reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 4 - Chilili Grant › Section 49-4-13 - Meetings to be public; annual report.

A. All meetings of the board of trustees shall be held in accordance with the Open Meetings Act [Chapter 10, Article 15 NMSA 1978]. Executive sessions shall not be held except in accordance with the Open Meetings Act. All heirs of the land grant-merced shall have the right to be present at all times when the board of trustees is in session and to be heard on all matters in which they may be interested.
B. The board of trustees shall annually make public a report of all its transactions for that year. The report shall include agendas, minutes, any actions taken and all financial transactions. The report shall be maintained in a public place and available for public review.
C. The secretary of the board of trustees shall reduce to writing, in a book kept for that purpose, minutes of the business transacted at each meeting of the board of trustees.
History:
Laws 2007, ch. 145, § 12.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 145, § 22 made Laws 2007, ch. 145, § 12 effective July 1, 2007.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 4 - Chilili Grant › Section 49-4-14 - Vacancies.

If a vacancy occurs on the board of trustees, the remaining members shall fill the vacancy by appointment made at a regular meeting. The person appointed shall hold office until the next regular election.
History:
Laws 2007, ch. 145, § 13.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 145, § 22 made Laws 2007, ch. 145, § 13 effective July 1, 2007.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 4 - Chilili Grant › Section 49-4-15 - Salaries of trustees; records; expenditures.

A. The board of trustees may fix in the land grant-merced bylaws and pay to its members a salary not to exceed two hundred dollars ($200) to any member in one month. The salary as fixed shall be in full as compensation for the duties performed by the board of trustees or the individual members within the exterior boundaries of the land grant-merced and for attendance at regularly scheduled meetings. The secretary of the board of trustees may be allowed a salary not to exceed two hundred twenty-five dollars ($225) in one month.
B. Board of trustees members may be authorized per diem and mileage pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
C. The board of trustees and the treasurer shall keep permanent and legible records capable of audit, and no money or funds shall be paid by the board of trustees or by any person authorized to expend money unless the expenditure is approved by a majority of the board of trustees and is in the form of a written check or in such a form that the date, amount and payee of the transaction are automatically recorded; and the payment is supported by an invoice or receipt.
History:
Laws 2007, ch. 145, § 14; 2015, ch. 40, § 4.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, placed certain requirements on the expenditure of funds by the board of trustees of a land grant-merced; in Subsection C, after "expend money", deleted "except by written check drawn upon vouchers" and added the remainder of the sentence.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 4 - Chilili Grant › Section 49-4-16 - Protection of common lands; delinquency; forfeiture.

A. If the board of trustees brings an action in accordance with Subsection B of Section 4 of this 2007 act [49-4-5 NMSA 1978] and judgment is rendered in favor of the board of trustees, the court may award to the board of trustees possession of the tract, piece or parcel of the land and such damages as it may have proved for the wrongful detention and any other remedy provided for by law.
B. A delinquent heir shall lose all right that the heir may have had to use the common lands of the land grant-merced unless the heir pays in full all legal assessments or dues due by the heir.
History:
Laws 2007, ch. 145, § 15.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 145, § 22 made Laws 2007, ch. 145, § 15 effective July 1, 2007.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 4 - Chilili Grant › Section 49-4-17 - Trespass on common lands or waters; injunctions.

The courts of this state shall entertain bills of complaint filed by the board of trustees of the land grant-merced to enjoin persons from trespassing upon the common lands or using the common waters within the land grant-merced if it appears that the complainant is without a plain, speedy and adequate remedy at law or that the persons committing trespass are insolvent or unable to respond in damages.
History:
Laws 2007, ch. 145, § 16.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 145, § 22 made Laws 2007, ch. 145, § 16 effective July 1, 2007.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 4 - Chilili Grant › Section 49-4-18 - Process; how served on board.

Process in all actions or suits against the board of trustees of the land grant-merced shall be served upon the president or, in the president's absence, upon the secretary.
History:
Laws 2007, ch. 145, § 17.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 145, § 22 made Laws 2007, ch. 145, § 17 effective July 1, 2007.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 4 - Chilili Grant › Section 49-4-19 - Registration.

