reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-23 - [Notice to file suit; service; publication; relinquishment on failure to obey.]

In case suits shall not be brought for the purpose of settling or determining any controversy to any such lands by either of the adverse claimants, within sixty days after the expiration of the time for filing the statement, as provided in Section 19-4-10 NMSA 1978, it shall be the duty of the probate judge or corporate authorities to give notice to the adverse claimant filing his claim, or, if there be more than one adverse claim filed, then to the last adverse claimant, directing him to commence his action against the other claimants, as defendants, to determine their respective rights to said lands, within twenty days from service of notice on him, and in case such adverse claimant neglect or refuse to commence the action within the time specified, he shall be deemed to have relinquished all right, title, interest and estate in the lands so in controversy, and be forever barred from asserting or claiming any right, title, interest or estate, therein. Such notice shall be served by the proper officer of said courts, in the same manner as now provided for service of summons in any county in this state. If the officer return such notice, not found, notice shall be made by publication for three weeks in some newspaper published in the county where the lands are situated, and if no paper be published in said county, then by posting such notice in three public places in the town where such lands are situated. And in addition thereto a copy of said notice shall be mailed to such adverse claimant at his residence or usual place of abode. And in case there be more than one adverse claimant, and the last neglect or refuse to commence his action after service of notice, as aforesaid, said probate judge or corporate authorities shall serve like notice on the next last adverse claimants, until all have been notified, as aforesaid.
History:
Laws 1882, ch. 70, § 17; C.L. 1884, § 2791; C.L. 1897, § 3995; Code 1915, § 5536; C.S. 1929, § 144-124; 1941 Comp., § 8-524; 1953 Comp., § 7-5-24.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For publication of legal notice,
see
14-11-1 to 14-11-13 NMSA 1978.
For rule on service of process by publication,
see
Rule 1-004 NMRA.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-24 - [Service of process; publication.]

Whenever complaint shall be filed in any such action, summons shall be issued against the proper parties, and served upon the person or persons named therein, as in other cases provided by law, or upon the agent or attorney of such person or persons who shall have filed their statements as required by Section 19-4-10 NMSA 1978. And in case service cannot be had upon the defendants, their agents or attorney, the complainant shall file an affidavit in the office of the clerk of the court in which the action in [is] pending, to the effect and as now provided by law. It shall be lawful for the clerk of said court to cause publication to be made as provided by law, and when such publication shall have been made, the cause shall proceed, as if the parties had been personally served with summons.
History:
Laws 1882, ch. 70, § 18; C.L. 1884, § 2792; C.L. 1897, § 3996; Code 1915, § 5537; C.S. 1929, § 144-125; 1941 Comp., § 8-525; 1953 Comp., § 7-5-25.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For publication of legal notice,
see
14-11-1 to 14-11-13 NMSA 1978.
For rule on service of process by publication,
see
Rule 1-004 NMRA.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-25 - [Appeals.]

Appeals and writs of error shall be allowed and may be taken and prosecuted from the judgments or decrees, or any order of the courts in proceedings under this chapter, to the supreme court, as in other cases.
History:
Laws 1882, ch. 70, § 19; C.L. 1884, § 2793; C.L. 1897, § 3997; Code 1915, § 5538; C.S. 1929, § 144-126; 1941 Comp., § 8-526; 1953 Comp., § 7-5-26.
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.
Cross references.
— For appealability of civil matters from district court,
see
39-3-2 NMSA 1978 and Rule 12-201 NMRA.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-26 - [Reports of expenses.]

Within ninety days from the first publication of the notice mentioned in Section 19-4-9 NMSA 1978, the corporate authorities or probate judge holding the title to the lands described in such notice, shall make a true, full and complete statement in writing, containing a true account of all moneys paid by him or them, expended in the acquisition of the title and execution of the trust to that time, including all moneys paid by him or them for the purchase of said lands, necessary traveling expenses, moneys paid for all other necessary and proper expenses incident to such trust and a true account of his or their reasonable charges for time and services employed in the business of such trust to that time, and all moneys by him or them expended, and reasonable charges for compensation, as aforesaid, which shall be and remain a first charge upon said lands in favor of the trustee, and paid by the several claimants entitled to such lands, in proportion to the several quantities thereof to which they may be respectively entitled.
History:
Laws 1882, ch. 70, § 20; C.L. 1884, § 2794; C.L. 1897, § 3998; Code 1915, § 5539; C.S. 1929, § 144-127; 1941 Comp., § 8-527; 1953 Comp., § 7-5-27.
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 19-4-27 - [Conveyances; payment of costs.]

