2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 2 - United States Lands › Section 19-2-2 - Jurisdiction; transfer procedure.

A. In order to acquire all, or any measure of, legislative jurisdiction of the kind involved in Article I, Section 8, Clause 17 of the constitution of the United States over any land or other area, or in order to relinquish such legislative jurisdiction, or any measure thereof, which may be vested in the United States, the United States, acting through a duly authorized department, agency or officer, shall file a notice of intention to acquire or relinquish such legislative jurisdiction, together with a sufficient number of duly authenticated copies thereof to meet the recording requirements of Subsection C of this section, with the governor. The notice shall contain a description adequate to permit accurate identification of the boundaries of the land or other area for which the change in jurisdictional status is sought and a precise statement of the measure of legislative jurisdiction sought to be transferred. Immediately upon receipt of the notice, the governor shall furnish the attorney general with a copy of it and shall request his comments and recommendations.
B. The governor shall transmit the notice together with his comments and recommendations, if any, and the comments and recommendations of the attorney general, if any, to the next session of the legislature. Unless prior to the expiration of the legislative session to which the notice is transmitted the legislature has adopted a resolution approving the transfer of legislative jurisdiction as proposed in the notice, the transfer shall not be effective.
C. The governor shall cause a duly authenticated copy of the notice and resolution to be recorded in the office of the county clerk of the county where the land or other area affected by the transfer of jurisdiction is situated, and upon such recordation the transfer of jurisdiction shall take effect. If the land or other area is situated in more than one county, a duly authenticated copy of the notice and resolution shall be recorded in the county clerk's office of each such county.
D. The governor shall cause copies of all documents recorded pursuant to this act [19-2-2 to 19-2-4 NMSA 1978] to be filed with the state law library.
History:
1953 Comp., § 7-2-1.1, enacted by Laws 1963, ch. 262, § 1.
ANNOTATIONS
Compiler's notes.
— Section 14-4-9 NMSA 1978 provides that whenever any law requires any agency to file a document with the law library, such shall be accomplished by filing as provided in the State Rules Act (Chapter 14, Article 4 NMSA 1978). Section 14-4-2 NMSA 1978 defines "agency" to include officers of state government, except those in the legislative or judicial branches.
Pursuant to Senate Joint Resolution 16 of the First Session of the 35th Legislature (1981), the state of New Mexico and the United States department of the interior have signed a concurrent resolution establishing concurrent legislative jurisdiction, between the United States and the state of New Mexico, over the following: Aztec ruins national monument, Bandelier national monument, Capulin mountain national monument, Carlsbad caverns national park, Chaco culture national historical park, El Morro national monument, Fort Union national monument, Gila cliff dwellings national monument, Salinas national monument, Pecos national monument, White Sands national monument, and the regional headquarters, southwest region.
Senate Joint Resolution No. 21 of the First Session of the 41st Legislature (Laws 1993) grants approval to the cession of concurrent legislative jurisdiction to the United States in accordance with a like cession of concurrent legislative jurisdiction by the United States to the state of New Mexico for land now owned, controlled, leased or administered by the United States within the boundaries of El Malpais national monument and Pecos national historic park. Upon modifications to the boundary of El Malpais national monument due to land exchanges with the pueblo of Acoma as authorized in public law 100-255, a letter to that effect with adequate legal desriptions will be provided to the governor to assure that concurrent jurisdiction is acquired by the United States.
Application of Children's Code to residents of federal enclave.
— The state can exercise its jurisdiction and apply the provisions of the Children's Code (Chapter 32A NMSA 1978) to those who reside on a federal military enclave because, in those areas where the federal government has no laws or regulations, there is no interference by the state when it asserts jurisdiction; in such cases, there would be no need for the federal government to relinquish its jurisdiction as provided in this section.
State ex rel. Children, Youth & Families Dep't v. Debbie F.
, 1995-NMCA-113, 120 N.M. 665, 905 P.2d 205, cert. denied, 120 N.M. 533, 903 P.2d 844.
