reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 2 - United States Lands › Section 19-2-11 - [Holloman air force base; jurisdiction ceded; limitations.]

Exclusive jurisdiction is hereby ceded to the United States over the following described territory situated within the Holloman air force base and within Otero county, state of New Mexico, to wit:
sections 1, 3, 10, 11, 11 [sic], 12, 14, 15, the west half of the northwest quarter of section 23, and the east half of the northeast quarter of section 22 in township 17 south, range 8 east, New Mexico prime meridian.
Provided, however, that the state of New Mexico reserve [reserves] the right to serve civil or criminal process within the territory herein ceded in suits or prosecutions for or on account of rights acquired, obligations incurred or crimes committed in said state, but outside of such ceded territory, and provided further that the jurisdiction ceded shall continue no longer than the United States shall own and hold said reservation for military purposes.
History:
Laws 1953, ch. 63, § 1; 1953 Comp., § 7-2-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For service of civil and criminal process,
see
Rules 1-004 and 5-103 NMRA, respectively.
Applicability of Children's Code.
— 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 Section 19-2-2 NMSA 1978.
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.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 2 - United States Lands › Section 19-2-12 - [Exchange of lands with United States.]

That the commissioner of public lands of the state of New Mexico is hereby authorized to enter into agreements with the secretary of the interior of the United States for the exchange of any lands of the state of New Mexico over which the commissioner of public lands is given the control, care and disposition for lands of the United States of equal value and in making such exchange, the commissioner of public lands is authorized to convey to the United States such lands to be given in exchange and to accept on behalf of the state of New Mexico title to lands given by the United States in such exchange; provided, however, the commissioner of public lands in his discretion may reserve title, to all oil, gas and other minerals or as to any specific minerals, in and under and that may be produced from any lands conveyed to the United States in exchange for lands of the United States of equal value, and provided further, that if such state lands lie within 25 miles from the exterior boundaries of any existing military reservation or, if they are being acquired by the secretary of interior for the purpose of permitting them to be withdrawn for military purposes, then no such exchange shall be effected without the consent of owner or owners of any leases issued by the state of New Mexico covering said lands until the rights of all such lessees have been acquired by the United States through purchase or condemnation proceedings.
History:
1953 Comp., § 7-2-11, enacted by Laws 1957, ch. 74, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 3 - Occupation of Public Lands › Section 19-3-2 - [Copy of record as evidence.]

The original notice when recorded, the record thereof provided for in the previous section [19-3-1 NMSA 1978], and a duly certified copy of said record shall be received in evidence with the same effect as deeds of conveyances, their records and copies thereof are now received under the laws of this state, in the trial of any action with reference to said lands contained in said notice or any part thereof.
History:
Laws 1878, ch. 6, § 2; C.L. 1884, § 2580; C.L. 1897, § 3754; Code 1915, § 4643; C.S. 1929, § 111-116; 1941 Comp., § 8-302; 1953 Comp., § 7-3-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For evidential effect of photographed or microfilmed documents or records,
see
14-1-6, 14-3-15 NMSA 1978.
For rules regarding introduction into evidence of writings, recordings and photographs,
see
Rules 11-1001 to 11-1008.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 3 - Occupation of Public Lands › Section 19-3-3 - [Transfer of rights; consent of wife; exemption from sale under execution.]

The owner of what is known as a valid claim or improvement under the laws of this state, on public lands of the United States, shall be deemed in possession of a transferable interest therein, and any sale of such improvement shall be considered a sufficient consideration to support a promise: provided, that no such sale shall be valid to convey such improvement when made by the head of a family, unless the wife of the vendor, if any there be, shall give her consent thereto: and provided, also, that such land and the claim thereto shall be exempt from forced sale under execution.
History:
Laws 1851-1852, p. 274; C.L. 1865, ch. 86 (2d), § 1; C.L. 1884, § 2571; C.L. 1897, § 3745; Code 1915, § 4634; C.S. 1929, § 111-107; 1941 Comp., § 8-303; 1953 Comp., § 7-3-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For joinder of spouses required for transfers of real property,
see
40-3-13 to 40-3-16 NMSA 1978.
For provisions on homestead exemption,
see
42-10-9 to 42-10-11 NMSA 1978.
For rules governing garnishment and writs of execution in the district, magistrate, and metropolitan courts,
see
Rules 1-065.1, 2-801, and 3-801 NMRA, respectively.
For form for claim of exemptions on executions,
see
Rule 4-803 NMRA.
For form for order on claim of exemption and order to pay in execution proceedings,
see
Rule 4-804 NMRA.
For form for application for writ of garnishment and affidavit,
see
Rule 4-805 NMRA.
For form for notice of right to claim exemptions from execution,
see
Rule 4-808A NMRA.
For form for claim of exemption from garnishment,
see
Rule 4-809 NMRA.
Water right is not improvement on land.
First State Bank v. McNew
, 1928-NMSC-040, 33 N.M. 414, 269 P. 56,
overruled by
Walker v. United States
, 2007-NMSC-038, 142. N.M. 45, 162 P.3d 882.
Removal of improvements.
— This section does not attempt to give the owner of improvements upon public lands the right to remove the same, after such lands have passed into the possession of a bona fide entryman or purchaser from the government.
Patterson v. Chaney
, 1918-NMSC-077, 24 N.M. 156, 173 P. 859, distinguished in
McCool v. Ward
, 1949-NMSC-059, 53 N.M. 467, 211 P.2d 131.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Rights as between adverse claimants to improvements placed on public lands, 6 A.L.R. 95.
Betterment or Occupying Claimant Acts as available to plaintiff seeking affirmative relief, 137 A.L.R. 1078.
73A C.J.S. Public Lands § 41.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 3 - Occupation of Public Lands › Section 19-3-4 - [Timber and articles reduced to possession; property right.]

