reglab/housing_qa huggingface dataset:
NM Stat § 19-8-12 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 8 - Lease of Mineral Lands|Section 19-8-12 - [Shale, clay, natural deposit or product lease; conditions; improvement mortgages void.]

The commissioner may also execute leases for the mining, extraction or disposition of shale, clay or other natural deposits in or upon, or products of, state lands, not otherwise provided for in this chapter, upon such terms and conditions as he may deem for the best interests of the state, not repugnant to law. Any mortgage upon improvements on any such lands so leased shall be void. History: Laws 1912, ch. 82, § 42; Code 1915, § 5220; C.S. 1929, § 132-143; 1941 Comp., § 8-915; 1953 Comp., § 7-9-15. 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. Program for removal of certain firewood from state trust lands authorized. — The commissioner is authorized under this section to implement a fee lease program for the removal of dead and down firewood from state trust lands. 1980 Op. Att'y Gen. No. 80-13. Removal of dead and down firewood would benefit land and would be in the best interest of the state. 1980 Op. Att'y Gen. No. 80-13. Am. Jur. 2d, A.L.R. and C.J.S. references. — Clay, sand or gravel as "minerals" within lease, 95 A.L.R.2d 843.
NM Stat § 19-8-13 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 8 - Lease of Mineral Lands|Section 19-8-13 - [Mineral lands; development.]

All lands under lease for extraction of coal or other deposits, shall be developed and operated in a workmanlike manner and with a view to development of the whole area tributary to the shafts, drifts, tunnels or other openings made, and failure of the lessee or his assigns to observe this provision shall be cause for cancellation and forfeiture of the lease thereon in the manner hereinbefore provided in this chapter. History: Laws 1912, ch. 82, § 43; Code 1915, § 5221; C.S. 1929, § 132-144; 1941 Comp., § 8-916; 1953 Comp., § 7-9-16. 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 forfeiture of lease for failure to pay rent, see 19-7-34 NMSA 1978. For grounds of forfeiture of grazing or agricultural lease, 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 the state of royalties, see 19-8-1 NMSA 1978. For forfeiture of coal lease on failure to comply with terms thereof, see 19-9-13 NMSA 1978. For cancellation of oil and gas lease, see 19-10-20 NMSA 1978. For forfeiture of lease under the Geothermal Resources Act, see 19-13-23 NMSA 1978.
NM Stat § 19-8-14 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 8 - Lease of Mineral Lands|Section 19-8-14 - Issuance of mineral leases authorized; minerals not included.

The commissioner of public lands, hereinafter referred to as the "commissioner," is hereby authorized to execute and issue in the name of the state of New Mexico, as lessor, leases for the sole and exclusive purpose of prospecting, exploration and mining of all minerals other than common salt, oil and gas, coal, shale, clay, gravel, building stone and building materials, potassium, sodium, phosphorus and other minerals of similar occurrence, and their salts and compounds upon or from any public lands over which the commissioner has jurisdiction, direction, control, care and disposition under the constitution and laws of the state of New Mexico, such leases to be issued upon such terms and conditions as the commissioner may deem to be to the best interests of the state of New Mexico and not inconsistent with the provisions of this act [19-8-14 to 19-8-18, 19-8-21 to 19-8-33 NMSA 1978]. History: 1953 Comp., § 7-9-17, enacted by Laws 1955, ch. 53, § 1. ANNOTATIONSCross references. — For reservation of mineral lands of state from sale, see 19-7-25 NMSA 1978. Prospecting of state lands. — Section 5209, 1915 Code, which authorized leasing of state lands for prospecting or development of lodes or deposits of metals or minerals, assumed that the lands to be so prospected were not known to be mineral lands. State ex rel. Otto v. Field, 1925-NMSC-019, 31 N.M. 120, 241 P. 1027. Am. Jur. 2d, A.L.R. and C.J.S. references. — Mistake as to existence, practicability of removal or amount of minerals as ground for relief from lease, 163 A.L.R. 878. Rights of tenants for years and remaindermen inter se in royalties or rents under coal or other mineral lease, 18 A.L.R.2d 98. Right of mineral lessee to deposit top soil, waste minerals and like upon lessor's additional land not being mined, 26 A.L.R.2d 1453. Construction and effect of provision in mineral lease excusing payment of minimum rent or royalty, 28 A.L.R.2d 1013. Oil and gas as "minerals" within lease, 37 A.L.R.2d 1440. Clay, sand or gravel as "minerals" within deed, lease or license, 95 A.L.R.2d 843. 58 C.J.S. Mines and Minerals § 129.
NM Stat § 19-8-15 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 8 - Lease of Mineral Lands|Section 19-8-15 - Minerals, lessees, legal subdivision defined.