Before said corporate authorities, through commissioners hereinafter provided in this chapter, or probate judge, shall be required to execute and deliver any deed of conveyance to any person or persons claiming to be entitled to said lands and deed, such person or persons shall pay to him or them, through said commissioners, the sum of money chargeable on the portion to be conveyed according to the statement or account mentioned in Section 19-4-26 NMSA 1978; and in case when the trust is held by corporate authorities, such additional sum as said corporate authorities may charge for the same, not exceeding five dollars [($5.00)] for each five thousand square feet of such lands, and the further sum of one dollar [($1.00)] for the execution and acknowledging of the deed, together with the sum of twenty-five cents [($.25)] for attestation, with the seal of the town, by the town clerk. When the land is entered by a probate judge of the county court, deeds shall be signed by such probate judge, or his successor in office, under his private seal or scroll, and such probate judge of the county court shall receive the sum of one dollar [($1.00)] for each and every lot, piece or parcel thereof so conveyed in addition to the several sums as prescribed in Section 19-4-26 NMSA 1978, to be paid by the person or persons claiming to be entitled to such deed or conveyance.
History:
Laws 1882, ch. 70, § 21; 1884, ch. 42, § 1; C.L. 1884, § 2795; C.L. 1897, § 3999; Code 1915, § 5540; C.S. 1929, § 144-128; 1941 Comp., § 8-528; 1953 Comp., § 7-5-28.
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.
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 19-4-28 - [Commissioner; appointment; qualifications; powers; office hours; bond.]

Said board may, by order, resolution or ordinance, appoint a commission [commissioner] to sell and convey any such real estate, and to affix to any conveyance thereof the seal of such town, and have control of such seal for such purpose, and such conveyance, executed in accordance with such order, shall have the effect to transfer, to the grantee named a title in fee simple to any such real estate so conveyed. Said commissioner may be removed at the will of the board, as often as it may seem fit, by an order entered to that effect, and a new commissioner appointed with like powers. Said commissioner shall be a freeholder in such town, and not a member of the board, and have no personal interest in the land so to be sold. Said commissioner shall, during his term of office, keep open an office in some public and well-known place in such town, from ten o'clock a.m. until noon of each day, Sundays and holidays excepted, for the purpose of receiving payments from and executing deeds to persons who are entitled to deeds by reason of purchase, and who have made improvements upon such land, as hereinafter stated in this chapter. No claimant shall be allowed to suffer on account of the misconduct of such commissioner in the discharge of his duties. Such commissioner shall receive such reasonable fees for his services as said board may prescribe. Before entering upon his duties, such commissioner shall enter into a bond, with good and sufficient securities, to be approved by the board, executed in behalf of the town, with obligations to faithfully account to the board for all money received, and to pay the same over to the town treasury.
History:
Laws 1882, ch. 70, § 22; C.L. 1884, § 2796; C.L. 1897, § 4000; Code 1915, § 5541; C.S. 1929, § 144-129; 1941 Comp., § 8-529; 1953 Comp., § 7-5-29.
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.
Cross references.
— For provisions relating to bonds for public officers,
see
10-2-1 NMSA 1978 et seq.
For Surety Bond Act,
see
10-2-13 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-29 - [Recording of order appointing commissioner.]

The clerk or recorder of any such town shall at once make a copy of any such order, resolution or ordinance appointing any such commissioner, certified by such clerk or recorder, under the seal of the town, and deliver the same without delay to the county clerk of any county in which such town shall be situated. Such county clerk shall file and record such copy and the certificate thereof of such order, resolution or ordinance, and shall receive fees therefor at the same rate as for deeds. The record of such copy and certificate shall have the same effect in evidence as is provided for the record of powers of attorneys.
History:
Laws 1882, ch. 70, § 24; C.L. 1884, § 2798; C.L. 1897, § 4002; Code 1915, § 5542; C.S. 1929, § 144-130; 1941 Comp., § 8-530; 1953 Comp., § 7-5-30.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For recording fees,
see
14-8-13 NMSA 1978.
For execution of power of attorney and effect thereof,
see
47-1-7 to 47-1-11 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-30 - [Conveyance by probate judge; land for town benefit.]

