acceptance or counterproposal shall be made in the same manner as set forth in Subsection A of this section for the delivery of the mineral developer's offer. C. Except as provided in Subsection D of this section, if the parties are unable to negotiate a settlement, the mineral developer may, after ten days from the date of receipt of the counterproposal by the property owner, petition the district court in the county in which the property is located or any part lies to appoint a hearing officer to review the matters relating to the proposed property acquisition and to have the hearing officer submit a report to the district court. D. If the property owner does not submit an acceptance or a counterproposal to the mineral developer within the time period specified in Subsection B of this section and the mineral developer has complied with all other provisions of the Gathering Line Land Acquisition Act, the mineral developer may file a copy of the offer submitted to the property owner with the district court and that offer shall be binding on all parties. History: Laws 1988, ch. 26, § 3. ANNOTATIONSCross references. — For the Rules of Civil Procedure for the District Courts, see Rule 1-001 NMRA et seq.
NM Stat § 70-3A-6 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 3A - Gathering Line Land Acquisition|Section 70-3A-6 - Report; appeal.

A. Within forty-five days after the appointment of the hearing officer: (1) the hearing officer shall prepare a report upon the matters submitted to him by the order of his appointment and shall make findings of fact and conclusions of law. He shall file the report with the clerk of the court and unless waived by the parties he shall file with it a transcript or other authorized recording of any proceedings and of the evidence and the original exhibits. The clerk shall mail notice of the filing to all parties; and (2) the district court shall accept the hearing officer's findings of fact unless clearly erroneous. Within ten days after being served with notice of the filing of the report, either party may appeal the decision of the hearing officer to the district court. The court, after review, may adopt or modify the report. B. If the appealing party does not prevail in his appeal, the court shall award the other party reasonable attorneys' fees and court costs incurred on appeal. C. If an appeal is not filed within ten days of the parties being served with notice of the filing of the report or at the conclusion of any appeal, the district court shall enter a final judgment granting or modifying the easement sought to be acquired including the terms and compensation of the easement. History: Laws 1988, ch. 26, § 6. ANNOTATIONSCross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA. Standard of review. — Where a party maintained that the hearing officer made findings incorrectly under 70-3A-5(B) and (C) NMSA 1978, the determination of whether the hearing officer's decision was in accordance with the Gathering Line Land Acquisition Act was a question of law to be decided by the appellate court de novo. El Paso Field Servs. Co. v. Montoya Sheep & Cattle Co., 2003-NMCA-113, 134 N.M. 375, 77 P.3d 279. Scope of review of district court. Zamora v. Village of Ruidoso Downs, 1995-NMSC-072, 120 N.M. 778, 907 P.2d 182.
NM Stat § 70-3A-7 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 3A - Gathering Line Land Acquisition|Section 70-3A-7 - Abandonment of easement.

When an easement is acquired pursuant to the Gathering Line Land Acquisition Act and the use for which the easement is acquired is subsequently abandoned, the easement is extinguished and the property interest reverts to the landowner or his successor in interest of the fee, free from any rights in the mineral developer. History: Laws 1988, ch. 26, § 7.
NM Stat § 70-4-2 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 4 - Liens on Wells and Pipelines|Section 70-4-2 - Labor, hauling and materials considered under continuous contract.

Any labor performed, or materials, machinery, tools, equipment or supplies so furnished or hauled by any person entitled to a lien under the provisions of the Oil and Gas Lien Act for the land, oil and gas permit, leasehold, lease for oil and gas purposes, or oil pipeline, gas pipeline or gasoline pipeline, shall be considered as having been furnished under a single contract regardless of whether or not the same was performed or furnished at different times or on separate orders, provided no more than one hundred twenty days shall have elapsed between the date of performance of the labor or the date of the furnishing or hauling of any part or parts of the material, tools, equipment, machinery or supplies and the date on which labor or materials, tools, equipment, machinery or supplies are next performed, hauled or finished [furnished]. History: Laws 1931, ch. 11, § 2; 1941 Comp., § 69-402; 1953 Comp., § 65-5-2; Laws 1963, ch. 12, § 2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 70-4-3 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 4 - Liens on Wells and Pipelines|Section 70-4-3 - Liens of subcontractors.