The term "minerals" as used in this act [19-8-14 to 19-8-18, 19-8-21 to 19-8-33 NMSA 1978] shall be construed to include all mineral deposits, whether the same be lode, placer or otherwise, and unless otherwise specifically indicated the term "lessee" as used in this act shall be construed to include an assignee under an assignment approved pursuant to Section 13 [19-8-28 NMSA 1978] of this act. The term "legal subdivision" as used in this act shall be construed in its ordinary sense, as used and recognized by the general land office of the United States and the state land office of the state of New Mexico. History: 1953 Comp., § 7-9-18, enacted by Laws 1955, ch. 53, § 2. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Oil and gas as "minerals" within deed, lease or license, 37 A.L.R.2d 1440. Clay, sand or gravel as "minerals" within lease, 95 A.L.R.2d 843.
NM Stat § 19-8-16 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 8 - Lease of Mineral Lands|Section 19-8-16 - Validation of existing leases and permits; renewals of permits prohibited.

All prospecting permits and leases issued prior to the effective date of this act which have not expired, or which have not been canceled legally for nonperformance, are hereby declared to be valid and existing contracts with the state of New Mexico according to their terms and provisions, and the commissioner is hereby directed to accept and recognize all such permits and leases according to their terms and provisions. Provided, further, that no such existing prospecting permits shall be extended, renewed or otherwise prolonged or enlarged as to length of term. History: 1953 Comp., § 7-9-19, enacted by Laws 1955, ch. 53, § 3.
NM Stat § 19-8-17 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 8 - Lease of Mineral Lands|Section 19-8-17 - Relinquishment of permits for conversion.

Any legal owner and holder of any placer prospecting permit issued by the commissioner prior to the effective date of this act, if not in default of any of the provisions thereof, may relinquish the same to the state and, upon application filed at the time of filing such relinquishment, the commissioner shall issue a lease in accordance with the provisions of this act [19-8-14 to 19-8-18, 19-8-21 to 19-8-33 NMSA 1978]. History: 1953 Comp., § 7-9-20, enacted by Laws 1955, ch. 53, § 4.
NM Stat § 19-8-18 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 8 - Lease of Mineral Lands|Section 19-8-18 - Term of leases.