When the land is entered by the probate judge of the county, deeds shall be signed by such judge or his successor in office, under his private seal or scroll. Such judge shall make such conveyance by deed to such town, at private sale, upon the payment by said town of the cost of the proceedings and sale to such land as is used for the benefit of such town only.
History:
Laws 1882, ch. 70, § 23; C.L. 1884, § 2797; C.L. 1897, § 4001; Code 1915, § 5543; C.S. 1929, § 144-131; 1941 Comp., § 8-531; 1953 Comp., § 7-5-31.
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 19-4-31 - [Conveyances; time for execution.]

At any time after the expiration of ninety days from the time of first publication of the notice mentioned in Section 19-4-9 NMSA 1978, the corporate authorities or probate judge shall, upon demand or request and payment as required by Section 19-4-26 NMSA 1978, execute and deliver to each and every claimant, or association, or company of claimants to such lands or any parcel thereof, a deed of conveyance therefor, according to the statement made and deposited by him or them, pursuant to Section 19-4-10 NMSA 1978: provided, however, that no such deed of conveyance shall be executed or delivered for any part, portion or share of such lands, to which there shall be adverse contesting claimants, until the controversy thereon has been settled and determined in the manner described in this chapter.
History:
Laws 1882, ch. 70, § 25; C.L. 1884, § 2799; C.L. 1897, § 4003; Code 1915, § 5544; C.S. 1929, § 144-132; 1941 Comp., § 8-532; 1953 Comp., § 7-5-32.
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 19-4-32 - [Probate judge; claim for lands in individual right.]

In case any judge who shall have entered such land and thus have become the sole trustee thereof, shall be possessed or entitled to any part or portion of such lands in his individual right, and his claim or right shall not be claimed adversely to him, he shall be deemed to be seized and possessed of the title thereto and the estate therein to his own use, in fee simple absolute, free and discharged of such trust; and no conveyance, other than the receipt of the officers of the United States land office or patent to the lands including the same, shall be necessary to perfect his title thereto. But in case individual right shall be claimed by any person adversely to him, the conflicting claims between them shall be settled and determined by an action, as provided in this chapter and tried before some judge who shall be disinterested and possessed of complete jurisdiction for the trial therefor.
History:
Laws 1882, ch. 70, § 26; C.L. 1884, § 2800; C.L. 1897, § 4004; Code 1915, § 5545; C.S. 1929, § 144-133; 1941 Comp., § 8-533; 1953 Comp., § 7-5-33.
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.
Cross references.
— For duty of judge to transfer suit claiming townsite land in which he has an interest,
see
19-4-21 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-33 - [Streets, alleys, parks and public grounds.]

Whenever the title to any such lands shall be vested in any probate judge, he shall convey to the proper or legal authorities so much of the land as is or shall be laid out by the town authorities into streets, lanes, avenues, parks, public grounds and commons, within the time prescribed in this chapter for making conveyance to individuals. But when the title to such lands shall be held by the corporate authorities of any town, all land used, laid out or designated for public use by such corporate authorities, as streets, lanes, avenues, alleys, parks, commons and public grounds, shall vest in and be held by the corporation absolutely, and shall not be claimed adversely by any person or persons whosoever [whomsoever], and it shall not be necessary to execute any conveyance for the same to the corporation or people of such town.
History:
Laws 1882, ch. 70, § 27; C.L. 1884, § 2801; C.L. 1897, § 4005; Code 1915, § 5546; C.S. 1929, § 144-134; 1941 Comp., § 8-534; 1953 Comp., § 7-5-34.
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 19-4-34 - [Claimant failing to pay costs and fees.]

Each and every person, association and company of persons, who shall be entitled to any lots, pieces or parcels of land so held in trust by the authorities of any incorporated town, and respecting which there shall be no controversy, shall, within three months after the expiration of the time for filing statements, as provided in Section 19-4-10 NMSA 1978, pay to such corporate authorities the sum of money chargeable upon such piece or parcel of land, and the fees for executing a deed therefor. And in case of failure so to do, such person or persons shall be deemed to have relinquished all right, title, interest or estate thereto, and such corporate authorities shall thereafter be, and deemed to be, seized of the title thereto in fee simple, absolute, free and discharged of such trust, and no conveyance, other than the receipt of the United States land office or patent of the lands including the same shall be necessary to perfect their title thereto, and also all persons, company or association of persons, who, by the determination and judgment of the court, shall be adjudged to have the rightful title to such lands, shall within three months of such adjudication and judgment, pay to such corporate authorities the sum of money chargeable to such lands, together with the fees for executing a deed to the same; and in case of failure so to do, such person, company or association, shall be deemed to have relinquished all right, title, interest or estate, in said lands, and such corporate authorities shall be, and deemed to be, seized and possessed of the title thereto to their own use in fee simple, absolute and no further conveyance shall be necessary to perfect their absolute title thereto.
History:
Laws 1882, ch. 70, § 28; C.L. 1884, § 2803; C.L. 1897, § 4006; Code 1915, § 5547; C.S. 1929, § 144-135; 1941 Comp., § 8-535; 1953 Comp., § 7-5-35.
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 19-4-35 - [Trustees; organization; officers; quorum.]