The board of trustees shall register its bylaws and a list of current officers with the land grant council in accordance with the provisions of Section 49-1-23 NMSA 1978. The board of trustees shall notify the land grant council of the names and positions of the land grant-merced's elected or appointed officers upon their election or appointment.
History:
Laws 2007, ch. 145, § 18; 2013, ch. 4, § 2.
ANNOTATIONS
The 2013 amendment,
effective March 8, 2013, transferred the New Mexico community land grant registry from the secretary of state to the land grant council; and in the first sentence, after "current officers with the", deleted "secretary of state" and added "land grant council", and in the second sentence, after "shall notify the", deleted "secretary of state" and added "land grant council".
Temporary provisions.
— Laws 2013, ch. 4, § 3, effective March 8, 2013, provided that the secretary of state shall transfer to the land grant council the New Mexico community land grant registry, all associated records and all other records and documents submitted to the secretary of state pursuant to Sections 49-1-23 and 49-4-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 4 - Chilili Grant › Section 49-4-20 - Failure of trustee to perform duties; penalty.

Any member of the board of trustees who fails or refuses to perform any of the duties required to be performed by the board of trustees of the land grant-merced by Chapter 49, Article 4 NMSA 1978 or by any other law of New Mexico is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) or by imprisonment in the county jail for a period of not less than thirty days nor more than ninety days, or both.
History:
Laws 2007, ch. 145, § 19.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 145, § 22 made Laws 2007, ch. 145, § 19 effective July 1, 2007.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 4 - Chilili Grant › Section 49-4-21 - Rights of lessees and purchasers.

A. A person who is not an heir and who purchases or leases property within the limits of the land grant-merced shall only have a right to the lands acquired through the purchase or lease but not to any common lands within the land grant-merced.
B. The provisions of Chapter 49, Article 4 NMSA 1978 shall not diminish, extinguish or otherwise impair any private property interest located within the boundaries of the land grant-merced or be construed to grant the board of trustees regulatory authority over such property interests or lands other than the common lands held by the land grant-merced. As used in this subsection, "property interest" includes valid easements and rights of access, but does not include use rights to the common lands of the land grant-merced.
History:
Laws 2007, ch. 145, § 20.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 145, § 22 made Laws 2007, ch. 145, § 20 effective July 1, 2007.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 5 - Dona Ana County Grants › Section 49-5-1 - [Management vested in boards of trustees; exception.]

That the management and control of the community land grants within the county of Dona Ana, in the state of New Mexico, and the legal and equitable title to all the lands within the exterior boundaries of such grants to which any colony or community is entitled on February 23, 1905, are hereby vested in boards of trustees, each of which shall be elected as in this article provided: provided, however, that nothing in this article shall be construed to in any way affect any land grant now incorporated under the provisions of any general or special act.
History:
Laws 1905, ch. 21, § 1; Code 1915, § 818; C.S. 1929, § 29-301; 1941 Comp., § 9-501; 1953 Comp., § 8-5-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— This article, which is identical with Article 2 of Chapter 22 of the 1915 Code, was not reenacted by its inclusion in that codification, but was compiled therein for convenience only.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
73B C.J.S. Public Lands § 205.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 5 - Dona Ana County Grants › Section 49-5-2 - [Corporate powers; name; process.]

That each of such boards shall be a body corporate, having full power to sue and be sued, besides the other powers hereinafter mentioned. In all suits the said body corporate shall be styled, "The Board of Trustees of the . . . . . . . . . . Community Grant," and all process may be served on either the president or the secretary-and-treasurer of the board of trustees.
History:
Laws 1905, ch. 21, § 2; Code 1915, § 819; C.S. 1929, § 29-302; 1941 Comp., § 9-502; 1953 Comp., § 8-5-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 5 - Dona Ana County Grants › Section 49-5-3 - [Qualifications of trustees.]

That all members of such boards of trustees shall be inhabitants of, and the owners of lands within the limits of the particular grant for which they shall have been elected trustees.
History:
Laws 1905, ch. 21, § 3; Code 1915, § 820; C.S. 1929, § 29-303; 1941 Comp., § 9-503; 1953 Comp., § 8-5-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 5 - Dona Ana County Grants › Section 49-5-4 - [First election of trustees; notice.]

That upon the petition of twenty or more inhabitants of, and owners of lands within, any one of such land grants, it shall be the duty of the board of county commissioners of the said county of Dona Ana to order an election to be held for the choice of a board of trustees for the grant specified in the petition. Such board of county commissioners shall appoint three competent and disinterested persons, qualified to vote under the provisions of this article, to serve as judges of such election and shall by proclamation printed at least once a week for two successive weeks in some newspaper of general circulation published in the said county of Dona Ana give notice of the time and place of such election and the objects thereof.
History:
Laws 1905, ch. 21, § 4; Code 1915, § 821; C.S. 1929, § 29-304; 1941 Comp., § 9-504; 1953 Comp., § 8-5-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 5 - Dona Ana County Grants › Section 49-5-5 - [Election of successors; notice; judges.]

