reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-44 - [Rules and regulations; filing and recording fee.]

The commissioner of public lands is authorized to make, publish and enforce all necessary and reasonable rules and regulations for carrying out the purposes and provisions of this act [19-7-37 to 19-7-45 NMSA 1978], and shall collect a uniform fee of one dollar [($1.00)] for the filing and recording of any instrument under the provisions hereof, which fees shall be covered into the maintenance fund of his office.
History:
Laws 1933, ch. 126, § 9; 1935, ch. 47, § 2; 1941 Comp., § 8-844; 1953 Comp., § 7-8-46.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For state lands maintenance fund,
see
19-1-11 NMSA 1978.
Discretion of commissioner limited.
— While the commissioner of public lands has a great deal of discretionary authority in managing the public lands of the state, his discretion is limited by express provisions in the law. 1969 Op. Att'y Gen. No. 69-67.
No rights in public lands may be given or acquired contrary to law by circumvention, indirection or otherwise, no matter how valid or well-intentioned the underlying reason may be. 1969 Op. Att'y Gen. No. 69-67.
Practice not authorized.
— Practice of allowing relinquishment of a lessee's existing leases on grazing or agricultural lands subject to the Enabling Act and application for a new consolidated lease, the net result being a lease of more than five years' duration without the opportunity for competitive bidding or adverse applications as provided by law, is beyond the discretion of the commissioner of public lands. 1969 Op. Att'y Gen. No. 69-67.
Rules have effect of law.
— Rules promulgated by the commissioner under this section when authorized by law and not contrary to it have the effect of law. 1969 Op. Att'y Gen. No. 69-67.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-45 - [Construction of act; prior assignments and mortgages.]

This act [19-7-37 to 19-7-45 NMSA 1978] shall not be construed to affect any assignment, mortgage or other instrument covering any purchase contract or lease of state lands for grazing or agricultural purposes or improvements thereon heretofore given for the purpose of securing any indebtedness and any such instrument or a certified copy thereof may be filed in the office of the commissioner of public lands and when so filed shall be constructive notice to all persons of the contents thereof and the lien created thereby may be foreclosed in accordance with the provisions of this act. Provided, however, the provisions of this act prescribing forms or requiring the approval of assignments by the commissioner of public lands shall not apply to such instruments.
History:
Laws 1933, ch. 126, § 10; 1937, ch. 51, § 5; 1941 Comp., § 8-845; 1953 Comp., § 7-8-47.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For foreclosure of assignments,
see
19-7-41 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-46 - [Satisfaction of debt for which assignment of grazing or agricultural lease or purchase contracts given as security; filing of release.]

When any lease debt or evidence of debt secured by an assignment for collateral security of grazing or agricultural leases of state lands or purchase contracts shall have been fully satisfied, it shall be the duty of the mortgagee, trustee or the assignee of such debt or evidence or [of] debt as the case may be to cause the full satisfaction thereof, to be entered of record in the office of the state commissioner of public lands.
History:
1941 Comp., § 8-836b, enacted by Laws 1953, ch. 69, § 1; 1953 Comp., § 7-8-48.
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 §§ 186, 197.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-47 - [Violation; penalty; civil liability.]

Any person who shall be guilty of violating the preceding section [19-7-46 NMSA 1978], upon conviction before any justice of the peace [magistrate court] or district court having jurisdiction of the same shall be punished by a fine of not less than ten [dollars] ($10.00) nor more than twenty-five dollars ($25.00), and shall be liable in a civil action for all costs of clearing the title to said property including a reasonable attorney's fee.
History:
1941 Comp., § 8-836c, enacted by Laws 1953, ch. 69, § 2; 1953 Comp., § 7-8-49.
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 the jurisdiction, powers and duties thereof transferred to the magistrate court.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-48 - [Existing collateral assignments ratified; application of act thereto.]

All existing collateral assignments heretofore filed and approved by the commissioner of public lands covering either state leases or state land purchase contracts are hereby ratified and the provisions of this act [19-7-37, 19-7-46 to 19-7-48 NMSA 1978] are hereby made applicable thereto.
History:
1941 Comp., § 8-836a, enacted by Laws 1953, ch. 69, § 4; 1953 Comp., § 7-8-50.
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 7 - Sale and Lease of Lands › Section 19-7-51 - [Improvement on grazing or agricultural lease; restrictions.]