Any person who furnishes or hauls the material, tools, equipment, machinery or supplies as, or to, a subcontractor, or any person who performs the labor for, or under, a subcontract with a contractor or subcontractor shall have a lien upon the whole of the land, oil and gas permit, leasehold, lease for oil and gas purposes, or oil pipeline, gas pipeline or gasoline pipeline, and the right-of-way therefor, buildings and equipment thereon, and the appurtenances thereto, and upon the materials, tools, machinery, equipment and supplies so furnished or hauled, and upon the oil and gas well for which they were furnished or hauled, and upon all the other oil and gas wells, fixtures, machinery, tools, equipment and appliances used in operating or developing for oil and gas purposes upon the land, oil and gas permit, leasehold, or lease for oil and gas purposes, for which the material, tools, machinery, equipment or supplies were furnished or hauled, or labor performed, to the same extent, with the same preferences and priorities, and on an equality with the lien of an original contractor as provided in Sections 70-4-1 and 70-4-2 NMSA 1978, for the amount due him for the labor, hauling or materials, tools, machinery, equipment or supplies. History: Laws 1931, ch. 11, § 3; 1941 Comp., § 69-403; 1953 Comp., § 65-5-3; Laws 1963, ch. 12, § 3.
NM Stat § 70-4-4 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 4 - Liens on Wells and Pipelines|Section 70-4-4 - Claim of lien; contents and filing.

Every original contractor, within two hundred ten days after the performance of the last labor or the furnishing or hauling of the last item of material, tools, machinery, equipment or supplies, and every person, except the original contractor, claiming the benefits of the Oil and Gas Lien Act within one hundred eighty days after the performance of the last labor or the furnishing or hauling of the last item or material, tools, machinery, equipment or supplies shall file for record with the county clerk of the county in which the property upon which the lien is claimed or situated, a claim setting forth the name and residence of the claimant, the amount and the items claimed, the name of the person to whom the materials, tools, machinery, equipment or supplies were furnished or hauled or for whom the labor was performed, the name of the owner and a description of the property upon which the lien is claimed, verified by affidavit. History: Laws 1931, ch. 11, § 4; 1941 Comp., § 69-404; 1953 Comp., § 65-5-4; Laws 1963, ch. 12, § 4; 1993, ch. 6, § 1. ANNOTATIONSThe 1993 amendment, effective June 18, 1993, substituted "two hundred ten days" for "one hundred twenty days" and "one hundred eighty days" for "ninety days", and made minor stylistic changes. Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gas and Oil § 139. 58 C.J.S. Mines and Minerals § 264.
NM Stat § 70-4-5 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 4 - Liens on Wells and Pipelines|Section 70-4-5 - Recording; index; fees.

The county clerk shall record the claim in a book kept by him for that purpose, and shall index such record as deeds and other conveyances are required by law to be indexed, and for which he may receive the same fees as are allowed by law for recording deeds and other conveyances. History: Laws 1931, ch. 11, § 5; 1941 Comp., § 69-405; 1953 Comp., § 65-5-5. ANNOTATIONSCross references. — For recording fees, see 14-8-12 NMSA 1978.
NM Stat § 70-4-6 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 4 - Liens on Wells and Pipelines|Section 70-4-6 - Liability of owner limited to contract price.