That within thirty days of the expiration of the terms of office of any such board of trustees, it shall be the duty of such board to call an election for the choice of their successors, to fix the time and place for the holding of the same, to appoint qualified persons to act as judges thereof, and to give notice of such election in the manner and for the length of time specified in the preceding section [49-5-4 NMSA 1978].
History:
Laws 1905, ch. 21, § 5; Code 1915, § 822; C.S. 1929, § 29-305; 1941 Comp., § 9-505; 1953 Comp., § 8-5-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 5 - Dona Ana County Grants › Section 49-5-6 - Election; electors; canvassing returns; oath.

At all the elections held under the provisions of this article, each actual inhabitant of the grant and owner of land therein, who has reached the age of majority, shall be entitled to cast one vote in person, and the five persons receiving the highest number of votes cast at any such election shall be the trustees of the grant and hold their offices for the period of two years and until their successors are elected and qualified. At all elections held under the provisions of this article the votes shall be canvassed and the result ascertained and determined by the outgoing board of trustees. Elections shall be conducted in a manner as near as possible to that of elections conducted under the Election Code [Chapter 1 NMSA 1978]. Each member of the board of trustees shall qualify within ten days after his election by filing with the secretary-and-treasurer an oath subscribed by him to the effect that he will faithfully discharge the duties of his office, which oath shall be recorded in the minutes of the proceedings of the board.
History:
Laws 1905, ch. 21, § 6; Code 1915, § 823; C.S. 1929, § 29-306; 1941 Comp., § 9-506; 1953 Comp., § 8-5-6; Laws 1973, ch. 138, § 11.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 5 - Dona Ana County Grants › Section 49-5-7 - [Officers; duties; secretary-treasurer's bond; compensation.]

That the board of directors shall choose a president and a secretary-and-treasurer. The president shall be chosen from the members of the board, shall preside at all meetings of the board and act as the executive officer thereof. He shall sign all warrants for the payment of money and all deeds and other instruments of writing requiring the corporate seal.
The secretary-and-treasurer shall give bond to the state of New Mexico in such sum as the board of trustees shall require, the same to be conditioned for the faithful performance of the duties of his office. It shall be his duty to keep a record of the proceedings of the board, which record shall be open to public inspection at all reasonable hours, to attest all warrants for the payment of money and all deeds and other instruments of writing requiring the signature of the president. He shall be the custodian of all funds, moneys and papers belonging to the board of trustees. No compensation shall be voted at any time to any trustee or to any officer thereof, save the secretary-and-treasurer.
History:
Laws 1905, ch. 21, § 7; Code 1915, § 824; C.S. 1929, § 29-307; 1941 Comp., § 9-507; 1953 Comp., § 8-5-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 5 - Dona Ana County Grants › Section 49-5-8 - [General powers of board.]

That said board of trustees shall have the following powers:
A. to control and manage the land grant and prescribe rules and regulations for the administration thereof; to prohibit all trespasses and depredations upon the unallotted and unappropriated lands within the grant; to institute actions of ejectment to recover the possession of any such unallotted and unappropriated lands and any other action or suit that may be necessary and proper in the exercise of the powers herein conferred;
B. to sell, convey, lease, mortgage or otherwise dispose of, under such rules and regulations as the board shall adopt for the purpose, the unallotted and unappropriated lands within the grant; but no such sale, conveyance or mortgaging of any such lands, or lease thereof for a longer period than five years, shall be made until such lands shall have first been appraised by at least two disinterested inhabitants of the grant, to be appointed by the judge of the district court for the county, nor for a sum less than two-thirds of the appraised value;
C. to recognize and confirm by deed of conveyance all bona fide adverse holdings of real estate within the grant: provided, however, that if any such board shall fail or refuse to make such conveyance upon demand the person aggrieved shall have the right to file a bill of complaint in the district court for the county, praying that such board may be compelled to confirm and convey to him and his heirs and assigns the lands described in the bill of complaint. If, upon the hearing of such cause, it shall appear that such person is entitled, under the laws, usages and customs of Spain, Mexico, the state of New Mexico or the United States, to such land, a decree shall be entered in such cause requiring such board of trustees to confirm and convey to him, and his heirs and assigns, the lands aforesaid: provided, however, that no part of the costs of such suit or proceeding [proceedings] shall be taxed to the board of trustees or paid by such board.
Any conveyance made in pursuance of the provisions of this article shall operate to conclude all persons claiming by, through or under the original title upon which the owners of such grant base their claim thereto the lands described in such conveyance. The words "owner" or "owners," wherever the same occur in this article, shall be construed to mean the members of the colony or community to which said grant was originally made, or their successors in interest, including all persons residing within the limits of the grant who shall have been in occupancy and adverse possession of any part or portion of such grant for a period of two years or more next preceding February 23, 1905;
D. to have a common seal;
E. to adopt all necessary rules and regulations for the carrying out of the powers conferred in this article.
History:
Laws 1905, ch. 21, § 8; Code 1915, § 825; C.S. 1929, § 29-308; 1941 Comp., § 9-508; 1953 Comp., § 8-5-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 5 - Dona Ana County Grants › Section 49-5-9 - [Disposition of lands; authorization.]