It shall be the duty of the board of trustees, who are elected as provided for in Section 19-4-11 NMSA 1978, on receipt of notice of their election, duly signed and certified to by the chairman and secretary of the meeting of the legal voters of such town, to at once organize, by the election of a president and secretary who shall be members of said board of trustees, and who shall attest by their signatures all acts and orders of said board: provided, that before organizing, such members shall qualify in the same manner as justices of the peace [magistrates] under the laws of this state, and a majority of said board shall constitute a quorum for the transaction of business.
History:
Laws 1882, ch. 70, § 29; C.L. 1884, § 2803; C.L. 1897, § 4007; Code 1915, § 5548; C.S. 1929, § 144-136; 1941 Comp., § 8-536; 1953 Comp., § 7-5-36.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The office of justice of the peace has been abolished by 35-1-38 NMSA 1978, and all jurisdiction, powers and duties thereof transferred to the magistrate courts. Section 35-1-38 NMSA 1978 further provided that reference in the law to justices of the peace shall be construed to mean the magistrate courts.
Cross references.
— For qualification of magistrates,
see
35-2-1 to 35-2-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-36 - [Probate judges declared county judges for purpose of trust.]

The probate judges of the several counties in this state and their successors in office, are hereby declared to be county judges, for the purpose of executing the trust mentioned in the aforesaid act of congress.
History:
Laws 1882, ch. 70, § 30; C.L. 1884, § 2804; C.L. 1897, § 4008; Code 1915, § 5549; C.S. 1929, § 144-137; 1941 Comp., § 8-537; 1953 Comp., § 7-5-37.
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 May 23, 1844 (5 Stat. 657); it is not compiled in the United States Code.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-37 - [Taxation of costs.]

All costs of proceedings in actions under this chapter, including fees for services of all writs and notices and clerk's fees, shall be as provided by law for service of writs in other actions, and shall be taxed and collected as now provided by law in other cases.
History:
Laws 1882, ch. 70, § 31; C.L. 1884, § 2805; C.L. 1897, § 4009; Code 1915, § 5550; C.S. 1929, § 144-138; 1941 Comp., § 8-538; 1953 Comp., § 7-5-38.
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 19-4-38 - [Unsold lots; petition; appraisers.]

Whenever it shall be made to appear to the judge of the district court of the county wherein the lands embraced within the limits of any townsite are situate, the title to which was and is vested in the probate judge of such county, by a verified petition that any lots, blocks, parts or parcels thereof have not been sold, disposed of and conveyed in the manner prescribed by law, that such lots, blocks, parts or parcels or any of them can be sold, that no board of trustees of such townsite was ever elected in the manner prescribed by law, or, if at any time a board was elected, that such board of trustees was not elected or actually acted as such board for more than two years next preceding the date of the verification of the petition, and that the petitioner or petitioners will deposit in court such sum of money as the court may order to cover all costs of procedure hereinafter mentioned in this chapter in case the lands are not sold, then the judge of such district court shall appoint, by order and decree, a board of appraisers to consist of three residents of the county wherein such townsite is situated, who shall have no interest in such unsold, undisposed of and unconveyed lots, blocks, parts and parcels of land. 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 district court before commencing his duties as such appraiser within ten days after his appointment. In case such appraisers or any of them should fail or neglect to file his or their oath or oaths with the said clerk within the time above limited, then the judge of such district court shall appoint another or other appraisers in place of the appraiser or appraisers so failing to file his or their oath or oaths.
History:
Laws 1907, ch. 43, § 1; Code 1915, § 5551; C.S. 1929, § 144-139; 1941 Comp., § 8-539; 1953 Comp., § 7-5-39.
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 19-4-39 - [Appraisement; report; compensation.]