Except by the express written consent of the commissioner, improvements upon leased state lands held under one lease shall be limited as follows: upon those leased for grazing purposes, fences only, at a cost not exceeding one hundred and fifty dollars ($150) per mile, and necessary corrals, at a cost not exceeding two hundred dollars ($200); upon those leased for agricultural purposes, fences at a cost not exceeding one hundred and fifty dollars ($150) per mile for exterior boundaries and seventy-five dollars ($75) per mile for inside cross-fences; barns, dwellings and all other buildings, at a total cost not exceeding six hundred dollars ($600); wells and irrigation systems at a total cost not exceeding one thousand dollars ($1,000); and for improvements to the land, such as orchards, plowed land, crops, etc., the amount allowed shall be only the amount added to the natural value of the land by such improvement, but in no case to exceed a total of ten dollars ($10.00) per acre for lands actually so improved. For the purposes of this chapter fences and growing crops shall be considered as movable improvements, and all other improvements as permanent improvements.
History:
Laws 1912, ch. 82, § 22; Code 1915, § 5199; C.S. 1929, § 132-122; 1941 Comp., § 8-848; 1953 Comp., § 7-8-53.
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" apparently refer to ch. 102 of the 1915 Code, §§ 5178 to 5290, the presently effective sections of which are compiled herein as 19-1-1, 19-1-2, 19-1-4 to 19-1-6, 19-1-9 to 19-1-16, 19-1-21, 19-2-1, 19-5-3 to 19-5-10, 19-6-1 to 19-6-7, 19-7-1, 19-7-7, 19-7-8, 19-7-11, 19-7-13, 19-7-19 to 19-7-22, 19-7-25, 19-7-27 to 19-7-30, 19-7-34, 19-7-36, 19-7-50 to 19-7-53, 19-7-57, 19-7-58, 19-7-64 to 19-7-67, 19-8-1 to 19-8-3, 19-8-10, 19-8-12, 19-8-13, 19-9-1 to 19-9-8, 19-11-10 NMSA 1978.
Cross references.
— For compensation of owner of improvements by purchaser or subsequent lessee,
see
19-7-14 to 19-7-18 NMSA 1978.
Law reviews.
— For note, "Administration of Grazing Lands in New Mexico: A Breach of Trust," see 15 Nat. Resources J. 581 (1975).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Implied duty of lessee to remove his property, debris, buildings, improvements and the like, 23 A.L.R.2d 655.
What constitutes improvements within provisions of lease permitting or prohibiting tenant's removal thereof at termination of lease, 30 A.L.R.3d 998.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-52 - Excessive permanent improvements become part of realty.

Twenty-five percent of all permanent improvements in excess of the amount specified in Section 19-7-51 NMSA 1978 shall be and remain a part of the real estate so offered for sale, except as provided in this and the preceding section.
History:
Laws 1913, ch. 29, § 3; Code 1915, § 5259; C.S. 1929, § 132-200; 1941 Comp., § 8-851; 1953 Comp., § 7-8-56; Laws 1975, ch. 111, § 2.
ANNOTATIONS
Compiler's notes.
— As enacted, this section ended "except as provided in this act," meaning Laws 1913, ch. 29, §§ 1 to 3. This was changed in the 1915 Code to "except as provided in this and the preceding sections," apparently meaning 5257 to 5259, 1915 Code. Sections 5257 and 5258, 1915 Code, were repealed by Laws 1963, ch. 237, § 6. Laws 1975, ch. 111, § 2, amended this section, substituting "except as provided in this and the preceding section" for "except as provided in this and the preceding sections," among other changes. Section 7-8-53, 1953 Comp., was the first section preceding this section in 1975 that had not been repealed. It is compiled herein as 19-7-51 NMSA 1978.
Cross references.
— For compensation of owner of improvements by purchaser or subsequent lessee,
see
19-7-14 to 19-7-18 NMSA 1978.
Law reviews.
— For note, "Administration of Grazing Lands in New Mexico: A Breach of Trust," see 15 Nat. Resources J. 581 (1975).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
What are improvements within lease provisions permitting or prohibiting tenant's removal thereof at termination of lease, 30 A.L.R.3d 998.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-53 - [Preferences in leasing; occupants of land acquired by state; persons or firms domiciled or paying taxes in state.]

Any person, association of persons or corporation authorized to transact business in the state, occupying any lands the title to which is acquired by the state by operation of law, shall have a preference right to lease same in accordance with the provisions of this chapter; provided application so to do is made within thirty days from and after the acquisition of such title. Persons, associations of persons or corporations having domicile or paying taxes in the state, applying to lease state lands, shall in all cases be given preference provided the rental or royalty offered to be paid be at least equal to that otherwise obtainable.
History:
Laws 1912, ch. 82, § 23; Code 1915, § 5200; C.S. 1929, § 132-123; 1941 Comp., § 8-852; 1953 Comp., § 7-8-57.
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" apparently refer to ch. 102 of the 1915 Code, §§ 5178 to 5290, the presently effective sections of which are compiled herein as 19-1-1, 19-1-2, 19-1-4 to 19-1-6, 19-1-9 to 19-1-16, 19-1-21, 19-2-1, 19-5-3 to 19-5-10, 19-6-1 to 19-6-7, 19-7-1, 19-7-7, 19-7-8, 19-7-11, 19-7-13, 19-7-19 to 19-7-22, 19-7-25, 19-7-27 to 19-7-30, 19-7-34, 19-7-36, 19-7-50 to 19-7-53, 19-7-57, 19-7-58, 19-7-64 to 19-7-67, 19-8-1 to 19-8-3, 19-8-10, 19-8-12, 19-8-13, 19-9-1 to 19-9-8, 19-11-10 NMSA 1978.
Cross references.
— For preference in leasing to departments of state for purpose of erecting state buildings,
see
19-7-27 NMSA 1978.
For right of existing grazing lessee to meet higher rental offer of new lease applicant,
see
19-7-49 NMSA 1978.
For lease preference rights of municipality, county or school district,
see
19-7-56 NMSA 1978.
Section has no reference to renewal leases.
State ex rel. McElroy v. Vesely
, 1935-NMSC-096, 40 N.M. 19, 52 P.2d 1090.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-54 - Municipalities leasing lands within five miles of limits; uses; term.