That no sale, mortgage, lease or other disposition of the unallotted and unappropriated lands within the grant, authorized under the provisions of this article, nor any confirmation or conveyance, as provided in Section 49-5-8 NMSA 1978, shall take effect or become operative until after the regular meeting of the board of trustees held next after the meeting at which the resolution authorizing such sale, mortgage, leasing confirmation, conveyance or other disposition of the lands involved is passed, and the corporation shall not be bound by any such resolution unless the same shall have been passed at a regular meeting of the board and by a majority vote of all the members of the board.
History:
Laws 1905, ch. 21, § 9; Code 1915, § 826; C.S. 1929, § 29-309; 1941 Comp., § 9-509; 1953 Comp., § 8-5-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 5 - Dona Ana County Grants › Section 49-5-10 - [Meetings of board; quorum; vacancies; expenditures.]

That the regular meetings of the board of trustees shall be held on the first Monday of each alternate month. Special meetings may be held at any time on the call of the president of the board. A majority of the board shall constitute a quorum for the transaction of business, save as hereinbefore provided. All vacancies in the board shall be filed [filled] by the remaining qualified members thereof, the persons appointed to fill such vacancies to hold their offices until the election and qualification of their successors. All expenses for holding elections under the provisions of this article, and all expenses necessary and proper incurred in the exercise of the powers herein conferred may be paid by the board of trustees out of the funds belonging to the corporation.
History:
Laws 1905, ch. 21, § 10; Code 1915, § 827; C.S. 1929, § 29-310; 1941 Comp., § 9-510; 1953 Comp., § 8-5-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 6 - Las Vegas Grant › Section 49-6-1 - [Jurisdiction vested in district court.]

That the district court of San Miguel county, in the state of New Mexico, is vested with jurisdiction to manage, control and administer that land claim known as "The Las Vegas Land Grant," confirmed by the act of congress on the twenty-first day of June, A.D. 1860, to the town of Las Vegas.
History:
Laws 1903, ch. 47, § 1; Code 1915, § 842; C.S. 1929, § 29-601; 1941 Comp., § 9-601; 1953 Comp., § 8-6-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— This article, which is almost identical with Article 5 of Chapter 22 of the 1915 Code, was not reenacted by its inclusion in that codification, but was compiled therein for convenience only.
The act of congress referred to in this section is 12 Stat. 71.
Grant not tax exempt under constitution or Springer Act.
— The Las Vegas grant, represented by a board of trustees with certain powers, is not a town, city or other municipal corporation, within the meaning of N.M. Const., art. VIII, § 3, exempting such towns, cities and other municipal corporations from taxation.
Davy v. McNeill
, 1925-NMSC-040, 31 N.M. 7, 240 P. 482;
State v. Board of Trustees
, 1922-NMSC-029, 28 N.M. 237, 210 P. 101.
Where the Las Vegas grant previously had been held for tax purposes not to be a town, city or other municipal corporation within the contemplation of N.M. Const., art. VIII, § 3, such holding was equally applicable within the contemplation of the provisions of the Springer Act, former 48 U.S.C. § 1471, and of N.M. Const., art. IV, § 24.
Board of Trustees v. Montano
, 1971-NMSC-025, 82 N.M. 340, 481 P.2d 702.
Special legislation provisions 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.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
73B C.J.S. Public Lands § 205.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 6 - Las Vegas Grant › Section 49-6-2 - [Appointment of board of trustees.]