Such appraisers shall within twenty days from the time of filing their oaths appraise all lots, blocks, parts or parcels of land mentioned and described in the petition, order and decree of said court at their just and full cash value and when their appraisement has been completed, forthwith file in the office of the clerk of such district court a report of their actions and doings and appraisements verified by their respective oaths. In case of the members of said board not agreeing in their appraisement, the valuation and appraisement of the majority of said members of the board shall control and fix the valuation and appraisement of the respective lots, blocks, parts and parcels of land appraised. Each of such appraisers shall receive three dollars [($3.00)] a day for his services, but in no case shall more than five days be charged for making such valuation and appraisement.
History:
Laws 1907, ch. 43, § 2; Code 1915, § 5552; C.S. 1929, § 144-140; 1941 Comp., § 8-540; 1953 Comp., § 7-5-40.
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 19-4-40 - [Preference right of possessor to purchase.]

In all cases where such unsold, undisposed of and unconveyed lots, blocks, parts or parcels of land are in the possession of any person, persons, company, companies, corporation or corporations, such person, persons, company, companies, corporation or corporations shall have the right to purchase the lands at private sale for the appraised value thereof and the probate judge must make and execute to such person, persons, company, companies, corporation or corporations, a proper deed therefor upon the payment to him of the purchase price.
History:
Laws 1907, ch. 43, § 3; Code 1915, § 5553; C.S. 1929, § 144-141; 1941 Comp., § 8-541; 1953 Comp., § 7-5-41.
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 19-4-41 - [Commissioner; sale; notice by publication; deeds; fees.]

The judge of said district court in all cases other than those mentioned in the preceding section [19-4-40 NMSA 1978] shall appoint a commissioner who shall be a resident of the county in which such townsite is situate to make sale of the lots, blocks, parts or parcels of such townsite not covered by the provisions of the preceding section, either at public or private sale. In case of public sale such commissioner shall give notice thereof by publication for four consecutive weeks in a newspaper published at the county seat of the county where such townsite is situate, and by posting three notices at public places within the limits of such townsite. In no case shall any of the lots, blocks, parts or parcels of land be sold for less than their appraised value. Whenever the lands for sale in the hands of the commissioner can be disposed of for more than or at their appraised value the same shall be sold by him within ninety days from the day of his appointment. Upon the payment to such commissioner of the purchase price of any lot or lots, block or blocks, parts or parcels of land such commissioner shall give a receipt to the purchaser or purchasers for the purchase price, containing a description of the lands sold to such purchaser or purchasers; and upon the presentation of such receipt to the probate judge of the county where the land so sold is situate and in whom the title thereto is vested, such probate judge shall forthwith make, deliver and execute a sufficient deed to the purchaser or purchasers for the lands described in such receipt. Such commissioner shall receive for his fees and in full payment for his services five per centum of the purchase price on all lands sold by him. The probate judge shall receive for executing a deed under the provisions of this chapter the sum of two and fifty one-hundredths dollars ($2.50). The receipt of the commissioner shall be filed in the office of the county clerk and recorded, for which filing and record the county clerk shall charge the sum of one dollar ($1.00). The judge of the probate court shall receive five per centum on all moneys received by him under the provisions of Section 19-4-40 NMSA 1978. Such commissioner shall give a bond for the faithful performance of his duties in such sum as the district court may designate.
History:
Laws 1907, ch. 43, § 4; Code 1915, § 5554; C.S. 1929, § 144-142; 1941 Comp., § 8-542; 1953 Comp., § 7-5-42.
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.
Cross references.
— For publication of legal notice,
see
14-11-1 to 14-11-13 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 4 - Townsites › Section 19-4-42 - [Disposition of proceeds.]

All expenses of sale shall first be deducted from the proceeds and the surplus, if any, shall be paid over by the said probate judge and the commissioner to the county treasurer for the benefit and to the use of the school district where such townsite is situated.
History:
Laws 1907, ch. 43, § 5; Code 1915, § 5555; C.S. 1929, § 144-143; 1941 Comp., § 8-543; 1953 Comp., § 7-5-43.
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 5 - Classification, Care and Protection of State Lands › Section 19-5-2 - [Maps, plats and tract books for recording data.]

For the purpose of carrying into effect the provisions of this act [19-5-1, 19-5-2 NMSA 1978], the commissioner of public lands is authorized to install in his office such a system of maps, plats and tract books as shall be necessary and convenient for properly recording, in readily accessible form, such data as he may obtain, pertaining to the character of the state's lands.
History:
Laws 1919, ch. 78, § 3; C.S. 1929, § 111-203; 1941 Comp., § 8-602; 1953 Comp., § 7-6-2.
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 5 - Classification, Care and Protection of State Lands › Section 19-5-3 - [Fire protection; expenses.]