Timber or other articles of value on the lands of the United States, reduced to possession by any person, shall be deemed the property of such person against all persons except the United States, or some person claiming under them.
History:
Laws 1851-1852, p. 274; C.L. 1865, ch. 86 (2d), § 2; C.L. 1884, § 2572; C.L. 1897, § 3746; Code 1915, § 4635; C.S. 1929, § 111-108; 1941 Comp., § 8-304; 1953 Comp., § 7-3-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 3 - Occupation of Public Lands › Section 19-3-5 - [Common pastures.]

All public lands, proper for pasturing horned cattle, sheep and horses, of any class whatever, are reserved for such purpose, and declared common pastures.
History:
Laws 1861-1862, p. 274; C.L. 1865, ch. 86 (2d), § 4; C.L. 1884, § 2573; C.L. 1897, § 3747; Code 1915, § 4636; C.S. 1929, § 111-109; 1941 Comp., § 8-305; 1953 Comp., § 7-3-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Application.
— This section does not apply to lands covered by indemnity on selections by the state.
Makemson v. Dillon
, 1918-NMSC-040, 24 N.M. 302, 171 P. 673.
"Sheeping off" of lands.
— Compiled Laws 1897, § 102 was a valid exercise of the police power to prevent "sheeping off" of lands near settlements, and sheep for breeding were within the statute which, however, was repealed by the general repealing clause of the 1915 Code after this action was brought. Although this section and Section 19-3-6 NMSA 1978 were enacted prior thereto, they did not affect C.L. 1897, § 102, even if in conflict with it.
State v. Coppinger
, 1916-NMSC-012, 21 N.M. 435, 155 P. 732.
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
63A Am. Jur. 2d Public Lands §§ 22 to 30.
Constitutionality and construction of statutes relating to grazing and pasturing sheep or goats on public land, 70 A.L.R. 410.
73A C.J.S. Public Lands §§ 19 to 23.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 3 - Occupation of Public Lands › Section 19-3-6 - [Use of common pasturage.]

Said lands shall not be used by any person as private property, but shall be held as public property for the use of any person, and common to all.
History:
Laws 1861-1862, p. 274; C.L. 1865, ch. 86 (2d), § 5; C.L. 1884, § 2574; C.L. 1897, § 3748; Code 1915, § 4637; C.S. 1929, § 111-110; 1941 Comp., § 8-306; 1953 Comp., § 7-3-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 3 - Occupation of Public Lands › Section 19-3-7 - [Meadows in common pastures; enclosure for hay.]

All persons are prohibited from occupying any meadow situated upon the public lands, and known as public pasture ground, for the purpose of speculating with the hay thereon, to the great detriment of the entire community: provided, however, one hundred and sixty acres may be so occupied by enclosing the same with a secure fence, and not otherwise.
History:
Laws 1865, ch. 16, § 1; C.L. 1884, § 2575; C.L. 1897, § 3749; Code 1915, § 4638; C.S. 1929, § 111-111; 1941 Comp., § 8-307; 1953 Comp., § 7-3-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 3 - Occupation of Public Lands › Section 19-3-8 - [Exclusive occupation of meadow; penalty; civil damages.]

Should any person, contrary to the provisions of the preceding section [19-3-7 NMSA 1978], take possession of and appropriate to himself any such meadow with the object of selling the hay thereof, or to impede or prevent animals from grazing thereupon, or kill or otherwise injure such animals, the same shall be liable to punishment upon conviction in the district court, by fine of not more than one hundred and fifty [($150)] or not less than fifty dollars [($50.00)], provided, the party so offending shall be responsible in civil action to the party interested for all damages the latter may have suffered.
History:
Laws 1865, ch. 16, § 2; C.L. 1884, § 2576; C.L. 1897, § 3750; Code 1915, § 4639; C.S. 1929, § 111-112; 1941 Comp., § 8-308; 1953 Comp., § 7-3-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 3 - Occupation of Public Lands › Section 19-3-9 - [Proceedings before magistrate.]