On July first in each alternate year after July 1, 1914, the district court of San Miguel county, New Mexico, shall appoint a board of trustees to have the control and management of the tract of land known as the Las Vegas land grant, to be known and designated as the board of trustees of the town of Las Vegas, and said board in and by said name may sue and be sued, and shall hold their office for a term of two years, and until their successors are appointed and qualified. And it shall be the duty of said board when so appointed to immediately organize by selecting from among its members a president, a vice president and a treasurer of said board and to employ a suitable and competent person who shall not be a member of said board as the clerk or secretary thereof whose compensation shall be fixed by said board.
History:
Laws 1909, ch. 103, § 1; Code 1915, § 852; C.S. 1929, § 29-611; 1941 Comp., § 9-602; 1953 Comp., § 8-6-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1909, ch. 103, § 1, as enacted, contained the following preliminary provision: "The terms of office of all persons appointed as members of the board of trustees of the town of Las Vegas, and now serving as such in conformity with an act, entitled 'An act to provide for the management of the Las Vegas grant and for other purposes,' being chapter 47 of the Laws of the year 1903, or whose appointment was ratified and confirmed by the said act, shall terminate on the first day of July, 1909; and on said date, each two years thereafter," and then followed as in this section with "the district court . . . ." The opening words in this section before "the district court" were added by the compilers of the 1915 Code.
Laws 1909, ch. 103, § 1, as enacted, also contained, just before the present second sentence, "And which said board shall consist of not less than three nor more than five persons, to be appointed from among residents on the land embraced within the exterior boundaries of said Las Vegas grant."
Laws 1909, ch. 103, § 6, read: "The said board of trustees shall have all the power and authority conferred by an act, entitled 'An act to provide for the management of the Las Vegas grant and for other purposes,' being chapter 47 of the Laws of the year 1903, which said act is hereby continued in force, except as to any provisions thereof as are in conflict herewith." By its omission from the 1915 Code, Section 6 was apparently repealed.
See
compiler's note to 49-6-8 NMSA 1978, as to name of board.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 6 - Las Vegas Grant › Section 49-6-3 - [Board of trustees; number; residence qualification.]

That said district court shall, in the exercise of the jurisdiction conferred upon it, appoint a board of trustees to consist of not less than three nor more than five persons from among residents upon the land embraced within the exterior boundaries of said Las Vegas land grant.
History:
Laws 1903, ch. 47, § 2; Code 1915, § 843; C.S. 1929, § 29-602; 1941 Comp., § 9-603; 1953 Comp., § 8-6-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1903, ch. 47, § 10, ratified and confirmed all appointments of trustees made by the district court of San Miguel County prior to March 12, 1903, for the management of said Las Vegas grant and all acts and things done and performed in assuming jurisdiction in managing, controlling, and administering said grant.
Laws 1909, contained provisions almost identical with this section, which was derived from Laws 1903, ch. 47.
See
compiler's notes to 49-6-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 6 - Las Vegas Grant › Section 49-6-4 - [Officers; quorum in board meetings.]

That said board of trustees shall organize by selecting one of their number as chairman of said board of trustees who shall preside over the meetings of said board, and another, of said board, as secretary, whose duties it shall be to keep and preserve the records and doings of said board of trustees. A majority of said board shall constitute a quorum for the transaction of any and all business coming before said board.
History:
Laws 1903, ch. 47, § 3; Code 1915, § 844; C.S. 1929, § 29-603; 1941 Comp., § 9-604; 1953 Comp., § 8-6-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1903, ch. 47, § 3, contained the following first sentence: "Said board of trustees, when appointed as hereby provided, shall organize by selecting one of their number as chairman of said board of trustees who shall preside over the meetings of said board, and another, of said board, as secretary, whose duties it shall be to keep and preserve the records and doings of said board of trustees." This sentence is deemed superseded by 49-6-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 6 - Las Vegas Grant › Section 49-6-5 - [Control of board by court.]

That the said district court of San Miguel county shall exercise the same control over the said board of trustees, and over the acts and doings of said board of trustees, that courts of equity exercise over receivers appointed by them and over the acts and doings of their receivers.
History:
Laws 1903, ch. 47, § 4; Code 1915, § 845; C.S. 1929, § 29-604; 1941 Comp., § 9-605; 1953 Comp., § 8-6-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 6 - Las Vegas Grant › Section 49-6-6 - [Bonds of trustees.]

That any and all persons appointed by said court as trustees under the provisions of this article, shall give bond to the state of New Mexico conditioned as receiver's bonds are.
History:
Laws 1903, ch. 47, § 5; Code 1915, § 846; C.S. 1929, § 29-605; 1941 Comp., § 9-606; 1953 Comp., § 8-6-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this article" refers to Laws 1903, ch. 47, §§ 1 to 9, compiled as 49-6-1 and 49-6-3 to 49-6-10 NMSA 1978.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 6 - Las Vegas Grant › Section 49-6-7 - [Compensation of trustees.]