All leases issued under the provisions of Sections 19-8-14 through 19-8-33 NMSA 1978 shall be for a primary term of three years and as long thereafter as any mineral or minerals in paying quantities be produced or mined from the lands, subject to the continued payment of annual rentals. If lessee shall fail to discover and produce minerals in paying quantities during the primary term of the lease, the lessee may continue the lease in full force and effect for an additional or secondary term of two years and as long thereafter as any mineral or minerals in paying quantities be produced or mined from the leased land, by paying each year in advance ten times the rental provided in the primary term. Provided, however, if the lessee shall fail to discover and produce minerals in paying quantities during the secondary term of the lease, the lessee of record or the record owner of an approved assignment may continue the lease, as to the portion held by him, in full force and effect for an additional or tertiary term of five years and so long thereafter as any mineral or minerals in paying quantities by [be] produced or mined from the leased land, by paying each year in advance three dollars ($3.00) per acre per year as rental. If the lessee shall fail to discover and produce minerals in paying quantities during the tertiary term of the lease, the lessee of record or the record owner of an approved assignment may continue the lease, as to the portion held by him, in full force and effect for an additional or quarternary [quaternary] term of five years and so long thereafter as any mineral or minerals in paying quantities be produced or mined from the leased land, by paying each year in advance of the lease anniversary date ten dollars ($10.00) per acre per year as rental, plus a sum as advance royalty computed as follows: for the 11th year, ten dollars ($10.00) per acre per year; for the 12th year, twenty dollars ($20.00) per acre per year; for the 13th year, thirty dollars ($30.00) per acre per year; for the 14th year, forty dollars ($40.00) per acre per year; and for the 15th year, fifty dollars ($50.00) per acre per year. Provided, however, upon the commencing of the production of minerals in paying quantities, the principal sum so paid as advance royalty for the lease year in which the mineral is produced and the advance royalty paid for the two previous years shall be credited against the royalty payable hereunder to the lessor. History: 1953 Comp., § 7-9-21, enacted by Laws 1955, ch. 53, § 5; 1959, ch. 42, § 1; 1977, ch. 147, § 1. 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. — Relief against forfeiture of lease for nonpayment of rent, 31 A.L.R.2d 321. Termination: rights of lessee to minerals extracted during the lease but remaining on the premises after its termination, 51 A.L.R.2d 1121.
NM Stat § 19-8-19 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 8 - Lease of Mineral Lands|Section 19-8-19 - [Terms of leases; stipulation of conditions under statute; filing and recording.]

The record owners or owner of any mineral lease or approved assignment thereof heretofore issued by the commissioner and maintained in good standing may enter into a stipulation with the commissioner of public lands making the terms and conditions of this act [19-8-18, 19-8-19 NMSA 1978] a part of any such existing lease, the same as if said provisions had been a part of said lease when issued. The commissioner may charge a fee not to exceed ten dollars ($10.00) for the filing and recording of such stipulation. Provided, further, that if for any reason beyond the control of the lessee production of minerals in paying quantities shall cease after the secondary term has expired, the producing lessee may, with the written permission of the commissioner, continue said lease in operation and effect from year to year for an additional period not to exceed three (3) years by continued payment in advance of annual rentals at the rate provided in the secondary term of the lease. History: 1953 Comp., § 7-9-21.1, enacted by Laws 1959, ch. 42, § 2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For subsequent provisions dealing with terms of leases, stipulation of conditions under statute and filing and recording, see 19-8-20 NMSA 1978.
NM Stat § 19-8-19.1 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 8 - Lease of Mineral Lands|Section 19-8-19.1 - Suspension of lease requirement; authorization by commissioner; causes; duration.

A. In all cases where the lessee of a valid lease issued under the provisions of Sections 19-8-14 through 19-8-33 NMSA 1978, or the record owner of an approved assignment of such lease, provides to the commissioner of public lands proof of discovery on such lease of an ore body containing valuable mineral deposits deemed to be of merchantable quality and quantity, the commissioner of public lands upon proper application by the lessee or the record owner and after notice and hearing shall authorize a suspension of the lease during either the primary, secondary, tertiary, quaternary or indeterminable terms of such lease for such period as may be fixed by him if the commissioner is satisfied that: (1) marketing conditions beyond the control of the lessee are such that the lease cannot be mined and the ore marketed except at a loss; or (2) temporary conditions exist beyond the control of the lessee, with regard to the leased land then being mined, which would operate to prevent the mining of the maximum minable ore in keeping with safe mining practices. B. A suspension authorized by the commissioner pursuant to the provisions of Subsection A of this section shall take effect as of the date of the commissioner's decision and shall suspend the lease for the period of such suspension, but in no event shall any single suspension be for a period longer than five years. C. All obligations of the lessee under a lease suspended pursuant to the provisions of this section shall be suspended, including the payment of rentals and advance royalties; provided, however, that the lessee shall pay an annual rental of sixty dollars ($60.00) per acre per year for each year of suspension. D. A suspension authorized by the commissioner pursuant to this section shall not subject the suspended lease to the provisions of Section 19-8-20 NMSA 1978. History: 1978 Comp., § 19-8-19.1, enacted by Laws 1983, ch. 3, § 1.
NM Stat § 19-8-20 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 8 - Lease of Mineral Lands|Section 19-8-20 - Leases; stipulation; rental.

