reglab/housing_qa huggingface dataset:
NM Stat § 19-6-5 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 6 - Trespass and Violations Relating to State and United States Lands|Section 19-6-5 - [Lessee to protect land against waste or trespass.]

Every lessee of state lands shall protect the land leased by him from waste or trespass by unauthorized persons, and failure so to do shall subject his lease to forfeiture and cancellation in the manner hereinbefore prescribed in this chapter, and the attorney general may bring suit for damages caused by any such waste or trespass. History: Laws 1912, ch. 82, § 50; Code 1915, § 5228; C.S. 1929, § 132-151; 1941 Comp., § 8-705; 1953 Comp., § 7-7-5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The words "in this chapter" were inserted by the 1915 Code compilers. The words "this chapter" evidently refers to chapter 102 of the 1915 Code, §§ 5178 to 5290, compiled herein as 19-1-1 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, 19-7-51, 19-7-52, 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 and 19-11-10 NMSA 1978. Cross references. — For procedure for forfeiture and cancellation of lease of state lands for violation of provisions thereof, see 19-7-50 NMSA 1978. Law obligates lessee of state land to protect it from trespass and waste by unauthorized persons. Burguete v. Del Curto, 1945-NMSC-025, 49 N.M. 292, 163 P.2d 257. Land commissioner's consent necessary for lessee to sublet state lands or permit others to use same. Burguete v. Del Curto, 1945-NMSC-025, 49 N.M. 292, 163 P.2d 257. Standing to sue. — A plaintiff who had become a joint owner of a state land lease without commissioner's knowledge or consent could not litigate the question of whether the defendant as actual lessee held lease under trust relationship entitling plaintiff to an equal undivided interest therein. Burguete v. Del Curto, 1945-NMSC-025, 49 N.M. 292, 163 P.2d 257. Parties in trespass complaint. — Cross-complaint of lessee of state land for trespass did not require the presence of the land commissioner as an indispensable party where no issues relating to public policy or the enforcement of a state lease were involved. Sproles v. McDonald, 1962-NMSC-071, 70 N.M. 168, 372 P.2d 122. Law reviews. — For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).
NM Stat § 19-6-6 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 6 - Trespass and Violations Relating to State and United States Lands|Section 19-6-6 - [Failure of lessee or purchaser to provide gates and runways at intersection of public highway; failure to close gate; penalty.]

Every lesee [lessee] of state lands, and every purchaser of state lands holding same under contract to purchase, who shall fence the same, shall erect and maintain gates and runways at all intersections at public highways, and failure so to do shall constitute a misdemeanor, upon conviction of which the lessee or holder of contract to purchase so convicted shall be punished by a fine of not more than twenty-five dollars [($25.00)] and in default of payment thereof, shall be imprisoned for not more than thirty days. Any person passing through such gate and failing to close the same shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by this section. History: Laws 1912, ch. 82, § 51; Code 1915, § 5229; Laws 1915, ch. 73, § 5; C.S. 1929, § 132-152; 1941 Comp., § 8-706; 1953 Comp., § 7-7-6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For fence across public road being unlawful unless gate and cattle-guard passageway are maintained and permit secured, see 67-7-10 NMSA 1978. Lessees of state lands may fence same and maintain gates at intersections of public highways. While a gate is an obstruction, yet it may be legalized by legislative enactment. 1914 Op. Att'y Gen. No. 14-1268, 1914 Op. Att'y Gen. No.14-1353, 1914 Op. Att'y Gen. No.14-1408. Keeping open section line. — Fact that a line across state lands is a section line does not impose any obligation on anyone to keep it open, unless there has been a road established by the county commissioners, or by general usage before any right was acquired to the land on each side of the section line; but, even in case of such establishment of road, gates could be maintained. 1915 Op. Att'y Gen. No. 15-1455.
NM Stat § 19-6-7 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 6 - Trespass and Violations Relating to State and United States Lands|Section 19-6-7 - [Destruction or damage to fence or gate on state lands; penalty.]

Any person who shall willfully and maliciously cut, destroy or injure any gate or fence enclosing, in whole or in part, any state lands, including lands under lease or contract of sale, upon conviction thereof shall be punished by a fine of not more than five hundred dollars [($500)] or by imprisonment for not more than five years or both. History: Laws 1912, ch. 82, § 52; Code 1915, § 5230; C.S. 1929, § 132-153; 1941 Comp., § 8-707; 1953 Comp., § 7-7-7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For offense of criminal damage to property, see 30-15-1 NMSA 1978. Applicant for purchase. — The cutting of a fence, and the removing of a gate erected on public land by person making application to state to purchase the land, was not a violation of statute. 1915 Op. Att'y Gen. No. 15-1526.
NM Stat § 19-6-8 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 6 - Trespass and Violations Relating to State and United States Lands|Section 19-6-8 - [Opening and failing to close gates on forest reserves and adjoining lands.]