Nothing in the Oil and Gas Lien Act shall be deemed to fix a greater liability upon an owner than the amount contracted by the owner to be paid the original contractor; provided that the risk of all payments made to the original contractor shall be upon the owner until the expiration of the one hundred eighty days specified in Section 70-4-4 NMSA 1978 within which persons other than the original contractor may fix their liens by the filing of the claim as provided in that section, and no owner shall be liable to an action by the contractor until the expiration of the one hundred eighty day period. Owners may pay subcontractors the specific contract or agreed upon charge due them from the original contractor for work, labor, material, tools, machinery, equipment and supplies, and the amount so paid shall be held and deemed a payment of that amount to the original contractor. History: Laws 1931, ch. 11, § 6; 1941 Comp., § 69-406; 1953 Comp., § 65-5-6; Laws 1963, ch. 12, § 5; 1965, ch. 184, § 2; 1993, ch. 6, § 2. ANNOTATIONSThe 1993 amendment, effective June 18, 1993, substituted "one hundred eighty days specified in Section 70-4-4 NMSA 1978" for "ninety (90) days hereinbefore" and "the one hundred eighty day period" for "said ninety (90) days" in the first sentence, and made minor stylistic changes. Am. Jur. 2d, A.L.R. and C.J.S. references. — 58 C.J.S. Mines and Minerals § 263.
NM Stat § 70-4-7 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 4 - Liens on Wells and Pipelines|Section 70-4-7 - Limitation of action to enforce.

No lien provided for in this act shall bind any property subject thereto for a longer period than one year after the date on which the same is filed, unless proceedings be commenced in the district court within that time to enforce the same, or, if a credit be given, then one year after the expiration of such credit, but no such lien shall continue in force for a longer time than two years from the time the lien is filed by any agreement to give credit unless action to enforce the same shall have been commenced within that time. History: Laws 1931, ch. 11, § 7; 1941 Comp., § 69-407; 1953 Comp., § 65-5-7. ANNOTATIONSCross references. — For sales under execution and foreclosure, see 39-5-1 NMSA 1978 et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 58 C.J.S. Mines and Minerals § 269.
NM Stat § 70-4-8 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 4 - Liens on Wells and Pipelines|Section 70-4-8 - Enforcement of lien.

The liens herein created may be enforced by proper action in the district court in the county in which the property is situate to which the lien attaches, provided that if the property to which the lien attaches is situate in more than one county the action may be brought in any county where a part of the property is situate. If the lien is foreclosed there shall be no redemption, and the sheriff or other officer shall make a formal conveyance of the property sold under foreclosure to the purchaser as provided by law. History: Laws 1931, ch. 11, § 8; 1941 Comp., § 69-408; 1953 Comp., § 65-5-8.
NM Stat § 70-4-9 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 4 - Liens on Wells and Pipelines|Section 70-4-9 - Joinder of actions; attorney's fees; costs.

Any number of persons claiming liens may join in the same action, and when separate actions are commenced the court may consolidate them. The court may also allow as a part of the costs the moneys paid for filing and recording the lien, and reasonable attorney's fees in the trial and appellate courts. History: Laws 1931, ch. 11, § 9; 1941 Comp., § 69-409; 1953 Comp., § 65-5-9. ANNOTATIONSCross references. — For joinder of parties, see Rule 1-020A NMRA. For consolidation of actions, see Rule 1-042C NMRA.
NM Stat § 70-4-10 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 4 - Liens on Wells and Pipelines|Section 70-4-10 - Definition of words "person" and "subcontractor".

The word "person" as used in this act [70-4-1 to 70-4-15 NMSA 1978] shall include one or more individuals and corporations and copartnerships. The word "subcontractor" as used in this act shall include every person entitled to the benefits thereof other than an original contractor. History: Laws 1931, ch. 11, § 10; 1941 Comp., § 69-410; 1953 Comp., § 65-5-10.
NM Stat § 70-4-11 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 4 - Liens on Wells and Pipelines|Section 70-4-11 - Preference to laborers; no preference to first contractors.

Upon all questions arising between different persons having liens under the Oil and Gas Lien Act, no preference shall be given to him who first performed labor or furnished, or hauled, materials, tools, machinery, equipment or supplies, except that the claim of any person for labor by him personally performed is a preferred lien. History: Laws 1931, ch. 11, § 11; 1941 Comp., § 69-411; 1953 Comp., § 65-5-11; Laws 1963, ch. 12, § 6. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gas and Oil § 140. 58 C.J.S. Mines and Minerals § 268.
NM Stat § 70-4-12 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 4 - Liens on Wells and Pipelines|Section 70-4-12 - Materials exempt from attachment.

