reglab/housing_qa huggingface dataset:
NM Stat § 19-7-13 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-13 - Repealed.

ANNOTATIONSRepeals. — Laws 1989, ch. 179, § 2 repealed 19-7-13 NMSA 1978, as enacted by Laws 1912, ch. 82, § 58, relating to sales of lands for Santa Fe and Grant county railroad bond funds, effective June 16, 1989.
NM Stat § 19-7-15 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-15 - Definition of improvements.

The word "improvements" herein shall include appurtenant water rights and all improvements placed upon the land in compliance with Section 19-7-51 NMSA 1978, and shall include those appurtenant water rights and improvements placed upon the land prior to March 1, 1955, whether or not the value be in excess of the amount prescribed by Section 19-7-51 NMSA 1978. Appurtenant water rights and improvements placed upon the land after March 1, 1955 but prior to March 1, 1975 may be included by the commissioner in accordance with rules and regulations adopted by the commissioner. History: 1953 Comp., § 7-8-19.2, enacted by Laws 1963, ch. 237, § 2; 1975, ch. 111, § 1.
NM Stat § 19-7-16 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-16 - Cost of appraisal.

Reasonable costs and expenses of appraising improvements on state lands and other costs of sale shall be paid by the purchaser or subsequent lessee. History: 1953 Comp., § 7-8-19.3, enacted by Laws 1963, ch. 237, § 3. ANNOTATIONSCross references. — For appraisement of state lands themselves, see 19-7-1 NMSA 1978. For false swearing in purchase or lease application or appraisement, see 19-7-7 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 § 19-7-17 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-17 - Appeal.

A person in interest aggrieved by the decision of the commissioner in fixing the value of improvements or in collecting costs may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: 1953 Comp., § 7-8-19.4, enacted by Laws 1963, ch. 237, § 4; 1998, ch. 55, § 27; 1999, ch. 265, § 28. ANNOTATIONSCross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA. For scope of review of the district court, see Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995). 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.
NM Stat § 19-7-18 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-18 - Bond required.

No contract, patent or lease shall be issued until the value of improvements shall be paid unless a good and sufficient corporate or cash bond is filed with the commissioner to insure [ensure] payment upon final determination of value. History: 1953 Comp., § 7-8-19.5, enacted by Laws 1963, ch. 237, § 5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-7-20 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-20 - [Assignment of contracts not in default; certified copy to be filed with commissioner.]

Any purchaser of state lands under deferred payment contract, not in default as to any payment, may assign all right, title and interest under any such contract; provided, certified copy of the assignment shall be filed with the commissioner before same shall become effective. History: Laws 1912, ch. 82, § 61; Code 1915, § 5239; C.S. 1929, § 132-164; 1941 Comp., § 8-821; 1953 Comp., § 7-8-21. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Parties to assignment dispute. — Commissioner of public lands was not an indispensable party in dispute between private parties concerning assignment of an interest in land purchased from the state under deferred payment contract. Ballard v. Echols, 1970-NMSC-066, 81 N.M. 564, 469 P.2d 713. Partial assignments. — The commissioner of public lands may approve assignments of a portion of a purchase contract, providing he safeguards the right of the state in the transaction. 1924 Op. Att'y Gen. No. 24-3762, 1924 Op. Att'y Gen. No. 24-3762A.
NM Stat § 19-7-21 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-21 - [Townsite lands; subdivision.]

Whenever any of the state lands shall be valuable or desirable for townsite purposes, the commissioner may cause or permit the same to be subdivided into suitable tracts, or surveyed into lots and blocks, with the usual reservations for streets, alleys and public purposes, and shall cause appraisement of such lands to be made and prescribe rules and regulations for the use and occupancy thereof, and may lease or sell such lots, blocks and subdivisions in accordance with law. History: Laws 1912, ch. 82, § 62; Code 1915, § 5240; C.S. 1929, § 132-174; 1941 Comp., § 8-822; 1953 Comp., § 7-8-22. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For appraisement of state lands, see 19-7-1 NMSA 1978. For false swearing in purchase or lease application or appraisement, see 19-7-7 NMSA 1978. Procedure for leasing or selling state lands for townsite purposes is mandatory. 1931 Op. Att'y Gen. No. 31-52.
NM Stat § 19-7-22 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-22 - [Cemetery or school site lands; subdivision and sale.]