It shall be unlawful for any person or persons to open and neglect to close, before leaving the immediate vicinity thereof, the gate or gates of any fence on, or enclosing any, lands of the different national forest reserves of this state, or to open and fail to close the gate or gates of any fence on the land of any person, firm or corporation, where the same is situate within the boundaries of, or adjoining any national forest reserve; provided, such gates are so constructed as to be easily opened and shut. History: Laws 1919, ch. 158, § 1; C.S. 1929, § 50-119; 1941 Comp., § 8-708; 1953 Comp., § 7-7-8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-6-9 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 6 - Trespass and Violations Relating to State and United States Lands|Section 19-6-9 - [Liability for resultant damage or trespass.]

Any person or persons failing to comply with the provisions of the preceding section [19-6-8 NMSA 1978] shall be subject and responsible for any damage or trespass caused from such neglect. History: Laws 1919, ch. 158, § 2; C.S. 1929, § 50-120; 1941 Comp., § 8-709; 1953 Comp., § 7-7-9. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-6-10 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 6 - Trespass and Violations Relating to State and United States Lands|Section 19-6-10 - [Penalty for failing to close gates.]

Any person failing to comply with the provisions of this act [19-6-8 to 19-6-10 NMSA 1978] shall also be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than ten [($10.00)] nor more than twenty-five dollars [($25.00)]. History: Laws 1919, ch. 158, § 3; C.S. 1929, § 50-121; 1941 Comp., § 8-710; 1953 Comp., § 7-7-10. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-7-1 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-1 - [Application for lease or purchase; appraisement.]

Applications to lease or purchase state lands shall be made under oath, and applicants to lease shall, at their own expense, procure appraisements thereof to be made under oath by some disinterested and creditable person or persons familiar therewith. All statements contained in such appraisements, except as to the true value of the land appraised, must be based upon personal knowledge and not upon information and belief. No such appraisement shall be conclusive upon the commissioner. History: Laws 1912, ch. 82, § 17; Code 1915, § 5194; C.S. 1929, § 132-117; 1941 Comp., § 8-801; 1953 Comp., § 7-8-1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For sale, mortgage or alienation of common lands within community land grants, see 49-1-11 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. — 63A Am. Jur. 2d Public Lands §§ 113 to 121. 73A C.J.S. Public Lands §§ 182, 197.
NM Stat § 19-7-2 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-2 - Formal requirements for applications; state officers and employees prohibited from acting as, or procuring, agents or attorneys.

All applications for the purchase of state lands and all applications for leases, whether for grazing, oil and gas, mining or other purposes, shall be made with ink or with typewriter using a record ribbon, upon forms to be prescribed by the commissioner of public lands. All applications shall be signed by original applicant or his agent or attorneys authorized by written power of attorney, shall be acknowledged before an officer authorized to administer oaths and shall be accompanied by application fees for oil and gas, mining, business leases, grazing leases and other purposes, as appropriate, in amounts set by the commissioner of public lands by regulation. The fees shall be deposited in the state lands maintenance fund. No state officer or employee of the state land office shall act as agent or attorney or procure another to act as agent or attorney for any application, but this act [19-1-23, 19-7-2 to 19-7-6 NMSA 1978] shall not be construed so as to prevent the commissioner of public lands or any employee of the state land office from assisting applicants to make out their applications without pay. History: Laws 1921, ch. 174, § 1; C.S. 1929, § 111-301; 1941 Comp., § 8-802; Laws 1947, ch. 95, § 1; 1953 Comp., § 7-8-2; Laws 1971, ch. 95, § 1. ANNOTATIONSCross references. — For establishment of state lands maintenance fund, see 19-1-11 NMSA 1978. Leaseholds compensable in condemnation proceedings. — In a condemnation suit brought by the United States against state grazing lease, for a five-year term as provided in the New Mexico Enabling Act, and issued under the statutory authority of this section with a preference right for renewal under Section 19-7-49 NMSA 1978, which for all practical purposes was an absolute right as against other applicants, the trial court stated that compensation is to be based on a valuation formula which includes both the state-owned lands leased by the defendants as well as the fee lands of the defendants as one ownership unit, that defendants who have grazing leases of state-owned tracts have compensable interests therein and are to receive, upon distribution of the proceedings, the condemnation award for the state lands they have leased and finally, that the leases of the state-owned tracts executed or renewed by the state after July 1, 1970, created in the lessee a property compensable in these proceedings. United States v. 41,098.98 Acres of Land, 548 F.2d 911 (10th Cir. 1977).
NM Stat § 19-7-3 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-3 - [Numbering and dating applications upon receipt.]