Whenever materials, tools, machinery, equipment or oil and gas supplies shall have been furnished for use or employment in the digging, drilling, torpedoing, completing, operating or repairing of any oil or gas well, or in the construction, operation or repairing of any gas pipeline, oil pipeline or gasoline pipeline, such materials, machinery, equipment or oil and gas supplies shall not be subject to attachment, execution or other legal process to enforce any debt due by the purchaser of such materials, machinery, tools, equipment or supplies, except a debt due for the purchase price thereof so long as such purchase price, or any part thereof, remains unpaid, and such materials, tools, machinery, equipment or supplies are in good faith about to be used for the purposes for which they were so furnished, until after the expiration of the time for filing a lien for such purchase price under the provisions of this act [70-4-1 to 70-4-15 NMSA 1978]. History: Laws 1931, ch. 11, § 12; 1941 Comp., § 69-412; 1953 Comp., § 65-5-12. ANNOTATIONSCross references. — 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. Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gas and Oil § 137. 58 C.J.S. Mines and Minerals § 262.
NM Stat § 70-4-13 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 4 - Liens on Wells and Pipelines|Section 70-4-13 - Personal liability.

Nothing in the Oil and Gas Lien Act shall be construed to impair or affect the right of any person, to whom any debt may be due for work done or materials, tools, machinery, equipment or supplies furnished or hauled, to maintain a personal action to recover the debt against the person liable therefor. History: Laws 1931, ch. 11, § 13; 1941 Comp., § 69-413; 1953 Comp., § 65-5-13; Laws 1963, ch. 12, § 7.
NM Stat § 70-4-14 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 4 - Liens on Wells and Pipelines|Section 70-4-14 - Name of act.

This act [70-4-1 to 70-4-15 NMSA 1978] shall be known as the Oil and Gas Lien Act. History: Laws 1931, ch. 11, § 15; 1941 Comp., § 69-414; 1953 Comp., § 65-5-14.
NM Stat § 70-4-15 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 4 - Liens on Wells and Pipelines|Section 70-4-15 - Conflicting laws repealed, Chapter 82, "1929 New Mexico Statutes Annotated" excepted.

This act [70-4-1 to 70-4-15 NMSA 1978] shall not in any way affect, modify or repeal Chapter 82 of the "1929 New Mexico Statutes Annotated." All other laws in conflict with the provisions of this act are hereby repealed. History: Laws 1931, ch. 11, § 16; 1941 Comp., § 69-415; 1953 Comp., § 65-5-15. ANNOTATIONSCompiler's notes. — Chapter 82 of the 1929 Compilation referred to in this section is presently compiled as 48-2-1 to 48-2-8, 48-2-10 to 48-2-16, 48-3-1, 48-3-2, 48-3-4, 48-3-5, 48-3-7 to 48-3-15, 48-5-1 to 48-5-3 and 48-6-1 to 48-6-16 NMSA 1978. Purpose of declaration of cumulative effect was not to make other statutory provisions applicable to those things covered by this act itself, but to show that the things for which liens were given by this act were not intended to nullify other lien statutes in favor of mechanics, laborers, clerks and others performing services in the oil industry, and materialmen who might furnish material in the oil or mining industry not covered by the act. Butt v. Vermejo Park Corp., 1976-NMSC-075, 89 N.M. 679, 556 P.2d 835. Lien on fee owner's interest. — Under the Mechanics' Lien Act (48-2-1 NMSA 1978 et seq.), a lien may be imposed upon fee owner's interest if he has knowledge of the construction and fails to disclaim responsibility therefor in manner and within time therein provided, while under this act, fee owner's interest is subject to lien only if he expressly so contracts, an obvious conflict, and it was held that company which built roads, leveled land, hauled water and provided gravel and load pipe in connection with certain oil and gas exploration and drilling were entitled to assert a lien only under this act. Butt v. Vermejo Park Corp., 1976-NMSC-075, 89 N.M. 679, 556 P.2d 835.
NM Stat § 70-5-2 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 5 - Liquefied and Compressed Gases|Section 70-5-2 - Short title.