Should any state lands be valuable or desirable for cemetery or school site purposes, the commissioner may subdivide and sell such lands for such purposes in accordance with law. History: Laws 1912, ch. 82, § 63; Code 1915, § 5241; C.S. 1929, § 132-175; 1941 Comp., § 8-823; 1953 Comp., § 7-8-23. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-7-23 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-23 - [School section used for cemeteries; not to be sold.]

Where a school section of the state or any part thereof has been used for cemeteries or cemetery purposes prior to January 6, 1912, that part of said section, not exceeding one hundred and sixty (160) acres may be set aside by the commissioner of public lands and forever reserved for such cemetery purposes and no sale thereof shall be made by the commissioner of public lands. History: Laws 1913, ch. 30, § 1; Code 1915, § 561; C.S. 1929, § 20-102; 1941 Comp., § 8-824; 1953 Comp., § 7-8-24. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-7-24 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-24 - [Management of cemeteries on school sections; sale of lots; cemetery association.]

Where a school section or any part thereof is used for cemetery purposes under the provisions of the preceding section [19-7-23 NMSA 1978], the management and control thereof is hereby given to the governing body of the city, town or village now using the same for such purpose, but said governing body shall not be authorized to sell any portion of such lands, except for cemetery lots or other purposes directly connected with cemetery purposes. That sales of said lands for cemetery purposes shall be made by such governing body and the money received from the sale thereof shall be converted into a fund which shall be used only for the care and maintenance of said cemetery. Said cemetery may be managed and controlled by a cemetery association created or authorized by the governing body of such city, town or village. History: Laws 1913, ch. 30, § 2; Code 1915, § 562; C.S. 1929, § 20-103; 1941 Comp., § 8-825; 1953 Comp., § 7-8-25. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For municipal cemeteries, see 3-40-1 to 3-40-9 NMSA 1978.
NM Stat § 19-7-26 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-26 - State irrigable lands; sale; conveyance to United States.

No lands belonging to the state, within the areas to be irrigated from works constructed or controlled by the United States, or its duly authorized agencies, shall hereafter be sold except in conformity with the classification of farm units by the United States, and the title to such lands shall not pass from the state until the applicant therefor shall have fully complied with the provisions of the laws of the United States and the regulations thereunder concerning the acquisition of the right to use water from such works and shall produce the evidence thereof duly issued. After the withdrawal of lands by the United States for any irrigation project, no application for the purchase of state lands within the limits of such withdrawal shall be accepted, except upon the conditions prescribed in this section. Any state lands needed by the United States for irrigation works shall be conveyed to the United States in consideration of the conveying by the United States, from its public lands or domain, lands of equal quality or value. History: Laws 1907, ch. 49, § 55; Code 1915, § 5713; C.S. 1929, § 151-166; Laws 1941, ch. 126, § 22; 1941 Comp., § 8-827; 1953 Comp., § 7-8-27. ANNOTATIONSCross references. — For relinquishment to United States of lands needed for irrigation works and selection of other lands in lieu thereof, see §§ 10, 11 of the Enabling Act. For the Enabling Act, see the New Mexico Territorial Laws and Treaties on NMOneSource.com. Am. Jur. 2d, A.L.R. and C.J.S. references. — 73A C.J.S. Public Lands § 181.
NM Stat § 19-7-27 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-27 - [Lands subject to lease.]

All lands owned by the state of New Mexico shall be subject to lease as provided by law; provided, however, that the commissioner of public lands must give first preference in all cases to any department of the state which has been authorized by the legislature to acquire lands for the purpose of erecting thereon buildings for state use. History: Laws 1912, ch. 82, § 12; Code 1915, § 5189; C.S. 1929, § 132-112; 1941 Comp., § 8-828; Laws 1951, ch. 108, § 1; 1953 Comp., § 7-8-28. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For right of existing grazing lessee to meet higher rental offer of new applicant for lease, 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. For lease preference rights of municipality, county or school district, see 19-7-56 NMSA 1978. Meaning of "owned". — The word "owned" applies to any lands in which the state has any right or interest, whether or not full title has been acquired. Makemson v. Dillon, 1918-NMSC-040, 24 N.M. 302, 171 P. 673. Townsite procedure mandatory. — Procedure for leasing or selling state lands for townsite purposes is mandatory. 1931 Op. Att'y Gen. No. 31-52. Am. Jur. 2d, A.L.R. and C.J.S. references. — 73A C.J.S. Public Lands § 197.
NM Stat § 19-7-30 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-30 - Grazing or agricultural leases; maximum term; method of payment.