All applications shall be stamped immediately upon their receipt by the land office with ink or with some device indicating correctly the date, hour and minute of such receipt, and such applications shall have stamped thereon a serial number in the order of their receipt. History: Laws 1921, ch. 174, § 2; C.S. 1929, § 111-302; 1941 Comp., § 8-803; 1953 Comp., § 7-8-3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-7-4 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-4 - [Deposit of funds; rejection of application without deposit.]

All applications mentioned in Section One (1) [19-7-2 NMSA 1978] hereof shall be accompanied by the proper fees and moneys as required by law or by the rules and regulations of the land commissioner and the amount of money deposited shall be entered in ink upon said applications; provided, however, that checks not certified shall be deposited in or sent to a bank for collection immediately upon their receipt. All applications not accompanied by the proper deposit shall be immediately stamped "rejected, no deposit," and shall not be deemed proper applications. Minor defects in the wording of said applications shall not be deemed fatal to their validity, but the same may be corrected; provided, however, that the descriptions of land therein set forth shall be substantially correct so that said lands can be identified. All applications rejected for any reason shall have written thereon in ink or with typewriter using a record ribbon the reason for such rejection and the date thereof, and shall be preserved in the files of the office open to public inspection. History: Laws 1921, ch. 174, § 3; C.S. 1929, § 111-303; 1941 Comp., § 8-804; 1953 Comp., § 7-8-4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-7-5 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-5 - [Simultaneous applications.]

All published or posted rules and regulations of the land office shall prescribe and define what shall constitute simultaneous applications and shall also set forth an equitable method of determining the rights of applicants in such contingency. History: Laws 1921, ch. 174, § 5; C.S. 1929, § 111-305; 1941 Comp., § 8-805; 1953 Comp., § 7-8-5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-7-6 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-6 - [Offenses by officers or employees of land office; penalty.]

It shall be unlawful for any officers or employe [employee] of the state land office to act as agent or attorney for any applicant for the purchase or leasing of public lands of this state or to wilfully [willfully] withhold or conceal any such application, in order to give any applicant priority or advantage over another, or to receive any money or thing of value as a gift or compensation for aiding, or conniving or conspiring to aid, in procuring priority of application or directly or indirectly to aid or conspire to aid one applicant as against another by any fraudulent means whatever, or to receive any money or thing of value as a gift, compensation or otherwise from any person applying for the lease or purchase of public lands, and upon conviction thereof the offender shall be punished by a fine of not less than one hundred ($100) dollars nor more than one thousand ($1,000) dollars or by imprisonment in the state penitentiary for a term of not less than six months nor more than three years or by both such fine and imprisonment in the discretion of the court. History: Laws 1921, ch. 174, § 6; C.S. 1929, § 111-306; 1941 Comp., § 8-806; 1953 Comp., § 7-8-6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For prohibition against state officers and employees of state land office acting as agent or attorney for any application, or procuring another so to act, see 19-7-2 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Lands § 129. 73A C.J.S. Public Lands § 180.
NM Stat § 19-7-7 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-7 - [False swearing in application or appraisement.]

Any person or persons applying to lease or purchase state lands, or acting as appraiser or appraisers thereof, who shall knowingly and willfully swear falsely as to any material matter contained in any application to lease or purchase any such lands, or in any appraisement thereof, shall be deemed guilty of perjury, and upon conviction thereof shall be punished by a fine of not more than five hundred dollars [($500)], or by imprisonment for not more than five years, or by both such fine and imprisonment. History: Laws 1912, ch. 82, § 18; Code 1915, § 5195; C.S. 1929, § 132-118; 1941 Comp., § 8-807; 1953 Comp., § 7-8-7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For false swearing to affidavit accompanying contract of sale or deed for purchase of timberlands, see 19-11-3 NMSA 1978. For perjury in general, see 30-25-1, 30-25-2 NMSA 1978. Law reviews. — For note, "Administration of Grazing Lands in New Mexico: A Breach of Trust," see 15 Nat. Resources J. 581 (1975).
NM Stat § 19-7-9.1 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-9.1 - State land office; public notice; public meetings.