Wherever any lands belonging to the state or under the supervision of the commissioner are situate within five miles of any municipality and the municipality may have use for the state lands for airports, parks, swimming pools, fairgrounds, playgrounds, economic development or other municipal purposes, the municipality is authorized and empowered to lease the lands or so much thereof as may be reasonably necessary for such purpose from the commissioner, and upon receipt of a request for such a lease, the commissioner is authorized and empowered to enter into such a lease for a term not exceeding forty years upon such reasonable terms and conditions as may be prescribed by the commissioner.
History:
Laws 1929, ch. 53, § 1; C.S. 1929, § 132-601; 1941 Comp., § 8-853; 1953 Comp., § 7-8-58; 2020, ch. 21, § 1.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2020, provided that a municipality may lease certain state lands for purposes of economic development, and increased the term for certain leases of state land entered into between a municipality and the state; and added the new section heading, after "playgrounds", added "economic development", and after "not exceeding", deleted "twenty-five" and added "forty".
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-55 - Counties and school districts leasing state lands; uses; term.

A. Any county or school district within the state that may have use for any state lands for any purpose incidental to the powers of the county or school district shall have the right and power to lease the lands or so much thereof as may be reasonably necessary for such purpose from the commissioner, and upon receipt of a request for such a lease, the commissioner is authorized and empowered to enter into such a lease for a term not exceeding forty years upon such reasonable terms and conditions as may be prescribed by the commissioner.
B. In setting the terms and conditions of any lease to a school district, the commissioner shall, upon the request of the governing body of the school district, provide that the rental costs for the lease be paid from the school district's share of the current school fund established in Article 12, Section 4 of the constitution of New Mexico, or the common school current fund created in Section 19-1-17 NMSA 1978.
C. The necessary documentation to achieve this appropriation shall be submitted to the state treasurer by the commissioner. The appropriation made hereby is a continuing appropriation.
History:
Laws 1929, ch. 53, § 2; C.S. 1929, § 132-602; 1941 Comp., § 8-854; 1953 Comp., § 7-8-59; Laws 1985 (1st S.S.), ch. 2, § 1; 2020, ch. 21, § 2.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2020, increased the term for certain leases of state land entered into between a county or school district and the state; added new subsection designations A through C, and in Subsection A, after "not exceeding", deleted "twenty-five" and added "forty".
The 1985 amendment,
effective August 16, 1985, added the second and third paragraphs and, in the first paragraph, deleted "of New Mexico" following "state" and substituted "the county" for "said county" and "the lands" for "such lands" near the beginning, deleted "or purposes" following "purpose" and substituted "the commissioner, and the commissioner is authorized" for "the commissioner of public lands of the state of New Mexico, and said commissioner of public lands is hereby authorized" near the middle and deleted "of public lands" at the end.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-56 - [Preference right of municipality, county or school district; payment for prior improvements.]

Any such municipality, county or school district, shall at all times have a preference right to lease said state lands, and the commissioner of public lands shall prefer the application of said municipality, county or school district over any other application for lease upon the same land. Provided, nevertheless, that before any such lease is granted the lessee shall be required to pay the reasonable value of any improvements placed upon said state lands by a former lessee for the use of the owner of said improvements.
History:
Laws 1929, ch. 53, § 3; C.S. 1929, § 132-603; 1941 Comp., § 8-855; 1953 Comp., § 7-8-60.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For compensation of owner of improvements by purchaser or subsequent lessee,
see
19-7-14 to 19-7-18 NMSA 1978.
For preference in leasing to departments of state for purpose of erecting state buildings,
see
19-7-27 NMSA 1978.
For right of existing grazing lessee to meet higher rental offer of new lease applicant,
see
19-7-49 NMSA 1978.
For preference to occupants of lands acquired by state, and to persons domiciled or paying taxes therein,
see
19-7-53 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-58 - [Rights-of-way; interference with roads or highways.]

The location of any right-of-way through any canyon, pass or defile shall not cause the disuse of any wagon [road] or other public highway now located therein, nor prevent the location through the same of any such wagon road or highway, where such road or highway may be necessary for the public accommodation; and where any change in the location of such wagon road is necessary to permit the use of such right-of-way or easement, the user of such right-of-way or easement, shall before entering upon the ground occupied by such wagon road, cause the same to be reconstructed at his own expense in the most favorable location, and in as perfect a manner as the original road.
History:
Laws 1912, ch. 82, § 54; Code 1915, § 5232; C.S. 1929, § 132-155; 1941 Comp., § 8-857; 1953 Comp., § 7-8-62.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For authorization to commissioner to grant rights-of-way and easements,
see
19-7-57 NMSA 1978.
For reservation of roadway over timbered and mountain lands,
see
19-11-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-60 - Claim for refund; contents; time limit; notice of erroneous payment; limitation of action.