The commissioner is given authority to exercise the police power of the state in preventing and extinguishing fires upon any state lands, including lands under lease or contract of sale, and for such purposes he may enter upon private lands and may employ such assistants as may be necessary. He may allow such assistants while in actual discharge of their duties, per diem, in lieu of subsistence, at a rate not exceeding two and one-half dollars [($2.50)] and actual necessary transportation expenses, which shall be paid out of the state lands maintenance fund.
History:
Laws 1912, ch. 82, § 66; Code 1915, § 5244; C.S. 1929, § 132-178; 1941 Comp., § 8-603; 1953 Comp., § 7-6-3.
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.
For prevention of fire on timberlands,
see
68-1-1 to 68-1-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 5 - Classification, Care and Protection of State Lands › Section 19-5-4 - State engineer to investigate water supply.

The state engineer is authorized to investigate the water supply available for state lands, by drilling or digging wells or otherwise as he may deem best, in order to determine the location of permanent water reservoirs for irrigation purposes, and to employ the necessary assistance or to let contracts therefor. The sums heretofore appropriated for such purposes out of the water reservoirs for irrigation purposes income fund shall be paid out on warrants of the secretary of finance and administration, supported by vouchers signed by the state engineer.
History:
Laws 1913, ch. 85, § 1; Code 1915, § 5262; C.S. 1929, § 132-203; 1941 Comp., § 8-604; 1953 Comp., § 7-6-4; Laws 1977, ch. 247, § 88.
ANNOTATIONS
Compiler's notes.
— Laws 1977, ch. 254, § 92, compiled as 72-2-1 NMSA 1978 made the director of the water resources division of the natural resources department the state engineer.
Nature of funds.
— Funds provided for by this section to Section 19-5-8 NMSA 1978 are not a mortgage or other encumbrance within Section 10 of the Enabling Act. 1931 Op. Att'y Gen. No. 31-335.
Sale of well.
— On sale or disposition of well drilled by state engineer on state lands, the purchaser should refund and pay its value to state treasurer to be credited to water reservoir for irrigation purposes income fund. 1931 Op. Att'y Gen. No. 31-335.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
78 Am. Jur. 2d Waters § 179.
Discrimination between property within and that outside municipality or other governmental district as to public service or utility rates, 4 A.L.R.2d 595.
Water well drilling contracts, 90 A.L.R.2d 1346.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 5 - Classification, Care and Protection of State Lands › Section 19-5-5 - [Wells to be equity of state.]

All such wells, so sunk or dug by the state engineer for said purpose, shall be declared an equity of the state besides the land on which such well is situated.
History:
Laws 1913, ch. 85, § 2; Code 1915, § 5263; C.S. 1929, § 132-204; 1941 Comp., § 8-605; 1953 Comp., § 7-6-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1977, ch. 254, § 92, compiled as 72-2-1 NMSA 1978 made the director of the water resources division of the natural resources department the state engineer.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 5 - Classification, Care and Protection of State Lands › Section 19-5-6 - [Purchaser of land to pay value of well.]

When the land, on which any such well is located or situated, is sold or disposed of to any person, corporation, partnership or society of persons, he or they shall refund and pay to the state treasurer for the state, to be credited to the water reservoirs for irrigation purposes income fund, the value of such well, said value to be based on the amount of money expended in the construction thereof by the state engineer as provided in the two preceding sections [19-5-4, 19-5-5 NMSA 1978]. This shall apply to wells on each particular forty acres of land, and shall be paid to the state in addition to the price of the land sold.
History:
Laws 1913, ch. 85, § 3; Code 1915, § 5264; C.S. 1929, § 132-205; 1941 Comp., § 8-606; 1953 Comp., § 7-6-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Payment for well.
— Upon sale or disposition of land, purchaser should refund and pay to the state treasurer the value of the well upon such property, as provided by this section. 1931, Op. Att'y Gen. No. 31-335.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 5 - Classification, Care and Protection of State Lands › Section 19-5-7 - [Irrigation systems; contracts for construction.]

The commissioner may contract with persons, associations of persons or corporations to construct irrigation systems for the purpose of irrigating and reclaiming state lands, and for the sale of such lands or any portion thereof, upon such terms and conditions as he may deem for the best interests of the state, not inconsistent with the provisions of law.
History:
Laws 1912, ch. 82, § 44; Code 1915, § 5222; C.S. 1929, § 132-145; 1941 Comp., § 8-607; 1953 Comp., § 7-6-7.
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 5 - Classification, Care and Protection of State Lands › Section 19-5-8 - [Proposal to construct irrigation system.]