All leases for grazing or agricultural purposes shall be for a term of not exceeding five years except as provided in this chapter. All rents are payable cash in advance or, if the lessee so elects, may be divided into five equal annual payments as follows: one-fifth in advance, the remainder to be evidenced by four equal joint and several promissory notes of even date with the lease, signed by the lessee and by two other persons satisfactory to the commissioner, due in one, two, three and four years respectively, but the commissioner may by regulation provide for waiving the promissory note requirement and may also by regulation provide for acceptance of a surety bond in lieu of promissory notes. All leases shall terminate on the thirtieth of September. History: Laws 1912, ch. 82, § 14; Code 1915, § 5191; C.S. 1929, § 132-114; 1941 Comp., § 8-831; 1953 Comp., § 7-8-31; Laws 1971, ch. 90, § 1. ANNOTATIONSCross references. — For bidding requirements for leases of greater than five years' duration, see § 10 of the Enabling Act. For the Enabling Act, see the New Mexico Territorial Laws and Treaties on NMOneSource.com. Renewal of lease. — C.S. 1929, § 132-120, which gave to good-faith lessee of state lands preferred right to renew lease, applied to leases under this section. State ex rel. McElroy v. Vesely, 1935-NMSC-096, 40 N.M. 19, 52 P.2d 1090, explained in Ellison v. Ellison, 1944-NMSC-012, 48 N.M. 80, 146 P.2d 173. Lease relinquishment and consolidation. — Allowing relinquishment of a lessee's several existing leases on grazing or agricultural lands subject to the Enabling Act and permitting application for a new consolidated lease, with 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. Law reviews. — For comment, "Grazing Rights: Time for a New Outlook," see 32 Nat. Resources J. 623 (1992). Am. Jur. 2d, A.L.R. and C.J.S. references. — Agricultural leases, construction and effect of statutes limiting duration of, 17 A.L.R.2d 566.
NM Stat § 19-7-31 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-31 - [Power of commissioner to reject grazing lease application by a previous lessee when land is located within Taylor grazing allotment of another.]

At the expiration of any lease issued for grazing purposes only, the commissioner of public lands in his discretion and after investigation of facts may withhold approval of application to lease any land filed by a previous lessee, which land is located within the duly permitted individual Taylor grazing allotment of another where the land is not being used by prior lessee; provided, however, the holder of such grazing allotment has made timely and proper application to lease such land. History: 1941 Comp., § 8-831a, enacted by Laws 1947, ch. 177, § 1; 1953 Comp., § 7-8-32. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The "Taylor grazing allotment" apparently refers to permits under the Taylor Grazing Act, 43 U.S.C. § 315 et seq.
NM Stat § 19-7-32 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-32 - [Open and unleased land within Taylor grazing allotment of another.]

The commissioner of public lands in his discretion and after investigation of the facts may withhold approval of application to lease any land which at any time is open and unleased for grazing purposes, whether now owned, or hereafter acquired, by the state of New Mexico, which land is located within the duly permitted individual Taylor grazing allotment of another; provided, however, that the holder of such allotment permit, after reasonable notice, shall make application therefor. History: 1941 Comp., § 8-831b, enacted by Laws 1947, ch. 177, § 2; 1953 Comp., § 7-8-33. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The "Taylor grazing allotment" apparently refers to permits under the Taylor Grazing Act, 43 U.S.C. § 315 et seq.
NM Stat § 19-7-33 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-33 - [Right of relinquishment not restricted.]

Nothing herein [19-7-31 to 19-7-33 NMSA 1978] shall be construed as restricting the right of relinquishment. History: 1941 Comp., § 8-831c, enacted by Laws 1947, ch. 177, § 3; 1953 Comp., § 7-8-34. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 19-7-34 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-34 - [Rent lien; attachment; forfeiture.]