A person claiming a refund under the provisions of Sections 19-7-59 through 19-7-63 NMSA 1978 shall file with the commissioner of public lands a written claim for refund, stating the amount claimed to have been erroneously paid and the reasons why such payment was erroneously made. All claims for refund of money shall be filed within ninety days after notice. If an erroneous payment of any money is discovered by the commissioner of public lands, notice of the discovery shall be given by the commissioner of public lands, as soon after the discovery as possible, by registered mail to the last recorded address of the person making the erroneous payment. A claim for a refund that is not filed with the commissioner of public lands within six years from the date the erroneous payment was made shall be forever barred; provided that if notice of an erroneous payment is given less than ninety days before the end of the six-year limitation, the period of time to file a claim shall be extended beyond the six-year limitation for the number of days necessary to provide ninety days to file the claim.
History:
Laws 1931, ch. 99, § 2; 1941 Comp., § 8-859; 1953 Comp., § 7-8-64; Laws 1979, ch. 234, § 2; 2007, ch. 61, § 2.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, barred claims for refund of erroneous payments after six years from the date of payment, but extends the time to file a claim after the six-year limitation period up to 90 days if a notice of erroneous payment is given less than 90 days before the end of the six-year limitation.
Limitations inapplicable.
— The statute on limitation of actions has no application to proceedings under Laws 1931, ch. 99 (Sections 19-7-59 to 19-7-63 NMSA 1978), and the commissioner of public lands should consider claims filed for refund of payments erroneously made regardless of time. 1932 Op. Att'y Gen. No. 32-506.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-62 - Annual appropriation for refunds; payment from state lands maintenance fund.

There is appropriated annually out of the state lands maintenance fund created by Section 19-1-11 NMSA 1978 the sum of five hundred thousand dollars ($500,000) or such part thereof as may be necessary for the purpose of making refunds of payments determined in the manner provided by Sections 19-7-59 through 19-7-63 NMSA 1978 to have been erroneously collected; provided, however, that any refund of money paid into any fund other than the state lands maintenance fund shall be made only out of that part of the state lands maintenance fund distributable to the fund into which such payment was erroneously made, under the provisions of Section 19-1-13 NMSA 1978.
History:
Laws 1931, ch. 99, § 4; 1941 Comp., § 8-861; 1953 Comp., § 7-8-66; Laws 1979, ch. 234, § 3; 2007, ch. 61, § 3.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, increased the annual appropriation for refunds from $200,000 to $500,000.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-63 - Erroneous distribution to permanent fund.

Refunds shall be made hereunder, of any money erroneously distributed to any permanent fund, only out of that part of the state lands maintenance fund distributable to that beneficiary into whose permanent fund the erroneous distribution was made. Provided, however, in the event the fund distributable to a beneficiary for the current fiscal year is insufficient to pay an approved refund, a temporary loan may be made to that beneficiary from that part of the maintenance fund as represents receipts for fees and copies. Such loans are repayable from distributable funds allocated to the beneficiary for the following fiscal year.
History:
1978 Comp., § 19-7-63, enacted by Laws 1979, ch. 234, § 4.
ANNOTATIONS
Repeals and reenactments.
— Laws 1979, ch. 234, § 4, repealed former 19-7-63 NMSA 1978, relating to the prohibition of refunds of money distributed to permanent funds and the bar of claims for refund not filed within a certain time, and enacted a new section.
Cross references.
— For time for filing claim for refund,
see
19-7-60 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-65 - [Commissioner's power relative to oaths, witnesses and documents.]

In such contests, the commissioner shall have the same power as conferred by law upon referees relative to the administration of oaths, examination of witnesses and production of books, documents and other papers.
History:
Laws 1912, ch. 82, § 70; Code 1915, § 5248; C.S. 1929, § 132-182; 1941 Comp., § 8-864; 1953 Comp., § 7-8-69.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For masters (including referees),
see
Rule 1-053 NMRA.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-66 - [Perjury in contest proceedings; penalty.]

Every person who shall knowingly and willfully swear falsely, concerning any material matter or thing, respecting which he shall be required to depose in any such contest, shall be deemed guilty of perjury, and upon conviction thereof shall be punished by imprisonment for not more than five years, nor less than two years.
History:
Laws 1912, ch. 82, § 71; Code 1915, § 5249; C.S. 1929, § 132-183; 1941 Comp., § 8-865; 1953 Comp., § 7-8-70.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For false swearing in application to lease or purchase state lands, or appraisement of same,
see
19-7-7 NMSA 1978.
For offense of perjury generally,
see
30-25-1, 30-25-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-67 - Contest; commissioner; appeal to district court.