Chapter 70, Article 5 NMSA 1978 may be cited as the "LPG and CNG Act". History: 1953 Comp., § 65-7-1.1, enacted by Laws 1973, ch. 362, § 2; 1993, ch. 186, § 2. ANNOTATIONSThe 1993 amendment, effective July 1, 1993, substituted "Chapter 70, Article 5 NMSA 1978" for "Sections 65-7-1 through 65-7-23 NMSA 1953" and inserted "and CNG". Liquefied Petroleum Gas Act is for protection of public from the dangers which are inherent in liquefied petroleum gas if it is not properly handled. 1963 Op. Att'y Gen. No. 63-53.
NM Stat § 70-5-3 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 5 - Liquefied and Compressed Gases|Section 70-5-3 - Rules and regulations for design, construction, assembling, equipping and installing of containers and equipment.

All containers and pertinent equipment used or to be used in this state for CNG equipment when attached to motor vehicles or for the storage, transporting or dispensing of LP gases or CNG by industrial, commercial or domestic users, together with appliances used or to be used in this state with LP gases as fuel, shall be designed, constructed, assembled, equipped and installed as specified by the rules and regulations of the commission, adopted and promulgated as provided in the LPG and CNG Act [this article]. History: 1941 Comp., § 71-805, enacted by Laws 1947, ch. 214, § 2; 1953 Comp., § 65-7-2; Laws 1955, ch. 97, § 2; 1973, ch. 362, § 3; 1977, ch. 245, § 125; 1989, ch. 6, § 51; 1993, ch. 186, § 3. ANNOTATIONSThe 1993 amendment, effective July 1, 1993, inserted "for CNG equipment when attached to motor vehicles or" near the beginning of the section, "or CNG" near the middle of the section, and "and CNG" near the end of the section. The 1989 amendment, effective July 1, 1989, substituted "commission" for "committee" near the end of the section. Persons or firms selling house trailers equipped with liquefied petroleum appliances and piping are covered by act and fully subject to all license fees and regulations promulgated by the public service commission. 1953 Op. Att'y Gen. No. 53-5627. Am. Jur. 2d, A.L.R. and C.J.S. references. — 63 Am. Jur. 2d Products Liability § 834. Products liability: sufficiency of evidence to support product misuse defense in actions concerning bottles, cans, storage tanks, or other containers, 58 A.L.R.4th 160. Products liability: recovery for injury or death resulting from intentional inhalation of product's fumes or vapors to produce intoxicating or similar effect, 50 A.L.R.5th 275.
NM Stat § 70-5-4 (2021)
2021 New Mexico Statutes|Chapter 70 - Oil and Gas|Article 5 - Liquefied and Compressed Gases|Section 70-5-4 - Acts concerning LP gas or CNG subject to commission rules and regulations.

The selling, offering for sale, constructing, assembling, repairing, equipping, installing, filling with fuel, storage of fuel within, dispensing of fuel from or transporting fuel within containers described in Section 70-5-3 NMSA 1978 without the containers having been designed, constructed, assembled, equipped, maintained, tested and inspected as specified by the rules and regulations of the commission pursuant to the LPG and CNG Act [this article] shall be a violation of the LPG and CNG Act and shall be subject to the fines, penalties and restrictions provided. History: 1941 Comp., § 71-806, enacted by Laws 1947, ch. 214, § 3; 1953 Comp., § 65-7-3; Laws 1973, ch. 362, § 4; 1977, ch. 245, § 126; 1989, ch. 6, § 52; 1993, ch. 186, § 4. ANNOTATIONSThe 1993 amendment, effective July 1, 1993, rewrote the section heading, substituted "offering" for "exposing" near the beginning of the section, and inserted "and CNG" twice near the end of the section. The 1989 amendment, effective July 1, 1989, substituted "commission" for "committee" in the section heading and near the end of the section, inserted "described in Section 70-5-3 NMSA 1978" near the middle of the section, and made minor stylistic changes throughout the section.