NM Stat § 49-2-1 (2021)
2021 New Mexico Statutes|Chapter 49 - Land Grants|Article 2 - Corporations for Management of Community Land Grants|Section 49-2-1 - [Powers granted to certain community land grant corporations.]

That all corporations organized and incorporated under the provisions of an act of the legislative assembly of the territory of New Mexico, approved February 26, 1891, and published as Chapter 86 of the Session Laws of 1891, or under the provisions of an act of the legislative assembly of the territory of New Mexico, approved March 18, 1897, and published as Chapter 54 of the Session Laws of 1897, shall have the powers granted by this act for the purposes hereinafter mentioned. History: Laws 1917, ch. 3, § 1; C.S. 1929, § 29-201; 1941 Comp., § 9-201; 1953 Comp., § 8-2-1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — Laws 1891, ch. 86 and Laws 1897, ch. 54, referred to in this section, are repealed by Laws 1917, ch. 3, § 19. See "Saving clauses" in notes to 49-2-17 NMSA 1978. The term "this act" refers to Laws 1917, ch. 3, §§ 1 to 20, compiled as 49-2-1 to 49-2-17 NMSA 1978. Constitutional violation by distribution plan. — The plan of distribution of community grant land proposed disclosed a pronounced absence of primary and elemental concepts of due process and equal protection of the laws, in violation of constitutional guaranties existing in favor of owners of the beneficial interest in the common lands of the grant, where interests in land were to be determined by drawings in a lottery and where it was uncertain how it was to be determined by the special master, who were the owners of beneficial interests in the common lands eligible for participation in the lottery. Armijo v. Town of Atrisco, 1957-NMSC-045, 62 N.M. 440, 312 P.2d 91. Distribution plan contrary to law. — The means to be employed for making a distribution of the lands of the grant not only amounted to a violation of the statute law of this state prohibiting lotteries, but as well amounted to a dissipation of the assets of the corporation, contrary to law, where interests in land were to be determined by drawings in a lottery and where it was uncertain how it was determined, by the special master, who were the owners of beneficial interests in the common lands, eligible for participation in the lottery. Armijo v. Town of Atrisco, 1957-NMSC-045, 62 N.M. 440, 312 P.2d 91. Constitutional prohibitions against special legislation held inapplicable. — In view of the difference in the nature and origin of the different community land grants; in view of the long legislative history of enactments relating to the control, or management, of the lands of specific grants; in view of the fact that there is some discretion in the legislature to determine in which cases special laws should be passed; and in view of the presumptions indulged in favor of the validity of legislation, supreme court held that the prohibitions against special legislation as contained in the Springer Act, former 48 U.S.C. § 1471, and in N.M. Const., art. IV, § 24, were not applicable to enactments relating to the governing or managing bodies of the Las Vegas grant or any specific community land grants, or to the manner in which these bodies exercise their powers of control, management and disposition over grant lands. Board of Trustees v. Montano, 1971-NMSC-025, 82 N.M. 340, 481 P.2d 702. Community land grant is in the nature of a quasi-municipal corporation and is governed by the rules of law applicable thereto. The power of the board of trustees comes from the statutes providing for its creation. Apodaca v. Tome Land & Improvement Co., 1978-NMSC-018, 91 N.M. 591, 577 P.2d 1237. Comptroller's jurisdiction. — The San Antonio de las Huertas grant and water commission is a public grant, and the state comptroller, consequently, has jurisdiction over it under this article. 1952 Op. Att'y Gen. No. 52-5575. Am. Jur. 2d, A.L.R. and C.J.S. references. — 73B C.J.S. Public Lands § 205.