The justice of the peace [magistrate] before whom complaint shall have been made for a violation of the two foregoing sections [19-3-7, 19-3-8 NMSA 1978], shall immediately enter upon the due investigation of the same, as by law required in the case of other offenses, and shall transmit his proceedings to the proper court.
History:
Laws 1865, ch. 16, § 3; C.L. 1884, § 2577; C.L. 1897, § 3751; Code 1915, § 4640; C.S. 1929, § 111-113; 1941 Comp., § 8-309; 1953 Comp., § 7-3-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. The office of justice of the peace was abolished by 35-1-38 NMSA 1978, and all jurisdiction, powers and duties conferred by law on justices of the peace have been transferred to the magistrate court.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 3 - Occupation of Public Lands › Section 19-3-10 - [Jurisdiction of magistrate and of district court.]

When the damages claimed shall not exceed one hundred dollars [($100)], judgment shall be rendered against the party as in a civil action the same as in other civil actions, but should they exceed one hundred dollars [($100)], then and in this case the party aggrieved shall apply in the district court for his justification and his rights.
History:
Laws 1865, ch. 16, § 4; C.L. 1884, § 870; C.L. 1897, § 1295; Code 1915, § 4641; C.S. 1929, § 111-114; 1941 Comp., § 8-310; 1953 Comp., § 7-3-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. The office of justice of the peace was abolished by 35-1-38 NMSA 1978, and all jurisdiction, powers and duties conferred by law on justices of the peace have been transferred to the magistrate court.
Cross references.
— For limits of magistrate's jurisdiction in civil matters,
see
35-3-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 3 - Occupation of Public Lands › Section 19-3-11 - [Unlawful enclosure of public lands.]

It shall not be legal for any person or persons, company or corporation, to construct and maintain inclosures [enclosures] upon land considered and held as public land in this state, nor to apply the same to private use, which may result in prejudice to the citizens thereto, unless the same be made and sustained in conformity with the provisions of the United States laws relative to government lands or the laws of this state.
History:
Laws 1882, ch. 42, § 1; C.L. 1884, § 870; C.L. 1897, § 1295; Code 1915, § 4632; C.S. 1929, § 111-105; 1941 Comp., § 8-311; 1953 Comp., § 7-3-11.
ANNOTATIONS
Bracketed 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. —
63A Am. Jur. 2d Public Lands § 36.
73A C.J.S. Public Lands § 7.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 3 - Occupation of Public Lands › Section 19-3-12 - [Occupying or denying others use of public land; penalty.]

Any person who shall, contrary to the provisions of the preceding section [19-3-11 NMSA 1978], be found occupying, or trying to deprive others of the free use and pasturing upon the public land, under the pretext of a deed, upon conviction thereof before any court having jurisdiction in the matter, shall be fined in a sum of not less than ten dollars [($10.00)], and shall besides, be liable for the damages caused thereto.
History:
Laws 1882, ch. 42, § 4; C.L. 1884, § 873; C.L. 1897, § 1298; Code 1915, § 4633; C.S. 1929, § 111-106; 1941 Comp., § 8-312; 1953 Comp., § 7-3-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For disposition of fines and forfeitures collected under general law,
see
N.M. Const., art. XII, § 4.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
73A C.J.S. Public Lands § 18.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 3 - Occupation of Public Lands › Section 19-3-14 - [Second or subsequent use of range; conditions.]

Whenever any person, company or corporation turns loose on any range in this state, already occupied or in the possession of another or others by virtue of their having complied with the provisions of the preceding section [19-3-13 NMSA 1978], he or they must be the owner or owners of, or must be lawfully entitled to the possession of some other living, permanent water upon such range, sufficient for the proper maintenance of all such additional cattle so turned loose, other than that owned by or lawfully possessed, or lawfully in the possession of any other person, company or corporation that may have previously appropriated, stocked or taken possession of such range in accordance with the provisions of this and the preceding section; and such person, company or corporation so turning loose cattle upon such range must at all times, furnish, supply and maintain upon such range such other permanent living water free and unfenced and upon the surface of the ground.
History:
Laws 1889, ch. 61, § 2; C.L. 1897, § 128; Code 1915, § 4629; C.S. 1929, § 111-102; 1941 Comp., § 8-314; 1953 Comp., § 7-3-14.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 3 - Occupation of Public Lands › Section 19-3-15 - [Use of public land for range without owning water right; penalty.]

