reglab/housing_qa huggingface dataset:
NM Stat § 19-7-39 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-39 - [Form of assignment; contents; acknowledgment; constructive notice; recording waived.]

Such assignments shall be executed on forms to be prescribed by the commissioner of public lands, which forms shall specify the number of the lease or purchase contract assigned, the description of the land embraced in such lease or purchase contract, the date of the expiration of the lease assigned, the name of the assignee and the amount of the indebtedness which the assignment is given to secure, and may provide for further advances by the assignee up to a specific amount. Such assignments shall be acknowledged by the assignor in the manner provided by law for the acknowledgment of conveyances affecting real estate, and, when filed in the office of the commissioner of public lands and approved by him, shall be constructive notice to all persons of the contents of such assignments from the date of such approval, and it shall not be necessary to record such instruments in the county where the lands affected thereby are located. Provided, that when more than one lease or purchase contract is assigned to secure the same indebtedness, any and all such leases or purchase contracts shall be assigned by separate instrument. History: Laws 1933, ch. 126, § 3; 1935, ch. 47, § 1; 1937, ch. 51, § 2; 1941 Comp., § 8-838; 1953 Comp., § 7-8-41. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For recording in commissioner's office of oil and gas leases, etc., see 19-10-31 NMSA 1978. For recording of instruments affecting real estate, and giving of constructive notice thereby generally, see 14-9-1, 14-9-2 NMSA 1978. For recording of assignment made for benefit of creditors, see 56-9-10 NMSA 1978.
NM Stat § 19-7-40 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-40 - [Assignments not filed and approved; effect.]

Any such assignment not filed in the office of the commissioner of public lands and approved by him shall be void as to subsequent assignees, whether for collateral security or otherwise, and as to holders of subsequent relinquishments, without notice, as to judgment or attaching creditors, from the date of the entry of such judgment or levy of such attachment, as to trustees in bankruptcy, from the date of the adjudication in bankruptcy, as to receivers, from the date of filing of the order of appointment and as to assignees for the benefit of creditors, from the date of the recording of the assignment. History: Laws 1933, ch. 126, § 4; 1941 Comp., § 8-839; 1953 Comp., § 7-8-42. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Intent of legislature. — This section shows the clear intent of the legislature that the property interest in a lease of state lands be subject to the ordinary processes and remedies of which a judgment creditor may avail himself. 1955 Op. Att'y Gen. No. 55-6337. Priorities. — This section establishes the respective priorities of ordinary assignees and holders of relinquishments, on the one hand, and judgment creditors, attaching creditors, trustees in bankruptcy, receivers and assignees for the benefit of creditors on the other. 1955 Op. Att'y Gen. No. 55-6337.
NM Stat § 19-7-42 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-42 - [Release of assignments; recording.]

Such assignments may be released by the execution by the assignee of a release in form to be prescribed by the commissioner, and any such release shall likewise be recorded in the books hereinabove prescribed. History: Laws 1933, ch. 126, § 7; 1941 Comp., § 8-842; 1953 Comp., § 7-8-44. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-7-44 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-44 - [Rules and regulations; filing and recording fee.]

The commissioner of public lands is authorized to make, publish and enforce all necessary and reasonable rules and regulations for carrying out the purposes and provisions of this act [19-7-37 to 19-7-45 NMSA 1978], and shall collect a uniform fee of one dollar [($1.00)] for the filing and recording of any instrument under the provisions hereof, which fees shall be covered into the maintenance fund of his office. History: Laws 1933, ch. 126, § 9; 1935, ch. 47, § 2; 1941 Comp., § 8-844; 1953 Comp., § 7-8-46. 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. Discretion of commissioner limited. — While the commissioner of public lands has a great deal of discretionary authority in managing the public lands of the state, his discretion is limited by express provisions in the law. 1969 Op. Att'y Gen. No. 69-67. No rights in public lands may be given or acquired contrary to law by circumvention, indirection or otherwise, no matter how valid or well-intentioned the underlying reason may be. 1969 Op. Att'y Gen. No. 69-67. Practice not authorized. — Practice of allowing relinquishment of a lessee's existing leases on grazing or agricultural lands subject to the Enabling Act and application for a new consolidated lease, the net result being a lease of more than five years' duration without the opportunity for competitive bidding or adverse applications as provided by law, is beyond the discretion of the commissioner of public lands. 1969 Op. Att'y Gen. No. 69-67. Rules have effect of law. — Rules promulgated by the commissioner under this section when authorized by law and not contrary to it have the effect of law. 1969 Op. Att'y Gen. No. 69-67.
NM Stat § 19-7-45 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-45 - [Construction of act; prior assignments and mortgages.]