Definitions under former law.
— "Sites" and "lands" as used in Laws 1912, ch. 47, § 1 (former 7-2-2, 1953 Comp.), providing for acquisition of land for federal purposes, had a synonymous meaning and embraced all lands acquired for the purposes enumerated.
Arledge v. Mabry
, 1948-NMSC-047, 52 N.M. 303, 197 P.2d 884, distinguished in
Smith v. State
, 1968-NMSC-144, 79 N.M. 450, 444 P.2d 961.
Consent statute.
— Lands acquired by the United States with knowledge that they were being used for experimentation with fissionable materials constituted an arsenal within meaning of consent statute giving state's consent to federal acquisition of land for various purposes, including that of arsenal.
Arledge v. Mabry
, 1968-NMSC-144, 52 N.M. 303, 197 P.2d 884, distinguished in
Smith v. State
, 1968-NMSC-144, 79 N.M. 450, 444 P.2d 961.
And extent of consent thereunder.
— In giving its consent to usage of lands for "custom-houses, courthouses, post offices, arsenals or other public buildings whatever, or for any other purposes of the government," the consent was not, under doctrine of ejusdem generis, limited to buildings of a nature similar to those specifically enumerated.
Arledge v. Mabry
, 1968-NMSC-144, 52 N.M. 303, 197 P.2d 884, distinguished in
Smith v. State
, 1968-NMSC-144, 79 N.M. 450, 444 P.2d 961.
Federal government failed to comply with cession statute.
— Where, on February 14, 2018, the New Mexico state legislature ceded to the United States government exclusive legislative jurisdiction over three parcels of land on Kirtland air force base in Albuquerque that were under state criminal jurisdiction, including the Maxwell housing area which is a military-civilian family housing neighborhood on the air force base, and where defendant was charged by federal prosecutors under New Mexico's driving while intoxicated statutes after being arrested while attempting to enter the Maxwell housing area on February 19, 2018, and where defendant moved to dismiss asserting that the court lacked subject matter jurisdiction because the state of New Mexico did not properly cede criminal jurisdiction, the motion to dismiss was granted because it is conclusively presumed that jurisdiction has not been accepted until the United States government accepts jurisdiction over the land, and in this case, the federal government failed to carry its burden of proof by presenting evidence that it accepted jurisdiction either by formal acceptance or that the recording requirements of this section were complied with. This section requires that the federal government's notice of intention to acquire legislative jurisdiction and the state's resolution approving the transfer of legislative jurisdiction be recorded in the county clerk's office, and in this case, there was no evidence that the notice of intention was ever filed with the county clerk.
U.S. v. Davenport
, 340 F.Supp.3d 1105 (D. N.M. 2018).
Land not affected.
— Former 7-2-3, 1953 Comp. (ceding exclusive jurisdiction over land acquired by the United States to the United States, except for service of process) did not affect the property ceded to the United States for Elephant Butte Dam. 1914 Op. Att'y Gen. No. 14-1309, 1914 Op. Att'y Gen. No. 14-1325, 1914 Op. Att'y Gen. No. 14-1330.
Apportioning funds to school district.
— Under former 7-2-3, 1953 Comp., it was not illegal to apportion funds to the school district in which the Elephant Butte Dam is located, since the statute had no relation to such land. 1914 Op. Att'y Gen. No. 14-1306.
Residency.
— Those residing on former public domain land may exercise the elective franchise in both state and federal elections, since the state retained jurisdiction over the area not inconsistent with federal use (opinion rendered under former election laws). 1964 Op. Att'y Gen. No. 64-123.
Those people residing on land obtained by the United States through the constitutional method may not establish their residency so as to become electors; those residing on lands obtained by purchase without obtaining the consent of the state are in a similar position (opinion rendered under former election laws). 1964 Op. Att'y Gen. No. 64-123.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
81A C.J.S. States § 9.