Any person, company or corporation violating the provisions of the preceding section [19-3-14 NMSA 1978] shall be guilty of a misdemeanor and punishable by imprisonment in the county jail of the county wherein the offense was committed, for a period not to exceed six months, or by a fine of not less than one hundred dollars [($100)] nor more than one thousand dollars [($1,000)], and such person, company or corporation violating such provisions as aforesaid shall further be liable to any party or parties injured for all damages which such party or parties may sustain; the same to be recoverable by a civil suit. All fines and costs so assessed and all damages which may at any time be awarded shall be and constitute a lien upon such herd of cattle.
History:
Laws 1889, ch. 61, § 3; C.L. 1897, § 129; Code 1915, § 4630; C.S. 1929, § 111-103; 1941 Comp., § 8-315; 1953 Comp., § 7-3-15.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Grant of exclusive right invalid.
— Any attempt on the part of the legislature to grant the exclusive right or occupancy upon part of a public domain would be clearly within the prohibition of the act of congress of February 25, 1885, and invalid, for defendant cannot be restrained by injunction from permitting his animals to graze on unenclosed lands of plaintiff.
Yates v. White
, 1925-NMSC-012, 30 N.M. 420, 235 P. 437;
Hill v. Winkler
, 1915-NMSC-077, 21 N.M. 5, 151 P. 1014, explained in
Vanderford v. Wagner
, 1918-NMSC-099, 24 N.M. 467, 174 P. 426, distinguished in
Johnson v. Hickel
, 1923-NMSC-002, 28 N.M. 349, 212 P. 338.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 3 - Occupation of Public Lands › Section 19-3-16 - [Each day's violation a separate offense.]

Each day's violation of the provisions of the first two sections [19-3-13, 19-3-14 NMSA 1978] of this chapter shall be and constitute a separate cause of action against any person, company or corporation violating the same.
History:
Laws 1889, ch. 61, § 4; C.L. 1897, § 130; Code 1915, § 4631; C.S. 1929, § 111-104; 1941 Comp., § 8-316; 1953 Comp., § 7-3-16.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-1 - [Patents of townsites to be recorded.]

It shall be the duty of any person who receives a patent from the government of the United States for a townsite in the state of New Mexico, to at once file such patent for record with the county clerk of the county wherein such townsite is situated.
History:
Laws 1909, ch. 50, § 1; Code 1915, § 5513; C.S. 1929, § 144-101; 1941 Comp., § 8-501; 1953 Comp., § 7-5-1.
ANNOTATIONS
Bracketed 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. —
73A C.J.S. Public Lands § 52.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-2 - [Failure to record townsite patent; penalty.]

Any person or persons failing to file for record the patent they have received for a townsite in the state of New Mexico, shall, upon conviction, before any court of competent jurisdiction, be imprisoned in the county jail for a period of not less than one year, and be fined in a sum of not less than five hundred dollars [($500)], together with the costs of the prosecution.
History:
Laws 1909, ch. 50, § 2; Code 1915, § 5514; C.S. 1929, § 144-102; 1941 Comp., § 8-502; 1953 Comp., § 7-5-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-3 - [Prosecutions for failure to record; duty of district attorneys.]

It is hereby made the duty of the several district attorneys in the state of New Mexico to prosecute all violators of the preceding section [19-4-2 NMSA 1978].
History:
Laws 1909, ch. 50, § 3; Code 1915, § 5515; C.S. 1929, § 144-103; 1941 Comp., § 8-503; 1953 Comp., § 7-5-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For provision on duties of district attorney,
see
36-1-18 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-5 - [Notice of suit; intervention.]

Such suit may be brought by any one or more of such occupants, or their heirs, executors, successors or assigns. Notice of such suit shall be by publication in the same manner that notice of the pendency of other civil suits by publication is made. Any party interested in the land embraced within the said townsite shall have the right to enter his appearance in said suit and to have his interest in the said land embraced in the said townsite adjudicated and determined.
History:
Laws 1912, ch. 12, § 2; Code 1915, § 5517; C.S. 1929, § 144-105; 1941 Comp., § 8-505; 1953 Comp., § 7-5-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For publication of notice,
see
14-11-1 to 14-11-13 NMSA 1978.
For rule on service of process by publication,
see
Rule 1-004 NMRA.
For rule on intervention in civil suit,
see
Rule 1-024 NMRA.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-6 - [Vacating all or part of townsite.]