A person aggrieved by a decision of the commissioner may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
Laws 1912, ch. 82, § 72; Code 1915, § 5250; C.S. 1929, § 132-184; 1941 Comp., § 8-866; 1953 Comp., § 7-8-71; Laws 1998, ch. 55, § 28; 1999, ch. 265, § 29.
ANNOTATIONS
Cross references.
— For procedures governing administrative appeals to the district court,
see
Rule 1-074 NMRA.
The 1999 amendment,
effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1".
The 1998 amendment,
effective September 1, 1998, rewrote this section to the extent that a detailed comparison is impracticable.
Section does not violate any constitutional provision.
Application of Dasburg
, 1941-NMSC-024, 45 N.M. 184, 113 P.2d 569.
Approval of sureties on bond.
— The commissioner's duty to approve sureties on bond does not extend to the power of rejecting individual sureties and requiring one single, paid, corporate surety; such ruling is an abuse of his discretion.
State ex rel. Walker v. Hinkle
, 1933-NMSC-032, 37 N.M. 444, 24 P.2d 286.
Lease cancellation appealable.
— Lessee whose lease was canceled for subleasing without consent of commissioner of public lands was entitled to appeal to district court.
Commissioner of Pub. Lands v. Van Bruggen
, 1947-NMSC-009, 51 N.M. 108, 179 P.2d 528.
Appeal of contract cancellation by trespasser.
— A railroad, which was not a party to a case before state land commissioner initiated by an order to show cause why a contract to purchase realty on which such railroad as a trespasser had made improvements should not be canceled, was not in position to urge a judgment in the supreme court directing cancellation of the contract, but could appeal to district court.
Application of Dasburg
, 1941-NMSC-024, 45 N.M. 184, 113 P.2d 569.
Mandamus unavailable.
— This section provides an adequate remedy at law for anyone who is aggrieved by the action of the commissioner of public lands and, therefore, mandamus does not lie to compel the duties alleged to be due.
Andrews v. Walker
, 1955-NMSC-072, 60 N.M. 69, 287 P.2d 423.
Unless right of appeal denied.
— The commissioner cannot deny the right of appeal granted herein without being amendable to mandamus.
State ex rel. Walker v. Hinkle
, 1933-NMSC-032, 37 N.M. 444, 24 P.2d 286.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-69 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 265, § 96 repealed 19-7-68 and 19-7-69 NMSA 1978, as enacted by Laws 1921, ch. 82, §§ 73 and 74, relating to contest proceedings, effective July 1, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 8 - Lease of Mineral Lands › Section 19-8-1 - [Concealment of returns; defrauding state of royalty; penalty.]

Any lessee of mineral lands under this chapter who shall conceal, or attempt to conceal any of such returns, or who shall in any manner defraud, or attempt to defraud, the state out of any such royalty shall be deemed guilty of a felony, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than three years, or both; and his lease shall be forfeited in the manner hereinbefore provided in this chapter.
History:
Laws 1912, ch. 82, § 37; Code 1915, § 5214; C.S. 1929, § 132-137; 1941 Comp., § 8-906; 1953 Comp., § 7-9-6.
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" apparently refer to ch. 102 of the 1915 Code, §§ 5178 to 5290, the presently effective sections of which are compiled herein as 19-1-1, 19-1-2, 19-1-4 to 19-1-6, 19-1-9 to 19-1-16, 19-1-21, 19-2-1, 19-5-3 to 19-5-10, 19-6-1 to 19-6-7, 19-7-1, 19-7-7, 19-7-8, 19-7-11, 19-7-13, 19-7-19 to 19-7-22, 19-7-25, 19-7-27 to 19-7-30, 19-7-34, 19-7-36, 19-7-50 to 19-7-53, 19-7-57, 19-7-58, 19-7-64 to 19-7-67, 19-8-1 to 19-8-3, 19-8-10, 19-8-12, 19-8-13, 19-9-1 to 19-9-8, 19-11-10 NMSA 1978.
Cross references.
— For forfeiture of lease for failure to pay rent,
see
19-7-34 NMSA 1978.
For grounds of forfeiture of grazing or agricultural leases,
see
19-7-35 NMSA 1978.
For forfeiture procedure on violation of lease or other written instrument,
see
19-7-50 NMSA 1978.
For forfeiture on failure to develop and operate mineral lands in workmanlike manner,
see
19-8-13 NMSA 1978.
For forfeiture of certain mineral leases for violation thereof,
see
19-8-27 NMSA 1978.
For lease of coal lands,
see
19-9-9 NMSA 1978 et seq.
For forfeiture on failure to comply with terms of coal lease,
see
19-9-13 NMSA 1978.
For lease of gas and oil lands,
see
19-10-1 NMSA 1978 et seq.
For cancellation of oil and gas lease,
see
19-10-20 NMSA 1978.
For forfeiture of lease under Geothermal Resources Act,
see
19-13-23 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 8 - Lease of Mineral Lands › Section 19-8-2 - [Inspection of lessee's books by commissioner.]

The commissioner, or his representative, shall have the right to inspect all records or books of account pertaining to the mining, extraction, transportation, reduction and returns of all ores taken from such leased lands.
History:
Laws 1912, ch. 82, § 38; Code 1915, § 5215; C.S. 1929, § 132-138; 1941 Comp., § 8-907; 1953 Comp., § 7-9-7.
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. —
Cotenant's accountability for minerals removed from property, basis of computation, 5 A.L.R.2d 1368.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 8 - Lease of Mineral Lands › Section 19-8-3 - [Lessee's preferential right to renew or purchase; notice to vacate when another purchases.]