This act [19-7-37 to 19-7-45 NMSA 1978] shall not be construed to affect any assignment, mortgage or other instrument covering any purchase contract or lease of state lands for grazing or agricultural purposes or improvements thereon heretofore given for the purpose of securing any indebtedness and any such instrument or a certified copy thereof may be filed in the office of the commissioner of public lands and when so filed shall be constructive notice to all persons of the contents thereof and the lien created thereby may be foreclosed in accordance with the provisions of this act. Provided, however, the provisions of this act prescribing forms or requiring the approval of assignments by the commissioner of public lands shall not apply to such instruments. History: Laws 1933, ch. 126, § 10; 1937, ch. 51, § 5; 1941 Comp., § 8-845; 1953 Comp., § 7-8-47. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For foreclosure of assignments, see 19-7-41 NMSA 1978.
NM Stat § 19-7-46 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-46 - [Satisfaction of debt for which assignment of grazing or agricultural lease or purchase contracts given as security; filing of release.]

When any lease debt or evidence of debt secured by an assignment for collateral security of grazing or agricultural leases of state lands or purchase contracts shall have been fully satisfied, it shall be the duty of the mortgagee, trustee or the assignee of such debt or evidence or [of] debt as the case may be to cause the full satisfaction thereof, to be entered of record in the office of the state commissioner of public lands. History: 1941 Comp., § 8-836b, enacted by Laws 1953, ch. 69, § 1; 1953 Comp., § 7-8-48. 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 §§ 186, 197.
NM Stat § 19-7-47 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-47 - [Violation; penalty; civil liability.]

Any person who shall be guilty of violating the preceding section [19-7-46 NMSA 1978], upon conviction before any justice of the peace [magistrate court] or district court having jurisdiction of the same shall be punished by a fine of not less than ten [dollars] ($10.00) nor more than twenty-five dollars ($25.00), and shall be liable in a civil action for all costs of clearing the title to said property including a reasonable attorney's fee. History: 1941 Comp., § 8-836c, enacted by Laws 1953, ch. 69, § 2; 1953 Comp., § 7-8-49. 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 the jurisdiction, powers and duties thereof transferred to the magistrate court.
NM Stat § 19-7-48 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-48 - [Existing collateral assignments ratified; application of act thereto.]

All existing collateral assignments heretofore filed and approved by the commissioner of public lands covering either state leases or state land purchase contracts are hereby ratified and the provisions of this act [19-7-37, 19-7-46 to 19-7-48 NMSA 1978] are hereby made applicable thereto. History: 1941 Comp., § 8-836a, enacted by Laws 1953, ch. 69, § 4; 1953 Comp., § 7-8-50. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-7-51 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-51 - [Improvement on grazing or agricultural lease; restrictions.]

Except by the express written consent of the commissioner, improvements upon leased state lands held under one lease shall be limited as follows: upon those leased for grazing purposes, fences only, at a cost not exceeding one hundred and fifty dollars ($150) per mile, and necessary corrals, at a cost not exceeding two hundred dollars ($200); upon those leased for agricultural purposes, fences at a cost not exceeding one hundred and fifty dollars ($150) per mile for exterior boundaries and seventy-five dollars ($75) per mile for inside cross-fences; barns, dwellings and all other buildings, at a total cost not exceeding six hundred dollars ($600); wells and irrigation systems at a total cost not exceeding one thousand dollars ($1,000); and for improvements to the land, such as orchards, plowed land, crops, etc., the amount allowed shall be only the amount added to the natural value of the land by such improvement, but in no case to exceed a total of ten dollars ($10.00) per acre for lands actually so improved. For the purposes of this chapter fences and growing crops shall be considered as movable improvements, and all other improvements as permanent improvements. History: Laws 1912, ch. 82, § 22; Code 1915, § 5199; C.S. 1929, § 132-122; 1941 Comp., § 8-848; 1953 Comp., § 7-8-53. 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 compensation of owner of improvements by purchaser or subsequent lessee, see 19-7-14 to 19-7-18 NMSA 1978. Law reviews. — For note, "Administration of Grazing Lands in New Mexico: A Breach of Trust," see 15 Nat. Resources J. 581 (1975). Am. Jur. 2d, A.L.R. and C.J.S. references. — Implied duty of lessee to remove his property, debris, buildings, improvements and the like, 23 A.L.R.2d 655. What constitutes improvements within provisions of lease permitting or prohibiting tenant's removal thereof at termination of lease, 30 A.L.R.3d 998.
NM Stat § 19-7-52 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-52 - Excessive permanent improvements become part of realty.