When any tract of land may be filed upon, platted and recorded as a townsite in accordance with the provisions of an act of congress or law of New Mexico, and no town or organization under the laws of New Mexico shall have been perfected by the inhabitants residing thereon, or the owners thereof, the same may be vacated by consent of all such inhabitants or owners and disposed of as the said inhabitants or owners shall agree: provided, that a statement, signed and certified to by a majority of said inhabitants or owners, setting forth the fact of the vacation of such townsite, be filed with the clerk of the county in which the same shall be situated. When any tract of land has been recorded as a townsite, or has been annexed as an addition to a townsite, any part or portion thereof may be vacated upon the written consent of all the owners of that part or portion which it is proposed to vacate: provided, that no expenditures of money have been theretofore made or incurred by said town for the improvement or benefit of said part or portion, and that the same is bounded in same [whole] or in part by exterior town lines, and that when so vacated a statement, subscribed by such owners, setting forth the facts of such vacation, together with an accurate description, map and plat of such part vacated shall be filed in the office of the county clerk of the county in which such town is situated.
History:
Laws 1884, ch. 39, § 98; C.L. 1884, § 1706; C.L. 1897, § 3977; Code 1915, § 5518; C.S. 1929, § 144-106; 1941 Comp., § 8-506; 1953 Comp., § 7-5-6.
ANNOTATIONS
Bracketed 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. —
73A C.J.S. Public Lands §§ 52 to 55.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-7 - [Disposal of lots after entry.]

When the corporate authorities of any town, or the probate judge of the county for any county in this state, in which any town may be situated, shall have entered, at the proper land office, the land, or any part of the land, settled and occupied as the site of such town, pursuant to and by virtue of the provisions of the act of congress entitled, "An act for the relief of citizens of towns upon lands of the United States under certain circumstances," passed May 23, 1844, and any amendments that may be made thereto, it shall be the duty of the corporate authorities or probate judge, as the case may be, and they are hereby directed and required to dispose of and convey the title to such land, or to the several blocks, lots, parcels or shares thereof, to the persons hereinafter in this chapter described, and in the manner hereinafter specified, and apply the proceeds of the sale thereof under the following regulations.
History:
Laws 1882, ch. 70, § 1; C.L. 1884, § 2775; C.L. 1897, § 3978; Code 1915, § 5519; C.S. 1929, § 144-107; 1941 Comp., § 8-507; 1953 Comp., § 7-5-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this chapter" were inserted by the 1915 Code compilers, and referred to chapter 108 of that code, which is identical with this article.
The Townsite Act of May 23, 1844 (5 Stat. 657), referred to in this section, is not compiled in the United States Code.
Cross references.
— For sale of common lands within community land grants,
see
49-1-11 NMSA 1978.
Nature of railroad right-of-way.
— A railroad company, by complying with the act of congress, giving it a right to lands for right-of-way and station purposes, takes a limited fee therein, to which no other person can acquire any right or title, either by adverse possession or by grant from the company itself; hence, a claimant of lots in a townsite which embraces a part of such right-of-way and station grounds is not entitled to a deed from the probate judge including any portion thereof.
Dugan v. Montoya
, 1918-NMSC-035, 24 N.M. 102, 173 P. 118.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
73A C.J.S. Public Lands § 54.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-8 - [Conveyances to persons entitled to possession or occupancy.]

Such corporate authorities or probate judge, holding the title of such lands in trust, as declared in the said act of congress, his or their successors shall, by a good and sufficient deed of conveyance, grant and convey the title to each and every block, lot, share or parcel of the same to the person or persons who shall have possession, or be entitled to the possession or occupancy thereof, according to his, her or their several and respective rights or interest in the same, as they existed in law or equity at the time of the entry of such lands, or to his, her or their heirs and assigns. Every such deed to be made by such corporate authorities, or by such probate judge, shall be so executed and acknowledged as to admit the same to be recorded.
History:
Laws 1882, ch. 70, § 2; C.L. 1884, § 2776; C.L. 1897, § 3979; Code 1915, § 5520; C.S. 1929, § 144-108; 1941 Comp., § 8-508; 1953 Comp., § 7-5-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The act of congress referred to in this section is the Townsite Act of 1844 (5 Stat. 657), which act is not compiled in the United States Code.
Disposition of lands.
— Under this section, 19-4-9 and 19-4-10 NMSA 1978, the townsite lands must be disposed of for the use and benefit of the occupants who are in actual, bona fide possession, and they are entitled to their deeds on payment of their proportion of the expenses.
City of Socorro v. Cook
, 1918-NMSC-072, 24 N.M. 202, 173 P. 682;
Gill v. Wallis
, 1902-NMSC-022, 11 N.M. 481, 70 P. 575.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-9 - [Notice of entry; posting and publication.]

