2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 5 - Classification, Care and Protection of State Lands › Section 19-5-1 - [Data on nature, character, quality and value of public lands; classification; duties of land commissioner.]

The commissioner of public lands is hereby authorized to expend, out of the state lands maintenance fund not to exceed $10,000 per annum, for the purpose of obtaining full and complete data as to the nature, character, quality and value of the lands of the state of New Mexico, and their adaptability for grazing, stock farming and agriculture. And the commissioner of public lands is further authorized to classify the lands of the state as mineral bearing, or otherwise, and to ascertain the possibilities of the state's mineral land for development in the production of coal, petroleum or other minerals therein contained. The commissioner of public lands is further authorized to ascertain what lands of the state contain merchantable timber and procure data with respect to the state's timberlands which will be available for the information of intending or prospective purchasers.
History:
Laws 1919, ch. 78, § 2; C.S. 1929, § 111-202; 1941 Comp., § 8-601; 1953 Comp., § 7-6-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1919, ch. 78, § 1, set out the need for detailed information on the nearly 10,000,000 acres of land owned by the state in order to secure the just and proper administration thereof.
Cross references.
— For other statutory powers and duties of commissioner,
see
19-1-1, 19-1-2 NMSA 1978, and throughout this chapter.
For establishment of state lands maintenance fund,
see
19-1-11 NMSA 1978.
For constitutional duties of commissioner of public lands,
see
N.M. Const., art. XIII, § 2.
Declaration on land classification.
— This section and Section 19-5-2 NMSA 1978 constitute a legislative declaration that no classification of public lands has been made and that the commissioner had not then had sufficient data from which to make such classification.
State ex rel. Otto v. Field
, 1925-NMSC-019, 31 N.M. 120, 241 P. 1027.
Constitutionality.
— Although N.M. Const., art. XIII, § 2 provides that the commissioner shall select, locate, classify and have the direction, control, care and disposition of all public lands under the provisions of the acts of congress relating thereto "and such regulations as may be provided by law," the fact that this section limits the commissioner to the expenditure of $10,000 per year, which would prevent him from properly classifying and intelligently administering the trust of public lands imposed by the Enabling Act, does not make this act unconstitutional, particularly in view of the fact that the legislature may not have intended by it to restrict expenditures of the land commissioner in all things relating to appraisal, examination and classification of lands, but only had in mind additional detailed data than that then being gathered not immediately necessary at the time in administering the trust, and restricted the expenditures to be used for obtaining that data. 1939 Op. Att'y Gen. No. 39-3202.
Expenditures.
— Both this section and Sections 19-1-10, 19-1-11 NMSA 1978 may be considered as being in effect; under this section, in the procurement of detailed information and data, $10,000 may be expended; and under the others whatever is necessary "for the purpose of inspecting, appraising and investigating state lands" in dealing therewith shall also be paid out of the 20 percent maintenance fund over and above the $10,000 provided hereby. 1939 Op. Att'y Gen. No. 39-3202.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
63A Am. Jur. 2d Public Lands §§ 12 to 38.
Constitutionality of reforestation or forest conservation legislation, 13 A.L.R.2d 1095.
73A C.J.S. Public Lands §§ 4, 5.