Twenty-five percent of all permanent improvements in excess of the amount specified in Section 19-7-51 NMSA 1978 shall be and remain a part of the real estate so offered for sale, except as provided in this and the preceding section. History: Laws 1913, ch. 29, § 3; Code 1915, § 5259; C.S. 1929, § 132-200; 1941 Comp., § 8-851; 1953 Comp., § 7-8-56; Laws 1975, ch. 111, § 2. ANNOTATIONSCompiler's notes. — As enacted, this section ended "except as provided in this act," meaning Laws 1913, ch. 29, §§ 1 to 3. This was changed in the 1915 Code to "except as provided in this and the preceding sections," apparently meaning 5257 to 5259, 1915 Code. Sections 5257 and 5258, 1915 Code, were repealed by Laws 1963, ch. 237, § 6. Laws 1975, ch. 111, § 2, amended this section, substituting "except as provided in this and the preceding section" for "except as provided in this and the preceding sections," among other changes. Section 7-8-53, 1953 Comp., was the first section preceding this section in 1975 that had not been repealed. It is compiled herein as 19-7-51 NMSA 1978. Cross references. — For compensation of owner of improvements by purchaser or subsequent lessee, see 19-7-14 to 19-7-18 NMSA 1978. Law reviews. — For note, "Administration of Grazing Lands in New Mexico: A Breach of Trust," see 15 Nat. Resources J. 581 (1975). Am. Jur. 2d, A.L.R. and C.J.S. references. — What are improvements within lease provisions permitting or prohibiting tenant's removal thereof at termination of lease, 30 A.L.R.3d 998.
NM Stat § 19-7-53 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-53 - [Preferences in leasing; occupants of land acquired by state; persons or firms domiciled or paying taxes in state.]

Any person, association of persons or corporation authorized to transact business in the state, occupying any lands the title to which is acquired by the state by operation of law, shall have a preference right to lease same in accordance with the provisions of this chapter; provided application so to do is made within thirty days from and after the acquisition of such title. Persons, associations of persons or corporations having domicile or paying taxes in the state, applying to lease state lands, shall in all cases be given preference provided the rental or royalty offered to be paid be at least equal to that otherwise obtainable. History: Laws 1912, ch. 82, § 23; Code 1915, § 5200; C.S. 1929, § 132-123; 1941 Comp., § 8-852; 1953 Comp., § 7-8-57. 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 preference in leasing to departments of state for purpose of erecting state buildings, see 19-7-27 NMSA 1978. For right of existing grazing lessee to meet higher rental offer of new lease applicant, see 19-7-49 NMSA 1978. For lease preference rights of municipality, county or school district, see 19-7-56 NMSA 1978. Section has no reference to renewal leases. State ex rel. McElroy v. Vesely, 1935-NMSC-096, 40 N.M. 19, 52 P.2d 1090.
NM Stat § 19-7-54 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-54 - Municipalities leasing lands within five miles of limits; uses; term.

Wherever any lands belonging to the state or under the supervision of the commissioner are situate within five miles of any municipality and the municipality may have use for the state lands for airports, parks, swimming pools, fairgrounds, playgrounds, economic development or other municipal purposes, the municipality is authorized and empowered to lease the lands or so much thereof as may be reasonably necessary for such purpose from the commissioner, and upon receipt of a request for such a lease, the commissioner is authorized and empowered to enter into such a lease for a term not exceeding forty years upon such reasonable terms and conditions as may be prescribed by the commissioner.History: Laws 1929, ch. 53, § 1; C.S. 1929, § 132-601; 1941 Comp., § 8-853; 1953 Comp., § 7-8-58; 2020, ch. 21, § 1. ANNOTATIONSThe 2020 amendment, effective July 1, 2020, provided that a municipality may lease certain state lands for purposes of economic development, and increased the term for certain leases of state land entered into between a municipality and the state; and added the new section heading, after "playgrounds", added "economic development", and after "not exceeding", deleted "twenty-five" and added "forty".
NM Stat § 19-7-55 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-55 - Counties and school districts leasing state lands; uses; term.