Any person, association of persons or corporation desiring to construct any such irrigation system, shall file with the commissioner a proposal in all respects in accordance with law governing irrigation projects and regulations by the commissioner not inconsistent therewith.
History:
Laws 1912, ch. 82, § 45; Code 1915, § 5223; C.S. 1929, § 132-146; 1941 Comp., § 8-608; 1953 Comp., § 7-6-8.
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 5 - Classification, Care and Protection of State Lands › Section 19-5-9 - [Water developed by lessee; credit.]

The commissioner may contract with lessees of state lands to develop water thereon, and in consideration of any such improvement the lessee shall be credited with not to exceed one-third of the rental value of the land leased during the term of the lease.
History:
Laws 1912, ch. 82, § 46; Code 1915, § 5224; C.S. 1929, § 132-147; 1941 Comp., § 8-609; 1953 Comp., § 7-6-9.
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 5 - Classification, Care and Protection of State Lands › Section 19-5-10 - [Water appropriation application.]

Before any contract as provided in Sections 19-5-7 to 19-5-9 NMSA 1978, shall issue, the applicant shall file with the commissioner a certificate of the state engineer showing a compliance with the laws, and regulations for the appropriation of water, and that applicant has the right to appropriate water for such purposes: provided, that no such contract shall operate to prevent the cancellation, according to law, of any permit to appropriate waters of the state.
History:
Laws 1912, ch. 82, § 47; Code 1915, § 5225; C.S. 1929, § 132-148; 1941 Comp., § 8-610; 1953 Comp., § 7-6-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1977, ch. 254, § 92, compiled as 72-2-1 NMSA 1978 made the director of the water resources division of the natural resources department the state engineer.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 6 - Trespass and Violations Relating to State and United States Lands › Section 19-6-1 - [Fires on state lands; lighting or leaving; penalty.]

Any person who shall willfully and maliciously set on fire, or cause to be set on fire, any timber, underbrush or grass upon state lands, or shall leave or suffer fire to burn unattended near any timber or other inflammable material, shall be deemed guilty of a felony, and upon conviction thereof shall be imprisoned for not more than two years, or fined in a sum not more than one thousand dollars [($1,000)], or both.
History:
Laws 1912, ch. 82, § 67; Code 1915, § 5245; C.S. 1929, § 132-179; 1941 Comp., § 8-701; 1953 Comp., § 7-7-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For fire offenses generally, including arson,
see
30-17-1 to 30-17-6 NMSA 1978.
Law reviews.
— For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
35 Am. Jur. 2d Fires §§ 5, 6; 63A Am. Jur. 2d Public Lands § 129.
Liability for spread of fire intentionally set for legitimate purpose, 25 A.L.R.5th 391.
73A C.J.S. Public Lands §§ 7 to 12.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 6 - Trespass and Violations Relating to State and United States Lands › Section 19-6-2 - [Duty to extinguish fires; penalty for failure.]

Any person who shall build a fire in or near any forest, timber or other inflammable material upon state lands shall, before leaving said fire, totally extinguish the same. Any person failing to do so shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not more than one thousand dollars [($1,000)], or be imprisoned for a term of not more than one year, or both.
History:
Laws 1912, ch. 82, § 68; Code 1915, § 5246; C.S. 1929, § 132-180; 1941 Comp., § 8-702; 1953 Comp., § 7-7-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For offense of improper handling of fire,
see
30-17-1 NMSA 1978.
For negligent arson,
see
30-17-5 NMSA 1978.
Law reviews.
— For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 6 - Trespass and Violations Relating to State and United States Lands › Section 19-6-3 - [Trespass or waste; penalty.]