Within thirty days after the entry of such lands, the corporate authorities or probate judge entering the same, shall give public notice of such entry, by posting notice thereof in at least three public places within such town and by publishing such notice in a newspaper published in the county in which such town shall be situated. In case there shall not be any newspaper published in such county, then in some newspaper published nearest to such town in this state. Such notice shall be published once in each week for at least three successive weeks, and shall contain an accurate description of the lands so entered, as the same is stated in the certificate of entry, or duplicate receipt for the purchase money thereof, given by the land officers at the time of such entry. In case of entry of such lands by corporate authorities, the mayor or president shall give such notice in behalf of the town, in his official capacity.
History:
Laws 1882, ch. 70, § 3; C.L. 1884, § 2777; C.L. 1897, § 3980; Code 1915, § 5521; C.S. 1929, § 144-109; 1941 Comp., § 8-509; 1953 Comp., § 7-5-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-10 - [Claim for lots; time limit; unclaimed lots revert to town.]

Each and every person or association or company of persons claiming to be an occupant or occupants, or to have possession, or to be entitled to the occupancy or possession of such lands, or to any lot, block, share or parcel thereof, shall, within sixty days after the first publication of such notice, in person, or by his, her or their, duly authorized agent or attorney, sign a statement in writing, containing an accurate description of the particular parcel or parts of lands, in which he, she or they, claim to have an interest, and the specific right, interest or estate therein which he, she or they, claim to be entitled to, [and shall] receive and deliver the same to, or into, the office of such corporate authorities, or probate judge, and all persons failing to sign and deliver such statement within the time specified in this section shall be forever barred the right of claiming or recovering such lands, or any interest or estate therein, or any part, parcel or share thereof, in any court of law or equity. In case any lots in such town remain unclaimed and unconveyed at the end of said sixty days, all such lots shall revert to and become the property of such town.
History:
Laws 1882, ch. 70, § 4; C.L. 1884, § 2778; C.L. 1897, § 3981; Code 1915, § 5522; C.S. 1929, § 144-110; 1941 Comp., § 8-510; 1953 Comp., § 7-5-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Provisions repealed.
— Two provisions of this section are repugnant to and irreconcilable with Section 19-4-4 NMSA 1978 and were therefore repealed by the latter section, namely, the absolute bar to an occupant who failed to file a claim within the specified time limit and the provision that upon failure to file a claim the property reverted to the town, since if failure to file resulted in the property reverting to the town, the title would no longer be in the probate judge and Section 19-4-4 NMSA 1978 could never be utilized.
Alvarez v. Board of Trustees
, 1957-NMSC-022, 62 N.M. 319, 309 P.2d 989.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-11 - [Notice of meeting to elect trustees; qualifications; duties.]

Within ten days after the time, as prescribed in the preceding section [19-4-10 NMSA 1978], the corporate authorities, or, if there be no corporate authorities, the probate judge holding the land in trust, shall give ten days' notice of the time and place wherein a public meeting of the inhabitants of such town will be held, at which public meeting a board of five trustees shall be elected by a majority of the votes of the legally qualified voters residing within said town, present at said meeting. Said board of five trustees shall consist of legally qualified voters, being owners of real estate in said town: provided, further, that after said election has been duly certified to by the chairman and secretary of the public meeting so held, they are, and are hereby authorized to dispose of all said lots, blocks or parcels, of said land, as described in the preceding section, as may seem best for the use of the school funds of said inhabitants of such town, as hereinafter provided in this chapter.
History:
Laws 1882, ch. 70, § 5; C.L. 1884, § 2779; C.L. 1897, § 3982; Code 1915, § 5523; C.S. 1929, § 144-111; 1941 Comp., § 8-511; 1953 Comp., § 7-5-11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this chapter" were inserted by the 1915 Code compilers, and referred to Chapter 108 of that code, which is identical to this article.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-12 - [Term of office of trustees.]

The board of trustees, when elected, shall hold the office for the period of one year, and until their successors shall be duly elected and qualified under the laws of this state.
History:
Laws 1882, ch. 70, § 6; C.L. 1884, § 2780; C.L. 1897, § 3983; Code 1915, § 5524; C.S. 1929, § 144-112; 1941 Comp., § 8-512; 1953 Comp., § 7-5-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-13 - [Board of appraisers; appointment; oath; refusal to act; new board.]

The board of trustees of any such town shall appoint, by order, resolution or ordinance, a board of appraisers, to consist of three freeholders of any such town, who shall have no interest in such unclaimed or unconveyed lots, or parcels of land, or the improvements thereon. Each of said appraisers shall take an oath to faithfully discharge his duties as such appraiser, and shall file such oath in the office of the clerk of said board before commencing his duties as such appraiser. In case such appraisers should fail or neglect to make the appraisement hereinafter specified in this chapter [19-4-14 NMSA 1978], and file the same with the clerk of said board, for a period of more than ten days after their appointment, then said board may appoint a new board of appraisers for the purposes herein provided. It shall be the duty of such board to appoint such appraisers within thirty days after the time has expired for persons to present claims for lots in such towns.
History:
Laws 1882, ch. 70, § 7; C.L. 1884, § 2781; C.L. 1897, § 3984; Code 1915, § 5525; C.S. 1929, § 144-113; 1941 Comp., § 8-513; 1953 Comp., § 7-5-13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-14 - [Appraisement; contents; valuations.]