Any lessee of such mineral lands, or the heirs, successors or assigns of such lessee, shall have a preferential right to a renewal lease, or to purchase during the life of such lease, provided all terms and conditions of the expiring lease shall have been fully performed. In case of purchase by another, one year's notice to vacate shall be given to the lessee.
History:
Laws 1912, ch. 82, § 39; Code 1915, § 5216; C.S. 1929, § 132-139; 1941 Comp., § 8-908; 1953 Comp., § 7-9-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For right of owner of improvements on state lands to be compensated for same by purchaser or subsequent lessee,
see
19-7-14 NMSA 1978.
"Mineral lands".
— The term "mineral lands" means lands upon which metals or minerals have been discovered in rock, in place.
State ex rel. Otto v. Field
, 1925-NMSC-019, 31 N.M. 120, 241 P. 1027.
Severance of surface rights.
— Commissioner of public lands may sell some estate in the lands independent of the minerals.
State ex rel. Otto v. Field
, 1925-NMSC-019, 31 N.M. 120, 241 P. 1027.
Quiet title action against state.
— Action to quiet title and remove cloud thereon, commenced by the holder of a contract of purchase of state lands, whereby it is sought to set aside and annul the reservation of minerals contained therein, is an action against the state.
American Trust & Sav. Bank v. Scobee
, 1924-NMSC-022, 29 N.M. 436, 224 P. 788.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 8 - Lease of Mineral Lands › Section 19-8-4 - Leases for certain minerals; rentals; royalty.

The commissioner is authorized to issue leases for the development, exploration and production of potassium, sodium, phosphorus and other minerals of similar occurrence and their salts and compounds, including chlorides, sulphates, carbonates, borates, silicates, nitrates and any and all other salts and compounds of the minerals on any lands of the state upon such terms and conditions as he may deem to be for the best interests of the state and conformable to Sections 19-8-4 through 19-8-7 NMSA 1978. The minimum first year's rental for such leases shall be one hundred dollars ($100), and in all cases there shall be reserved to the state a royalty to be established by regulation issued under the provisions of Section 19-8-7 NMSA 1978. The commissioner may amend any lease in existence on the effective date of this amendment to reflect any regulation in effect at the time of the amendment to the lease.
History:
Laws 1929, ch. 140, § 1; C.S. 1929, § 111-501; 1941 Comp., § 8-909; 1953 Comp., § 7-9-9; Laws 1984, ch. 13, § 1.
ANNOTATIONS
Compiler's notes.
— The reference to "effective date of this amendment" in the last sentence refers to the effective date of Laws 1984, ch. 13, § 1, which was May 17, 1984.
The 1984 amendment,
effective May 17, 1984, added the section heading, substituted "The commissioner is authorized" for "That the commissioner of public lands be and he is hereby authorized," "the minerals on any lands of the state" for "the said minerals, of any lands of the state of New Mexico" and "Sections 19-8-4 through 19-8-7 NMSA 1978" for "this act" in the first sentence, transposed "dollars" and "($100)" and substituted "to be established by regulation issued under the provisions of Section 19-8-7 NMSA 1978" for "of not less than five (5%) percent of the amount or value of minerals produced, such royalty to be computed upon the value of said minerals delivered at the nearest or most accessible railroad shipping point" in the second sentence and added the third sentence.
Royalties.
— Mineral content of state lands is to be disposed of only on lease, from which state is to derive royalties.
State ex rel. Otto v. Field
, 1925-NMSC-019, 31 N.M. 120, 241 P. 1027.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Mines and Minerals §§ 121 et seq., 142 et seq.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 8 - Lease of Mineral Lands › Section 19-8-5 - [Term of lease.]

Leases under this act [19-8-4 to 19-8-7 NMSA 1978] may be made for a term of ten years or less and as long thereafter as said minerals, or any of them, in paying quantities shall be produced from the leased lands.
History:
Laws 1929, ch. 140, § 2; C.S. 1929, § 111-502; 1941 Comp., § 8-910; 1953 Comp., § 7-9-10.
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 8 - Lease of Mineral Lands › Section 19-8-6 - [Salt lease statutes excepted.]

There is expressly excepted from the provisions of this act [19-8-4 to 19-8-7 NMSA 1978], chloride of sodium, usually called and known as common salt, and this act shall not be construed as modifying, altering, repealing or in any wise changing the existing statutes relating to the leasing of state lands for the production of chloride of sodium, or common salt.
History:
Laws 1929, ch. 140, § 3; C.S. 1929, § 111-503; 1941 Comp., § 8-911; 1953 Comp., § 7-9-11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For saline leases,
see
19-8-10, 19-8-11 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 8 - Lease of Mineral Lands › Section 19-8-7 - [Rules and regulations authorized.]