Said trustees shall be paid such reasonable compensation as the said district court shall order or direct: provided, that it shall in no event exceed three hundred dollars [($300)] per year for each member thereof.
History:
Laws 1903, ch. 47, § 6; Code 1915, § 847; C.S. 1929, § 29-606; 1941 Comp., § 9-607; 1953 Comp., § 8-6-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1909, ch. 103, § 5, read: "The compensation to be paid to the members of the said board of trustees above provided for, shall in no event exceed the sum of three hundred dollars per year for each member thereof." By its omission from the 1915 Code, it was apparently repealed.
See
compiler's notes to 49-6-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 6 - Las Vegas Grant › Section 49-6-8 - [Transaction of business by board; authority of district court to make rules.]

That said board of trustees shall be known and designated as the "Board of Trustees of the Town of Las Vegas," and under that name shall contract and transact all business coming before said board, and said district court is hereby authorized to make and promulgate rules and regulations under and pursuant to which said board of trustees shall conduct and transact all business pertaining to the management, control and administration of said land grant.
History:
Laws 1903, ch. 47, § 8; Code 1915, § 849; C.S. 1929, § 29-608; 1941 Comp., § 9-608; 1953 Comp., § 8-6-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Section 49-6-2 NMSA 1978 gives the board the same name as was established by this section and made it the name in which said board should sue and be sued. That section was derived from Laws 1909, ch. 103.
Service by publication permitted.
— Although the confirmee is an unincorporated town, service by publication may be made upon it.
Priest v. Board of Trustees
, 1911-NMSC-072, 16 N.M. 692, 120 P. 894,
aff'd
, 232 U.S. 604, 34 S. Ct. 443, 58 L. Ed. 751 (1914).
Jurisdiction not acquired.
— In suit to quiet title against trustees of the grant, where they could be definitely located and served with process, but were not joined by name, the court did not acquire jurisdiction.
Priest v. Board of Trustees
, 1911-NMSC-072, 16 N.M. 692, 120 P. 894,
aff'd
, 232 U.S. 604, 34 S. Ct. 443, 58 L. Ed. 751 (1914).
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 6 - Las Vegas Grant › Section 49-6-9 - [Lease, sale or mortgage of land.]

Such board of trustees shall have the power, under the direction of said court, to lease, sell or mortgage any part or parts of said tract of land, for such price and upon such terms or conditions as may by said court and said board be deemed advisable and use the proceeds thereof for such purposes as said board and court may deem to be for the best interests of the community for the benefit of which said grant was made.
History:
Laws 1903, ch. 47, § 9; Code 1915, § 850; C.S. 1929, § 29-609; 1941 Comp., § 9-609; 1953 Comp., § 8-6-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1903, provided: "Any and all appointments of trustees made by the district court of San Miguel County prior to March 12, 1903, for the management of said Las Vegas grant, and all acts and things done and performed by said district court of San Miguel County in assuming jurisdiction in managing, controlling and administering said Las Vegas grant, are ratified and confirmed."
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 6 - Las Vegas Grant › Section 49-6-10 - [Vested rights not affected; issuance of deeds; prior deeds validated.]

This article shall not interfere with or prejudice any vested rights in and to any of the lands embraced within the boundaries of said Las Vegas grant, or preclude a judicial examination or adjustment thereof, and it is hereby made the duty of said board of trustees to make, execute and deliver deeds of conveyance to any and all persons who hold a title to any such lands, which became or was perfect or entitled them to the possession thereof at the time of the acquisition of New Mexico, under the treaty of Guadalupe Hidalgo, or at any other time subsequent thereto. It is made the further duty of said board of trustees, by and with the approval of the judge of the district court for San Miguel county, to make, execute and deliver deeds of conveyance, free of cost, except for surveys, platting the same and other necessary expenses, to any and all persons making application therefor, who have held sufficient lands embraced within the boundaries of said Las Vegas grant, in actual possession, for a period of not less than ten years prior to the date of said application, to entitle them to receive one hundred and sixty acres of land under the rules of the board: provided, however, that not more than one hundred and sixty acres shall be so granted or deeded to any one person, and also provided, that where community settlements of titles can be made, only such amounts of land shall be granted as have been under cultivation and a reasonable amount additional as in the opinion of the board shall be just and equitable to all the resident [residents] of said grant. And all such deeds executed by said board of trustees prior to March 18, 1909 and approved by the court are hereby validated and confirmed.
History:
Laws 1903, ch. 47, § 7; 1909, ch. 103, § 7; Code 1915, § 848; C.S. 1929, § 29-607; 1941 Comp., § 9-610; 1953 Comp., § 8-6-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— For the meaning of "this article",
see
compiler's notes to 49-6-6 NMSA 1978.
Confirmee to be named in complaint to quiet title.
— Where suit to quiet title seeks to bar known confirmee of grant, the confirmee should be named in the complaint and not described as an unknown claimant.
Priest v. Board of Trustees
, 1911-NMSC-072, 16 N.M. 692, 120 P. 894,
aff'd
, 232 U.S. 604, 34 S. Ct. 443, 58 L. Ed. 751 (1914).
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 6 - Las Vegas Grant › Section 49-6-12 - [Bonds and securities; custody by county treasurer; collection of principal and interest.]