Said appraisers shall appraise all lots or parcels of land, unclaimed or not, conveyed by virtue of any law, in such town, at their just and full cash value, and file their written appraisement, as aforesaid. Said appraisement shall contain a description of each lot or parcel of land so appraised, and a statement of the cash value of each lot and parcel of land so appraised. Said appraisers shall make a separate statement of the value of such lots and parcels of land without improvements, and the aggregate value of both; there shall be attached to such appraisement a written affidavit of said appraisers, verifying each statement of such appraisement, and alleging that each of said lots and parcels of land is appraised at its just and full value. The appraisement shall be required only in cases where the time has expired by prior laws for claimants to file their statements.
History:
Laws 1882, ch. 70, § 8; C.L. 1884, § 2782; C.L. 1897, § 3985; Code 1915, § 5526; C.S. 1929, § 144-114; 1941 Comp., § 8-514; 1953 Comp., § 7-5-14.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-15 - [Notice of sale; publication; contents.]

The mayor, or president, or probate judge, as the case may be, shall, upon the filing of such appraisement, give notice, signed in his official capacity, of the time and place of sale of said lots and parcels of land, by advertisement, published once a week for three successive weeks in some newspaper published in the county where such town is situated, or if no newspaper is published in said county, then in the paper published nearest such town. Such sale shall be advertised to be made at some public place in said town, and to be sold at some specified time between the hours of sunrise and sunset.
History:
Laws 1882, ch. 70, § 9; C.L. 1884, § 2783; C.L. 1897, § 3986; Code 1915, § 5527; C.S. 1929, § 144-115; 1941 Comp., § 8-515; 1953 Comp., § 7-5-15.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-16 - [Conduct of sales.]

Such lots or parcels of land shall be sold at public vendue to the highest bidder for cash and shall be offered for sale singly unless a greater price can be obtained by selling several lots or parcels of land together, in which case several lots or parcels of land can be sold together, after an attempt has been first made to sell them singly. Such sale may be continued if necessary, from day to day for a period not to exceed three days at any one sale. In case all said lands are not sold at first sale, the remaining lands shall be advertised as many times as may be necessary to sell said lands, and all sales subsequent to the first sale shall be advertised and conducted the same as the first sale. No lot or parcel of land shall be sold at less than its appraised value. A new appraisement may be had of all lands remaining unsold: provided, that such new appraisement shall not be made oftener than three months. Such new appraisement shall be made by a new board of appraisers, or the old board of appraisers, to be appointed in the manner of the first board of appraisers.
History:
Laws 1882, ch. 70, § 10; C.L. 1884, § 2784; C.L. 1897, § 3987; Code 1915, § 5528; C.S. 1929, § 144-116; 1941 Comp., § 8-516; 1953 Comp., § 7-5-16.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-17 - [Conveyance of streets, parks and commons by probate judge.]

If the title to any such land shall be vested in any probate judge, such probate judge shall convey to any such town, the land used or laid out by the town authorities, or otherwise, as streets, lanes, avenues, parks, commons and public grounds, within such time as provided in this chapter, for making conveyances to individuals, and in the same manner, and the mayor, president or probate judge, may make such statements in behalf of the town, showing the right of such town to such lands.
History:
Laws 1882, ch. 70, § 11; C.L. 1884, § 2785; C.L. 1897, § 3988; Code 1915, § 5529; C.S. 1929, § 144-117; 1941 Comp., § 8-517; 1953 Comp., § 7-5-17.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this chapter" were inserted by the 1915 Code compilers, and referred to Chapter 108 of that code, which is identical to this article.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-18 - [Purchase at private sale by person in possession.]

In all cases, when subsequent to the time provided by law for persons to claim lots on such townsites, and prior to the taking effect of this law, any person may have entered thereon and improved any lots belonging to such town, such person, after the report of such board of appraisers, and prior to the public sale, may purchase any such lots from the said trustees or commissioners at private sale, for cash, at the appraised value of such lots, exclusive of improvements, unless there shall be adverse claimants to any such lots, in which case the respective rights of such claimants shall be determined, as hereinafter provided in this chapter.
History:
Laws 1882, ch. 70, § 12; C.L. 1884, § 2786; C.L. 1897, § 3989; Code 1915, § 5530; C.S. 1929, § 144-118; 1941 Comp., § 8-518; 1953 Comp., § 7-5-18.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this chapter" were inserted by the 1915 Code compilers, and referred to Chapter 108 of that code, which is identical to this article.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-19 - [Reservation for park or public purpose.]