A. Prior to taking final agency action, the commissioner of public lands shall publish notice of and hold a public meeting to receive public comment regarding the following activities:(1) land sales;(2) land exchanges;(3) right-of-way permits for electrical transmission lines in excess of two hundred thirty kilovolts situated on state trust land; and(4) right-of-way permits for oil or gas pipelines in excess of twenty-four inches in diameter and at least ten contiguous miles in length situated on state trust land.B. A notice of a proposed land sale, land exchange or right-of-way permit as set forth in Subsection A of this section shall be published on the state land office website and in a newspaper of general circulation published in Santa Fe and in a newspaper of general circulation published near the general geographic location of the proposed activity.C. The notice required in this section shall contain:(1) a description of the state trust land offered for sale or exchange or on which the right of way is to be located;(2) a summary of the effect or potential effect of the proposed transaction or right of way on surrounding lands;(3) the time, place and location for the public meeting on the sale, exchange or right-of-way permit; and(4) the name of a person to contact at the state land office for additional information on the sale, exchange or right-of-way permit and the subject state trust land.D. The public meeting required pursuant to Subsection A of this section shall be held in the same general geographic location as the proposed activity.E. The requirement for a hearing is waived if public input has been solicited pursuant to another state process or federal law. The commissioner of public lands shall by rule establish the procedures for a hearing held pursuant to this section.F. No provisions of this section shall alter, change, restrict or diminish the rights, powers and duties of the commissioner of public lands in the administration, management, care and control of state trust lands as provided for by the Enabling Act for New Mexico and applicable state statutes. History: Laws 2019, ch. 115, § 1. ANNOTATIONSEffective dates. — Laws 2019, ch. 115 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
NM Stat § 19-7-10 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-10 - [Restrictions on deferred payments.]

At any time after sale and prior to the expiration of thirty years from the date of the contract, the purchaser or his successor in interest may pay all or any part of the purchase price due on any contract for purchase of state lands, but no payment shall be accepted, other than the first payment, for less than one-thirtieth of ninety-five per centum of the purchase price, nor be effective for credit on any date other than the anniversary of the date of the contract next following the date of tender. History: Laws 1917, ch. 52, § 2; C.S. 1929, § 132-159; 1941 Comp., § 8-810; 1953 Comp., § 7-8-10. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Issuance of patent prior to completion of payment. — No specific authority is given the commissioner of public lands to issue a patent to a portion of a tract of land sold under contract when only that part covered by the patent has been paid for and the balance due under said contract has not been paid at the time the patent is issued. Zinn v. Hampson, 1956-NMSC-088, 61 N.M. 407, 301 P.2d 518. Authority of commissioner. — Land commissioner does not have authority to accept payments of principal less interest paid and funded, nor to accept for credit full amount of principal and cause interest paid in advance to be funded, nor to accept for credit only payments of delinquent interest where the purchaser tenders the principal amount due on contract. 1947 Op. Att'y Gen. No. 47-5034.
NM Stat § 19-7-11 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-11 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 49, § 1, repealed 19-7-11 NMSA 1978, relating to the authorization of payment for the purchase of state lands with state or county bonds, effective March 30, 1981.
NM Stat § 19-7-12 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-12 - [Outstanding contracts may be canceled and new contracts granted; conditions.]

That contracts for the purchase of state lands now outstanding shall, upon application of the holders thereof and payment of a fee of four dollars [($4.00)] for each contract of one section or less, and ten cents [($.10)] for each additional section or fraction thereof, be canceled, and new contracts issued under the provisions of this act [19-7-10, 19-7-12 NMSA 1978], in lieu of such outstanding contracts. Provided, that the provisions of this act shall not be applicable to lands selected for the benefit of the Santa Fe and Grant county railroad bond fund, but such lands shall be sold as provided by Section 19-7-13 [repealed] NMSA 1978, and outstanding contracts for such lands shall not be subject to the provisions of this section. History: Laws 1917, ch. 52, § 4; C.S. 1929, § 132-161; 1941 Comp., § 8-812; 1953 Comp., § 7-8-12. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1989, ch. 179, § 2 repealed 19-7-13 NMSA 1978, effective June 16, 1989. Constitutionality. — There is nothing in the constitution which prevents the state from canceling contracts of purchase of state land, where the purchaser is unable to make his payments, and then leasing them to him on terms which he can meet. Vesely v. Ranch Realty Co., 1934-NMSC-067, 38 N.M. 480, 35 P.2d 297. Replacement of contract with lease. — Commissioner of public lands may agree with purchaser to cancel contracts of purchase of state lands held by purchaser, where purchaser alleges his inability to carry such contract, and at the same time issue to such purchaser a lease for the same land at a rental lower than the amount necessary to carry contracts of purchase. Vesely v. Ranch Realty Co., 1934-NMSC-067, 38 N.M. 480, 35 P.2d 297.