The bonds and securities in which said funds are from time to time invested shall be forthwith deposited with the treasurer of San Miguel county, New Mexico; and it is made the duty of said treasurer to receive and have the custody of such bonds and securities, to collect and pay the same over to the treasurer of said board of trustees, the principal thereof at maturity, to be reinvested and forthwith to pay the same over to the treasurer of the board of trustees of the town of Las Vegas administering the Las Vegas grant to be by said board reinvested in other bonds or securities chosen and approved by said board and court; and it shall also be the duty of the said treasurer of said county to collect the interest on all such bonds and securities and to place the same or such portion thereof as may be determined by such board and court as hereinafter provided, to the credit of the several school districts within the Las Vegas grant in proportion to the number of children of school age within said districts respectively.
History:
Laws 1909, ch. 103, § 3; 1913, ch. 86, § 2; Code 1915, § 854; C.S. 1929, § 29-613; 1941 Comp., § 9-612; 1953 Comp., § 8-6-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 6 - Las Vegas Grant › Section 49-6-13 - [School district apportionment; improvement, repair and construction of school buildings; advertising for bids; contractor's bond.]

It is the duty of the superintendent of schools of said San Miguel county, on or before the tenth day of January of each year, to certify to said county treasurer the number of children of school age residing in each of the school districts within the Las Vegas grant, and said treasurer shall thereupon place to the credit of each of said school districts the amount to which it may be entitled under said apportionment, to be drawn out and expended as other moneys of said school district.
If at any time said district court and said board of trustees shall deem it necessary, expedient and proper, they may expend such sums of money as they may consider necessary and proper, of the interest derived from said permanent fund and such parts, portions and amounts of said permanent fund, or any other fund under the control of said board of trustees in improving and repairing the public school buildings in the town of Las Vegas, or in constructing such public school building or buildings within the said town of Las Vegas, as in their judgment they may deem necessary and proper; provided, however, that no improvements or repairs to the public school buildings of the town of Las Vegas shall be made, nor shall any public school building or public school buildings be constructed within the said town of Las Vegas, unless the board of education of the town of Las Vegas, New Mexico, agree and consent thereto; and
provided further, that before any improvements or repairs to the school buildings in the town of Las Vegas are made, or any new building or buildings are constructed, that the said board of trustees of the town of Las Vegas administering the Las Vegas grant, if said expenditure exceeds the sum of three hundred dollars [($300)], be required to advertise the said work for at least twenty days in some newspaper published in the English language within the said county of San Miguel before the letting of the said work, and let the said work to the lowest responsible bidder, which bidder shall be required to enter into a good and sufficient bond for double the amount of the contract price, for the faithful performance of said contract for said work.
History:
Laws 1909, ch. 103, § 4; 1913, ch. 86, § 3; Code 1915, § 855; C.S. 1929, § 29-614; Laws 1933, ch. 182, § 1; 1941 Comp., § 9-613; 1953 Comp., § 8-6-13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— While the title of Laws 1933, ch. 182, purported to amend 29-614, 1929 Comp., which was 855, 1915 Code, the act contained no preliminary clause stating that the section "be and is hereby amended to read as follows."
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 7 - Manzano Grant (Repealed.) › Section 49-7-1 - Repealed.

History:
Laws 1907, ch. 39, § 1; Code 1915, § 856; C.S. 1929, § 29-701; 1941 Comp., § 9-701; 1953 Comp., § 8-7-1; repealed by Laws 2019, ch. 241, § 2.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 241, § 2 repealed 49-7-1 NMSA 1978, as enacted by Laws 1907, ch. 39, § 1, relating to body corporate, title, power to sue and be sued, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 7 - Manzano Grant (Repealed.) › Section 49-7-2 - Repealed.