The commissioner of public lands shall prescribe and promulgate from time to time all necessary rules and regulations for carrying out the provisions hereof.
History:
Laws 1929, ch. 140, § 4; C.S. 1929, § 111-504; 1941 Comp., § 8-912; 1953 Comp., § 7-9-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For State Rules Act,
see
Chapter 14, Article 4 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 8 - Lease of Mineral Lands › Section 19-8-8 - [Suspension of production; authorization by commissioner of public lands; causes; duration.]

In all cases where production of potassium, sodium, phosphorus and other minerals of similar occurrence, and their salts and compounds has been obtained by the lessee in paying quantities upon lands covered by any valid lease heretofore or hereafter issued by the commissioner of public lands under the provisions of Sections 19-8-4 to 19-8-7 NMSA 1978, the commissioner of public lands may authorize a suspension of production on such lease during either the primary, or fixed term, or during the secondary, or indeterminable term, of such lease for such period as may be fixed by him, from time to time, where:
A. temporary conditions exist, with regard to the leased land then being mined, which would operate to prevent the mining of the maximum minable ore in keeping with safe mining practices;
B. separate parts of the lands covered by the lease are so situated with respect to other lands owned or leased by the lessee that lessee should be allowed a reasonable time to reach and mine the various parts of the lands covered by the lease in keeping with an orderly mining program and with a view to the proper development and mining of the entire area of which the various parts of the lands covered by the lease and other lands are an integral part; or
C. marketing conditions are such that the lease cannot be mined and operated except at a loss.
No suspension authorized by the terms of this act [19-8-8, 19-8-9 NMSA 1978] shall be for a period of more than five years and in no event shall any suspension of production under any lease be for a period longer than ten years from the date on which the term of the lease would have expired in the absence of suspension of production.
History:
1953 Comp., § 7-9-12.1, enacted by Laws 1959, ch. 178, § 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 8 - Lease of Mineral Lands › Section 19-8-9 - [Suspension of production; authorization by commissioner of public lands; extension of primary term of lease; secondary term of lease not determined by.]

Provided the lessee complies with all other terms and conditions of the lease, a suspension of production authorized by the commissioner of public lands shall:
A. if it occurs during the fixed or primary term of such lease, extend the term of such lease for a period of time equal to the period of such suspension; or
B. if it occurs during the indeterminable or secondary term of such lease, prevent the lease from determining in accordance with the limitation of such lease.
History:
1953 Comp., § 7-9-12.2, enacted by Laws 1959, ch. 178, § 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 8 - Lease of Mineral Lands › Section 19-8-10 - [Saline leases; royalties; record of sales; conditions.]

The commissioner may execute leases for the extraction of salt from the saline lands and lakes belonging to the state. Such leases shall provide for a royalty on all salt extracted therefrom of not less than ten percent of the actual sale price at the place of extraction. Said royalties shall be paid quarterly and accurate record shall be kept of all sales made. All leases made hereunder shall contain such conditions and shall provide for the cancellation of the lease by the commissioners for the breach thereof.
History:
Laws 1912, ch. 82, § 41; Code 1915, § 5219; Laws 1923, ch. 99, § 1; C.S. 1929, § 132-142; Laws 1939, ch. 81, § 1; 1941, ch. 16, § 1; 1941 Comp., § 8-913; 1953 Comp., § 7-9-13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For exception of statutes relating to leasing of state lands for the production of common salt from the provisions of 19-8-4 to 19-8-7 NMSA 1978,
see
19-8-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 8 - Lease of Mineral Lands › Section 19-8-11 - [Term of saline lease; extension.]

Leases under this act [19-8-10, 19-8-11 NMSA 1978] may be made for a term of ten years or less and as long thereafter as said salt in paying quantities shall be produced from the leased lands; provided that as to any saline leases existing at the effective date of this act the commissioner of public lands may in his discretion extend the term of any such leases for an additional term of five years and as long thereafter as salt is being produced in paying quantities from the leased lands.
History:
Laws 1941, ch. 16, § 2; 1941 Comp., § 8-914; 1953 Comp., § 7-9-14.
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 8 - Lease of Mineral Lands › Section 19-8-12 - [Shale, clay, natural deposit or product lease; conditions; improvement mortgages void.]

The commissioner may also execute leases for the mining, extraction or disposition of shale, clay or other natural deposits in or upon, or products of, state lands, not otherwise provided for in this chapter, upon such terms and conditions as he may deem for the best interests of the state, not repugnant to law. Any mortgage upon improvements on any such lands so leased shall be void.
History:
Laws 1912, ch. 82, § 42; Code 1915, § 5220; C.S. 1929, § 132-143; 1941 Comp., § 8-915; 1953 Comp., § 7-9-15.
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" apparently refer to ch. 102 of the 1915 Code, §§ 5178 to 5290, the presently effective sections of which are compiled herein as 19-1-1, 19-1-2, 19-1-4 to 19-1-6, 19-1-9 to 19-1-16, 19-1-21, 19-2-1, 19-5-3 to 19-5-10, 19-6-1 to 19-6-7, 19-7-1, 19-7-7, 19-7-8, 19-7-11, 19-7-13, 19-7-19 to 19-7-22, 19-7-25, 19-7-27 to 19-7-30, 19-7-34, 19-7-36, 19-7-50 to 19-7-53, 19-7-57, 19-7-58, 19-7-64 to 19-7-67, 19-8-1 to 19-8-3, 19-8-10, 19-8-12, 19-8-13, 19-9-1 to 19-9-8, 19-11-10 NMSA 1978.
Program for removal of certain firewood from state trust lands authorized.
— The commissioner is authorized under this section to implement a fee lease program for the removal of dead and down firewood from state trust lands. 1980 Op. Att'y Gen. No. 80-13.
Removal of dead and down firewood would benefit land
and would be in the best interest of the state. 1980 Op. Att'y Gen. No. 80-13.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Clay, sand or gravel as "minerals" within lease, 95 A.L.R.2d 843.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 8 - Lease of Mineral Lands › Section 19-8-13 - [Mineral lands; development.]