The record owners or owner of any mineral lease or approved assignment thereof heretofore issued by the commissioner, which lease has not expired by its own terms, which has not been canceled by the commissioner and which has otherwise been maintained in good standing, may enter into a stipulation with the commissioner of public lands making the terms and conditions of Sections 19-8-14 through 19-8-33 NMSA 1978 a part of any such existing lease, the same as if said provisions had been a part of said lease when issued. In such case, the basic royalty payable to the lessor on production thereafter obtained from the stipulated lease or portion thereof shall be at the rate set in new leases then being issued by the lessor. The commissioner may charge a fee not to exceed ten dollars ($10.00) for the filing and recording of such stipulation. If production in paying quantities be had during any of the aforesaid set terms and thereafter ceases before all of the set terms would have expired, the lease shall be deemed to be a nonproducing lease from that date and lessee shall have the unexpired portion of said set term and any subsequent terms within which to resume production in paying quantities. When such production is resumed, the term of the lease shall continue for so long thereafter as minerals in paying quantities be produced or mined from the leased land. In such cases, the rental rate for the lease or the portion thereof, shall be the rental provided in the term in which such production is resumed; the new rental shall be payable on the anniversary date next following the date production is resumed. Provided, further, that if for any reason beyond the control of the lessee production of minerals in paying quantities shall cease after all of the set terms have expired, the producing lessee may, with the written permission of the commissioner, continue said lease in operation and effect from year to year for an additional period not to exceed three years by continued payment in advance of annual rentals at the rate provided in the final term of the lease. History: 1953 Comp., § 7-9-21.2, enacted by Laws 1977, ch. 147, § 2. ANNOTATIONSCross references. — For antecedent provisions dealing with terms of leases, stipulation of conditions under statute and filing and recording, see 19-8-19 NMSA 1978.
NM Stat § 19-8-21 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 8 - Lease of Mineral Lands|Section 19-8-21 - Rentals.

All leases issued by the commissioner shall provide for an annual rental to be paid by the lessee in advance, the amount thereof to be fixed by the commissioner, but in no case shall the same be less than five cents (5 ) per acre for the primary term nor less than fifty cents (50 ) per acre for the secondary term; provided that the annual rental for any one lease shall not be less than ten dollars ($10.00). History: 1953 Comp., § 7-9-22, enacted by Laws 1955, ch. 53, § 6. ANNOTATIONSCross references. — For interest on delinquent payments of rental, see 19-1-3 NMSA 1978. Law reviews. — For comment, "Taxation of the Uranium Industry: An Economic Proposal," see 7 N.M. L. Rev. 69 (1976-77).
NM Stat § 19-8-22 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 8 - Lease of Mineral Lands|Section 19-8-22 - Royalty.