Rentals shall constitute a first lien on any and all improvements and crops upon the land leased, prior and superior to any other lien or encumbrance whatsoever whether created with or without notice of the lien for rental due or to become due. When any rental is due and unpaid the commissioner may forthwith attach, without attachment bond, all improvements and crops upon the land leased, or so much thereof as may be sufficient to pay such rental together with all costs necessarily incurred in the enforcement of such lien, and the enforcement of such lien shall work a forfeiture of such lease. The failure of any lessee of state land to pay the rental therefor when due or to furnish additional security for any deferred payment, when required by the commissioner, shall be sufficient cause for declaring any such lease forfeited. History: Laws 1912, ch. 82, § 16; Code 1915, § 5193; C.S. 1929, § 132-116; 1941 Comp., § 8-833; 1953 Comp., § 7-8-36. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For forfeiture on failure to comply with contract of purchase, see 19-7-19 NMSA 1978. For forfeiture of agricultural or grazing 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 for defrauding state of royalties, see 19-8-1 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 forfeiture on failure to comply with coal lease, see 19-9-13 NMSA 1978. For cancellation of oil and gas lease, see 19-10-20 NMSA 1978. For forfeiture of timberlands purchase contract for failure to observe protective regulations, see 19-11-4 NMSA 1978. For forfeiture of lease under Geothermal Resources Act, see 19-13-23 NMSA 1978. Options on default. — Where the lessee of a grazing lease of public lands had defaulted on payments of notes, the commissioner had the option to look to lessee and endorsers for payment, and to the security of the lien on improvements, or cancel the lease. An acceleration clause in the lease is within the power of the commissioner to insert. Raynolds v. Hinkle, 1933-NMSC-060, 37 N.M. 493, 24 P.2d 738. Am. Jur. 2d, A.L.R. and C.J.S. references. — Subrogation of lessee in respect of liens superior to his lease, 1 A.L.R.2d 286. Tenant's right to lien, in absence of agreement therefor, for improvements made on leased premises, 25 A.L.R.2d 885. Compensation for improvements made or placed on premises of another by mistake, 57 A.L.R.2d 263.
NM Stat § 19-7-35 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-35 - [Cancellation or forfeiture of agricultural or grazing leases restricted; sale of leased land.]

That no lease of state lands for agricultural or grazing purposes shall be canceled or forfeited by the commissioner of public lands, before the expiration of the full term thereof, without the written consent of the lessee, except for fraud, collusion, mutual mistake or default of the lessee, and the right to cancel or forfeit such lease without cause, based on any agreement or consent contained in such lease is hereby waived. All sales of state lands embraced within such lease shall be made subject to all the terms and provisions thereof, except the right of the lessee to a renewal at the end of the term. Provided that nothing in this act [section] shall prevent the commissioner from granting right-of-way [rights-of-way] and easements over, across or upon the land embraced in the lease for public highways, railroads, tramways, telegraph, telephone and power lines, irrigation works, mining, logging and business leases. History: Laws 1935, ch. 130, § 1; 1941 Comp., § 8-834; 1953 Comp., § 7-8-37. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For forfeiture of contract for failure to comply therewith, see 19-7-19 NMSA 1978. For forfeiture of lease for failure to pay rent, see 19-7-34 NMSA 1978. For forfeiture procedure on violation of lease or other written instrument, see 19-7-50 NMSA 1978. For forfeiture for defrauding state of royalties, see 19-8-1 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 forfeiture on failure to comply with coal lease, see 19-9-13 NMSA 1978. For cancellation of oil and gas lease, see 19-10-20 NMSA 1978. For forfeiture of timberlands purchase contract on failure to observe protective regulations, see 19-11-4 NMSA 1978. For forfeiture of lease under Geothermal Resources Act, see 19-13-23 NMSA 1978. Consent to sale. — Where the lessee of state lands makes application for a sale of the land under lease, his application constitutes a consent to a sale to another party in event he is outbid at the sale held pursuant to his application therefor. 1949 Op. Att'y Gen. No. 49-5186.
NM Stat § 19-7-38 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 7 - Sale and Lease of Lands|Section 19-7-38 - [Presenting assignment to commissioner; indexing; filing; public inspection.]

All such assignments shall be presented to the commissioner of public lands for his approval, and, after approval by the commissioner, shall be indexed in a book kept for that purpose and filed in a suitable place provided by the commissioner. The commissioner is authorized and directed to provide and install, as soon as possible after the passage of this act [19-7-37 to 19-7-45 NMSA 1978], a full and complete system for the indexing and filing in his office of such assignments, as is necessary for carrying out the provisions of this act, and such indexes and files shall be open for inspection by the public during business hours of the office of the commissioner of public lands, under such reasonable rules and regulations as may be prescribed by the commissioner. History: Laws 1933, ch. 126, § 2; 1939, ch. 48, § 2; 1941 Comp., § 8-837; 1953 Comp., § 7-8-40. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.