Any person, association of persons or corporation, in any manner entering upon, occupying or using for any purpose whatsoever any land belonging to the state, without having leased or purchased the same, or obtained a legal right to the use or occupation of the same, or any lessee of lands who shall not vacate same within thirty days after expiration or cancellation of his lease, or any person, association of persons or corporation constructing a ditch, reservoir, railroad, tramway, public or private road, telegraph, telephone or power line upon state lands, without legal authority, or any person, association of persons or corporation, whether lessee or not, committing waste upon any state lands or any lessee who shall use the lands leased for any purpose other than that specified in the lease, or purposes incident thereto, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars [($500)], and in default of payment thereof by imprisonment not to exceed six months. Each day's violation of any of the provisions of this section shall constitute a separate offense.
History:
Laws 1912, ch. 82, § 48; Code 1915, § 5226; C.S. 1929, § 132-149; 1941 Comp., § 8-703; 1953 Comp., § 7-7-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For offense of criminal trespass,
see
30-14-1 NMSA 1978.
For offense of wrongful use of public property,
see
30-14-4 NMSA 1978.
For exemptions of state and federal government from property posting requirements,
see
30-14-6 NMSA 1978.
For imprisonment for failure to pay fine,
see
33-3-11 NMSA 1978.
For use of injunction to prevent trespass on community land grants,
see
49-1-16 NMSA 1978.
Remedies.
— This section furnishes no remedy to a lessee and is not exclusive of the right to injunction for intentional trespasses upon leased lands.
Makemson v. Dillon
, 1918-NMSC-040, 24 N.M. 302, 171 P. 673.
Grazing on state lands.
— To constitute an offense under this section, it is not necessary that the stock be driven upon the state lands, if they are permitted to graze thereon. 1922 Op. Att'y Gen. No. 22-3498.
No hunting charge by lessee.
— The lessee of state lands for grazing purposes may post it against hunting, but cannot charge for hunting privilege. 1934 Op. Att'y Gen. No. 34-818.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
63A Am. Jur. 2d Public Lands § 128.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 6 - Trespass and Violations Relating to State and United States Lands › Section 19-6-4 - [Depredations; penalty.]

Any person who shall cut down, remove, destroy or injure, or who shall take, remove or carry away, any timber, trees or firewood standing, growing or lying upon any state lands, or who shall extract or remove, or attempt to extract or remove, from any state lands, any stone, minerals, oil, gas, salt or other natural products or deposit, or any lessee who shall permit the same to be done, without authority from the commissioner, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in the preceding section [19-6-3 NMSA 1978], and in addition thereto shall forfeit and pay to the state an amount double the value of material so cut, removed, destroyed, injured or extracted.
History:
Laws 1912, ch. 82, § 49; Code 1915, § 5227; C.S. 1929, § 132-150; 1941 Comp., § 8-704; 1953 Comp., § 7-7-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For offense of wrongful use of public property,
see
30-14-4 NMSA 1978.
For criminal damage to property generally,
see
30-15-1 to 30-15-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 6 - Trespass and Violations Relating to State and United States Lands › Section 19-6-5 - [Lessee to protect land against waste or trespass.]

Every lessee of state lands shall protect the land leased by him from waste or trespass by unauthorized persons, and failure so to do shall subject his lease to forfeiture and cancellation in the manner hereinbefore prescribed in this chapter, and the attorney general may bring suit for damages caused by any such waste or trespass.
History:
Laws 1912, ch. 82, § 50; Code 1915, § 5228; C.S. 1929, § 132-151; 1941 Comp., § 8-705; 1953 Comp., § 7-7-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "in this chapter" were inserted by the 1915 Code compilers. The words "this chapter" evidently refers to chapter 102 of the 1915 Code, §§ 5178 to 5290, compiled herein as 19-1-1 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, 19-7-51, 19-7-52, 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 and 19-11-10 NMSA 1978.
Cross references.
— For procedure for forfeiture and cancellation of lease of state lands for violation of provisions thereof,
see
19-7-50 NMSA 1978.
Law obligates lessee of state land to protect it
from trespass and waste by unauthorized persons.
Burguete v. Del Curto
, 1945-NMSC-025, 49 N.M. 292, 163 P.2d 257.
Land commissioner's consent necessary for lessee to sublet state lands
or permit others to use same.
Burguete v. Del Curto
, 1945-NMSC-025, 49 N.M. 292, 163 P.2d 257.
Standing to sue.
— A plaintiff who had become a joint owner of a state land lease without commissioner's knowledge or consent could not litigate the question of whether the defendant as actual lessee held lease under trust relationship entitling plaintiff to an equal undivided interest therein.
Burguete v. Del Curto
, 1945-NMSC-025, 49 N.M. 292, 163 P.2d 257.
Parties in trespass complaint.
— Cross-complaint of lessee of state land for trespass did not require the presence of the land commissioner as an indispensable party where no issues relating to public policy or the enforcement of a state lease were involved.
Sproles v. McDonald
, 1962-NMSC-071, 70 N.M. 168, 372 P.2d 122.
Law reviews.
— For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).