In addition to the annual rental, lessee shall be required to pay to the commissioner a royalty of not less than two percent (2%) of the gross returns from the smelter, mill, reduction process or other sale, less reasonable transportation and smelting or reduction charges, if any, of all ores or materials mined and extracted from the land. In addition, lessee shall pay to the commissioner as royalty not less than two percent (2%) of any and all premiums and bonuses received in connection with the discovery, production or marketing. Provided that on deposits of rare earths, precious stones or semi-precious stones, and on uranium, thorium, plutonium or any other materials which have been or may hereafter be determined by the atomic energy commission to be peculiarly essential to the production of fissionable materials, lessee shall pay a royalty to be agreed upon by the lessee and the commissioner, but not less than five percent (5%) of the gross returns from the smelter, mill, reduction process or other sale, less reasonable transportation and smelting or reduction charges, if any, of all ores or materials mined and extracted from the land. In addition, lessee shall pay to the commissioner as royalty not less than five percent (5%) of any and all premiums and bonuses received in connection with the discovery, production or marketing of such ores or materials. Accounting for all royalties shall be made on the twentieth (20th) day of the month following the month of sale or receipt of premium or bonus. History: 1953 Comp., § 7-9-23, enacted by Laws 1955, ch. 53, § 7. ANNOTATIONSCompiler's notes. — Under former 72-6-7, 1953 Comp., relating to valuation of mineral interests for tax purposes, where a sub-lessee was the producing operator and paid royalties to the state, he and not the original lessee should be allowed royalty-payment deductions. Law reviews. — For comment, "Taxation of the Uranium Industry: An Economic Proposal," see 7 N.M. L. Rev. 69 (1976-77). Am. Jur. 2d, A.L.R. and C.J.S. references. — Real or personal property, solid mineral royalty as, 68 A.L.R.2d 728. Payment of stipulated minimum royalties or annual rental under solid mineral lease as precluding lessor's claim of forfeiture or abandonment, 87 A.L.R.2d 1076.
NM Stat § 19-8-23 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 8 - Lease of Mineral Lands|Section 19-8-23 - Covenants to market and develop.

All leases issued under the provisions of this act [19-8-14 to 19-8-18, 19-8-21 to 19-8-33 NMSA 1978] shall contain provisions requiring the lessees to market the mineral or minerals within a reasonable time after production is had. In addition, said leases shall contain provisions requiring the lessees to use reasonable diligence, after production is had, in prospecting for and developing all commercial deposits of mineral or minerals. The commissioner may cancel leases for violation of such marketing and developing provisions only after notice and in the manner as provided in Section 12 [19-8-27 NMSA 1978] of this act, and in all cases of controversy arising out of such cancellation the lessee shall have the burden of proof by a preponderance of the evidence that further development is not warranted, or is unreasonable, or that a market is not available, as the case may be. History: 1953 Comp., § 7-9-24, enacted by Laws 1955, ch. 53, § 8. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Marketing: duty of lessee or assignee of solid mineral lease as regards marketing of mineral products, 77 A.L.R.2d 1058.
NM Stat § 19-8-24 (2021)
2021 New Mexico Statutes|Chapter 19 - Public Lands|Article 8 - Lease of Mineral Lands|Section 19-8-24 - Bonds.

Before any lessee of minerals shall commence development or operations upon the lands, such lessee shall execute and file with the commissioner a good and sufficient bond or undertaking in an amount to be fixed by the said commissioner, but not less than five thousand dollars ($5,000), in favor of the state of New Mexico, for the benefit of any surface lessee, patentee or contract purchaser, to secure the payment for such damage to the livestock, water, crops or other tangible improvements on such lands as may be suffered by reason of development, use and occupation of such lands by the said mining lessee. Provided in lieu thereof any lessee owning one or more mining leases may file a blanket bond in an amount to be fixed by the commissioner, but not less than ten thousand dollars ($10,000), covering all leases then owned or thereafter acquired by him. Provided, further, that if any such surface lessee, patentee or contract purchaser shall file with the commissioner a waiver duly executed and acknowledged by him of his right to require such bond, such development, occupation and use of the lands by a mineral lessee may be permitted without the bond herein required. In addition, lessee may be required to furnish a bond in a reasonable amount to be set by the commissioner to guarantee payment of royalties to become due under the lease. History: 1953 Comp., § 7-9-25, enacted by Laws 1955, ch. 53, § 9; 1957, ch. 42, § 1. ANNOTATIONSCross references. — For bond required of mineral lessee of lands sold on deferred payment plan with reservation of minerals, see 19-10-26 NMSA 1978. For bond filed by person leasing state lands for geothermal resource development, see 19-13-18 NMSA 1978.