The corporate authorities of any town or board of trustees, may set apart and reserve any of said lots or blocks, not to exceed four blocks in all, nor situated in more than eight different blocks in any one town, for the public use of said town, for a town park, or other purposes, for the benefit of the public, in lieu of offering them for sale, and shall execute to such town a deed for said lots so reserved.
History:
Laws 1882, ch. 70, § 13; C.L. 1884, § 2787; C.L. 1897, § 3990; Code 1915, § 5531; C.S. 1929, § 144-119; 1941 Comp., § 8-519; 1953 Comp., § 7-5-19.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-20 - Disposition of proceeds.

The proceeds received from the sale shall be disposed of as follows:
A. first, to pay the expenses of the sale;
B. second, to discharge any outstanding claims incurred in entering the townsite of the town; and
C. third, the surplus, if any, shall be retained by the town trustees to be used for making improvements within the townsite for public purposes.
History:
Laws 1882, ch. 70, § 14; C.L. 1884, § 2788; Laws 1891, ch. 29, § 1; C.L. 1897, § 3991; Code 1915, § 5532; C.S. 1929, § 144-120; 1941 Comp., § 8-520; 1953 Comp., § 7-5-20; Laws 1967, ch. 279, § 1.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-21 - [Adverse claims; litigation.]

In case there shall be adverse claimants to such lands, or to any part, parcel or share thereof, either party may bring a suit against the adverse claimant or claimants, in the district court of the judicial district, or in any court of competent jurisdiction in the county in which the lands shall be situated, or in any county to which the county in which such lands shall be situated is attached for judicial purposes: provided, always, that no judge of the district court, or county judge, who has been an adverse claimant, directly or indirectly, of any portion of the lands embraced within such towns, or who is a party to any action brought to determine a right to a conveyance of any portion of the lands within such town, shall entertain, hear or determine any such claims, by or between any parties whomsoever; but in all such cases, if the cause shall be pending in a district court, the judge thereof shall order all papers, with a transcript of the record in the cause, to be transmitted to another judicial district, as in cases of changes of venue, and if the cause shall be pending in a county court, the judge thereof shall order all papers, with a transcript of the record, to be transmitted to the district court of said county, and the cause shall proceed in the courts to which the same is removed as if originally instituted in that court: provided, also, that the laws applicable to a change of venue, shall apply to such actions: and provided, also, that nothing in this chapter shall prevent the district or probate judge of the district or county in which such lands are situated from executing any and all conveyances of such lands, pursuant to the determination of such action. Suits shall be brought against adverse claimants or defendants, and it shall not be necessary to make the judge, or corporate authorities, parties thereto. The complaint must show what interest or estate in the lands in controversy the plaintiff claims. The answer, pleadings and other proceedings shall be as in cases in chancery, except that oral testimony may be introduced upon the trial, and the evidence, if not in the form of depositions, shall be reduced to writing, certified by the judge and filed with the papers in the cause.
History:
Laws 1882, ch. 70, § 15; C.L. 1884, § 2789; C.L. 1897, § 3993; Code 1915, § 5534; C.S. 1929, § 144-122; 1941 Comp., § 8-522; 1953 Comp., § 7-5-22.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this chapter" were inserted by the 1915 Code compilers, and referred to Chapter 108 of that code, which is identical to this article.
The Rules of Civil Procedure now govern all civil suits, whether cognizable as cases at law or in equity (except for special statutory or summary proceedings), and provide for one form of action, "civil action."
See
Rules 1-001 and 1-002 NMRA.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-22 - [Paramount right to lands.]

Upon the trial of any such action, either party may give in evidence the statement mentioned in Section 19-4-10 NMSA 1978, deposited by the other, or by the person under whom he, or she, claims, with the corporate authorities or probate judge. And the person, or persons, who shall have first acquired the right to the possession, or occupancy, of such lands, either in person, or by agent, servant or tenant, or those claiming under him, her or them, shall be deemed to have the prior and paramount right to such lands: provided, that nothing in this section shall be so construed to recognize the right of any person or persons who have virtually abandoned any land held as a townsite, to any title therein.
History:
Laws 1882, ch. 70, § 16; C.L. 1884, § 2790; C.L. 1897, § 3994; Code 1915, § 5535; C.S. 1929, § 144-123; 1941 Comp., § 8-523; 1953 Comp., § 7-5-23.
ANNOTATIONS
Bracketed 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. —
73A C.J.S. Public Lands § 53.