A. Any county or school district within the state that may have use for any state lands for any purpose incidental to the powers of the county or school district shall have the right and power to lease the lands or so much thereof as may be reasonably necessary for such purpose from the commissioner, and upon receipt of a request for such a lease, the commissioner is authorized and empowered to enter into such a lease for a term not exceeding forty years upon such reasonable terms and conditions as may be prescribed by the commissioner.B. In setting the terms and conditions of any lease to a school district, the commissioner shall, upon the request of the governing body of the school district, provide that the rental costs for the lease be paid from the school district's share of the current school fund established in Article 12, Section 4 of the constitution of New Mexico, or the common school current fund created in Section 19-1-17 NMSA 1978.C. The necessary documentation to achieve this appropriation shall be submitted to the state treasurer by the commissioner. The appropriation made hereby is a continuing appropriation.History: Laws 1929, ch. 53, § 2; C.S. 1929, § 132-602; 1941 Comp., § 8-854; 1953 Comp., § 7-8-59; Laws 1985 (1st S.S.), ch. 2, § 1; 2020, ch. 21, § 2. ANNOTATIONSThe 2020 amendment, effective July 1, 2020, increased the term for certain leases of state land entered into between a county or school district and the state; added new subsection designations A through C, and in Subsection A, after "not exceeding", deleted "twenty-five" and added "forty".The 1985 amendment, effective August 16, 1985, added the second and third paragraphs and, in the first paragraph, deleted "of New Mexico" following "state" and substituted "the county" for "said county" and "the lands" for "such lands" near the beginning, deleted "or purposes" following "purpose" and substituted "the commissioner, and the commissioner is authorized" for "the commissioner of public lands of the state of New Mexico, and said commissioner of public lands is hereby authorized" near the middle and deleted "of public lands" at the end.
NM Stat § 19-7-56 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-56 - [Preference right of municipality, county or school district; payment for prior improvements.]

Any such municipality, county or school district, shall at all times have a preference right to lease said state lands, and the commissioner of public lands shall prefer the application of said municipality, county or school district over any other application for lease upon the same land. Provided, nevertheless, that before any such lease is granted the lessee shall be required to pay the reasonable value of any improvements placed upon said state lands by a former lessee for the use of the owner of said improvements. History: Laws 1929, ch. 53, § 3; C.S. 1929, § 132-603; 1941 Comp., § 8-855; 1953 Comp., § 7-8-60. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For compensation of owner of improvements by purchaser or subsequent lessee, see 19-7-14 to 19-7-18 NMSA 1978. For preference in leasing to departments of state for purpose of erecting state buildings, see 19-7-27 NMSA 1978. For right of existing grazing lessee to meet higher rental offer of new lease applicant, see 19-7-49 NMSA 1978. For preference to occupants of lands acquired by state, and to persons domiciled or paying taxes therein, see 19-7-53 NMSA 1978.
NM Stat § 19-7-58 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-58 - [Rights-of-way; interference with roads or highways.]

The location of any right-of-way through any canyon, pass or defile shall not cause the disuse of any wagon [road] or other public highway now located therein, nor prevent the location through the same of any such wagon road or highway, where such road or highway may be necessary for the public accommodation; and where any change in the location of such wagon road is necessary to permit the use of such right-of-way or easement, the user of such right-of-way or easement, shall before entering upon the ground occupied by such wagon road, cause the same to be reconstructed at his own expense in the most favorable location, and in as perfect a manner as the original road. History: Laws 1912, ch. 82, § 54; Code 1915, § 5232; C.S. 1929, § 132-155; 1941 Comp., § 8-857; 1953 Comp., § 7-8-62. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For authorization to commissioner to grant rights-of-way and easements, see 19-7-57 NMSA 1978. For reservation of roadway over timbered and mountain lands, see 19-11-8 NMSA 1978.