History:
Laws 1907, ch. 39, § 2; Code 1915, § 857; C.S. 1929, § 29-702; 1941 Comp., § 9-702; 1953 Comp., § 8-7-2; repealed by Laws 2019, ch. 241, § 2.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 241, § 2 repealed 49-7-2 NMSA 1978, as enacted by Laws 1907, ch. 39, § 2, relating to management of grant, commissioners, election, qualifications, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 7 - Manzano Grant (Repealed.) › Section 49-7-3 - Repealed.

History:
Laws 1907, ch. 39, § 4; Code 1915, § 858; C.S. 1929, § 29-703; 1941 Comp., § 9-703; 1953 Comp., § 8-7-3; repealed by Laws 2019, ch. 241, § 2.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 241, § 2 repealed 49-7-3 NMSA 1978, as enacted by Laws 1907, ch. 39, § 4, relating to appointment of officers, duties, bond of treasurer, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 7 - Manzano Grant (Repealed.) › Section 49-7-4 - Repealed.

History:
Laws 1907, ch. 39, § 5; Code 1915, § 859; C.S. 1929, § 29-704; 1941 Comp., § 9-704; 1953 Comp., § 8-7-4; repealed by Laws 2019, ch. 241, § 2.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 241, § 2 repealed 49-7-4 NMSA 1978, as enacted by Laws 1907, ch. 39, § 5, relating to deeds for agricultural purposes, limitation, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 7 - Manzano Grant (Repealed.) › Section 49-7-4.1 - Repealed.

History:
Laws 1987, ch. 163, § 1; repealed by Laws 2019, ch. 241, § 2.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 241, § 2 repealed 49-7-4.1 NMSA 1978, as enacted by Laws 1987, ch. 163, § 1, relating to sale of lands held in private ownership to heirs of original owners, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 7 - Manzano Grant (Repealed.) › Section 49-7-4.2 - Repealed.

History:
Laws 1987, ch. 163, § 2; repealed by Laws 2019, ch. 241, § 2.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 241, § 2 repealed 49-7-4.2 NMSA 1978, as enacted by Laws 1987, ch. 163, § 2, relating to voter qualifications, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 7 - Manzano Grant (Repealed.) › Section 49-7-4.3 - Repealed.

History:
Laws 1993, ch. 290, § 1; repealed by Laws 2019, ch. 241, § 2.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 241, § 2 repealed 49-7-4.3 NMSA 1978, as enacted by Laws 1993, ch. 290, § 1, relating to commissioners, limitations with respect to certain lands, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 7 - Manzano Grant (Repealed.) › Section 49-7-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1988, ch. 25, § 1 repealed 49-7-5 NMSA 1978, as enacted by Laws 1907, ch. 39, § 6, relating to taxation by the commissioners of persons interested in the grant, effective May 18, 1988.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 7 - Manzano Grant (Repealed.) › Section 49-7-6 - Repealed.

History:
Laws 1907, ch. 39, § 7; Code 1915, § 861; C.S. 1929, § 29-706; 1941 Comp., § 9-706; 1953 Comp., § 8-7-6; repealed by Laws 2019, ch. 241, § 2.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 241, § 2 repealed 49-7-6 NMSA 1978, as enacted by Laws 1907, ch. 39, § 7, relating to compensation of commissioners, expenses, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 8 - Nuestra Senora del Rosario, San Fernando y Santiago Grant › Section 49-8-1 - Nuestra Senora del Rosario, San Fernando y Santiago Grant; trustees; election.

The government and control of the common lands of the land grant known as the "Nuestra Senora del Rosario, San Fernando y Santiago land grant" is vested in five trustees, to be known officially as "the board of trustees of the Nuestra Senora del Rosario, San Fernando y Santiago land grant", who shall be elected biennially by the owners of interests in the grant either by inheritance from the original grantees or by purchase from an heir.
History:
Laws 1909, ch. 52, § 1; Code 1915, § 862; C.S. 1929, § 29-801; 1941 Comp., § 9-801; 1953 Comp., § 8-8-1; Laws 1997, ch. 16, § 1.
ANNOTATIONS
Compiler's notes.
— This article, which was identical with Article 7 of Chapter 22 of the 1915 Code, was not reenacted by its inclusion in that codification, but was compiled for convenience only.
The 1997 amendment,
effective June 20, 1997, added the section heading, substituted "five trustees" for "three trustees" and "elected biennially" for "elected annually", and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
73B C.J.S. Public Lands § 205.