All lands under lease for extraction of coal or other deposits, shall be developed and operated in a workmanlike manner and with a view to development of the whole area tributary to the shafts, drifts, tunnels or other openings made, and failure of the lessee or his assigns to observe this provision shall be cause for cancellation and forfeiture of the lease thereon in the manner hereinbefore provided in this chapter.
History:
Laws 1912, ch. 82, § 43; Code 1915, § 5221; C.S. 1929, § 132-144; 1941 Comp., § 8-916; 1953 Comp., § 7-9-16.
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" apparently refer to ch. 102 of the 1915 Code, §§ 5178 to 5290, the presently effective sections of which are compiled herein as 19-1-1, 19-1-2, 19-1-4 to 19-1-6, 19-1-9 to 19-1-16, 19-1-21, 19-2-1, 19-5-3 to 19-5-10, 19-6-1 to 19-6-7, 19-7-1, 19-7-7, 19-7-8, 19-7-11, 19-7-13, 19-7-19 to 19-7-22, 19-7-25, 19-7-27 to 19-7-30, 19-7-34, 19-7-36, 19-7-50 to 19-7-53, 19-7-57, 19-7-58, 19-7-64 to 19-7-67, 19-8-1 to 19-8-3, 19-8-10, 19-8-12, 19-8-13, 19-9-1 to 19-9-8, 19-11-10 NMSA 1978.
Cross references.
— For forfeiture of lease for failure to pay rent,
see
19-7-34 NMSA 1978.
For grounds of forfeiture of grazing or agricultural lease,
see
19-7-35 NMSA 1978.
For forfeiture procedure on violation of lease or other written instrument,
see
19-7-50 NMSA 1978.
For forfeiture for defrauding the state of royalties,
see
19-8-1 NMSA 1978.
For forfeiture of coal lease on failure to comply with terms thereof,
see
19-9-13 NMSA 1978.
For cancellation of oil and gas lease,
see
19-10-20 NMSA 1978.
For forfeiture of lease under the Geothermal Resources Act,
see
19-13-23 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 8 - Lease of Mineral Lands › Section 19-8-14 - Issuance of mineral leases authorized; minerals not included.

The commissioner of public lands, hereinafter referred to as the "commissioner," is hereby authorized to execute and issue in the name of the state of New Mexico, as lessor, leases for the sole and exclusive purpose of prospecting, exploration and mining of all minerals other than common salt, oil and gas, coal, shale, clay, gravel, building stone and building materials, potassium, sodium, phosphorus and other minerals of similar occurrence, and their salts and compounds upon or from any public lands over which the commissioner has jurisdiction, direction, control, care and disposition under the constitution and laws of the state of New Mexico, such leases to be issued upon such terms and conditions as the commissioner may deem to be to the best interests of the state of New Mexico and not inconsistent with the provisions of this act [19-8-14 to 19-8-18, 19-8-21 to 19-8-33 NMSA 1978].
History:
1953 Comp., § 7-9-17, enacted by Laws 1955, ch. 53, § 1.
ANNOTATIONS
Cross references.
— For reservation of mineral lands of state from sale,
see
19-7-25 NMSA 1978.
Prospecting of state lands.
— Section 5209, 1915 Code, which authorized leasing of state lands for prospecting or development of lodes or deposits of metals or minerals, assumed that the lands to be so prospected were not known to be mineral lands.
State ex rel. Otto v. Field
, 1925-NMSC-019, 31 N.M. 120, 241 P. 1027.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Mistake as to existence, practicability of removal or amount of minerals as ground for relief from lease, 163 A.L.R. 878.
Rights of tenants for years and remaindermen inter se in royalties or rents under coal or other mineral lease, 18 A.L.R.2d 98.
Right of mineral lessee to deposit top soil, waste minerals and like upon lessor's additional land not being mined, 26 A.L.R.2d 1453.
Construction and effect of provision in mineral lease excusing payment of minimum rent or royalty, 28 A.L.R.2d 1013.
Oil and gas as "minerals" within lease, 37 A.L.R.2d 1440.
Clay, sand or gravel as "minerals" within deed, lease or license, 95 A.L.R.2d 843.
58 C.J.S. Mines and Minerals § 129.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 8 - Lease of Mineral Lands › Section 19-8-15 - Minerals, lessees, legal subdivision defined.

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