reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 6 - Trespass and Violations Relating to State and United States Lands › Section 19-6-6 - [Failure of lessee or purchaser to provide gates and runways at intersection of public highway; failure to close gate; penalty.]

Every lesee [lessee] of state lands, and every purchaser of state lands holding same under contract to purchase, who shall fence the same, shall erect and maintain gates and runways at all intersections at public highways, and failure so to do shall constitute a misdemeanor, upon conviction of which the lessee or holder of contract to purchase so convicted shall be punished by a fine of not more than twenty-five dollars [($25.00)] and in default of payment thereof, shall be imprisoned for not more than thirty days. Any person passing through such gate and failing to close the same shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by this section.
History:
Laws 1912, ch. 82, § 51; Code 1915, § 5229; Laws 1915, ch. 73, § 5; C.S. 1929, § 132-152; 1941 Comp., § 8-706; 1953 Comp., § 7-7-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For fence across public road being unlawful unless gate and cattle-guard passageway are maintained and permit secured,
see
67-7-10 NMSA 1978.
Lessees of state lands may fence same
and maintain gates at intersections of public highways. While a gate is an obstruction, yet it may be legalized by legislative enactment. 1914 Op. Att'y Gen. No. 14-1268, 1914 Op. Att'y Gen. No.14-1353, 1914 Op. Att'y Gen. No.14-1408.
Keeping open section line.
— Fact that a line across state lands is a section line does not impose any obligation on anyone to keep it open, unless there has been a road established by the county commissioners, or by general usage before any right was acquired to the land on each side of the section line; but, even in case of such establishment of road, gates could be maintained. 1915 Op. Att'y Gen. No. 15-1455.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 6 - Trespass and Violations Relating to State and United States Lands › Section 19-6-7 - [Destruction or damage to fence or gate on state lands; penalty.]

Any person who shall willfully and maliciously cut, destroy or injure any gate or fence enclosing, in whole or in part, any state lands, including lands under lease or contract of sale, upon conviction thereof shall be punished by a fine of not more than five hundred dollars [($500)] or by imprisonment for not more than five years or both.
History:
Laws 1912, ch. 82, § 52; Code 1915, § 5230; C.S. 1929, § 132-153; 1941 Comp., § 8-707; 1953 Comp., § 7-7-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For offense of criminal damage to property,
see
30-15-1 NMSA 1978.
Applicant for purchase.
— The cutting of a fence, and the removing of a gate erected on public land by person making application to state to purchase the land, was not a violation of statute. 1915 Op. Att'y Gen. No. 15-1526.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 6 - Trespass and Violations Relating to State and United States Lands › Section 19-6-8 - [Opening and failing to close gates on forest reserves and adjoining lands.]

It shall be unlawful for any person or persons to open and neglect to close, before leaving the immediate vicinity thereof, the gate or gates of any fence on, or enclosing any, lands of the different national forest reserves of this state, or to open and fail to close the gate or gates of any fence on the land of any person, firm or corporation, where the same is situate within the boundaries of, or adjoining any national forest reserve; provided, such gates are so constructed as to be easily opened and shut.
History:
Laws 1919, ch. 158, § 1; C.S. 1929, § 50-119; 1941 Comp., § 8-708; 1953 Comp., § 7-7-8.
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 6 - Trespass and Violations Relating to State and United States Lands › Section 19-6-9 - [Liability for resultant damage or trespass.]

Any person or persons failing to comply with the provisions of the preceding section [19-6-8 NMSA 1978] shall be subject and responsible for any damage or trespass caused from such neglect.
History:
Laws 1919, ch. 158, § 2; C.S. 1929, § 50-120; 1941 Comp., § 8-709; 1953 Comp., § 7-7-9.
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 6 - Trespass and Violations Relating to State and United States Lands › Section 19-6-10 - [Penalty for failing to close gates.]

Any person failing to comply with the provisions of this act [19-6-8 to 19-6-10 NMSA 1978] shall also be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than ten [($10.00)] nor more than twenty-five dollars [($25.00)].
History:
Laws 1919, ch. 158, § 3; C.S. 1929, § 50-121; 1941 Comp., § 8-710; 1953 Comp., § 7-7-10.
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 7 - Sale and Lease of Lands › Section 19-7-1 - [Application for lease or purchase; appraisement.]

Applications to lease or purchase state lands shall be made under oath, and applicants to lease shall, at their own expense, procure appraisements thereof to be made under oath by some disinterested and creditable person or persons familiar therewith. All statements contained in such appraisements, except as to the true value of the land appraised, must be based upon personal knowledge and not upon information and belief. No such appraisement shall be conclusive upon the commissioner.
History:
Laws 1912, ch. 82, § 17; Code 1915, § 5194; C.S. 1929, § 132-117; 1941 Comp., § 8-801; 1953 Comp., § 7-8-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For sale, mortgage or alienation of common lands within community land grants,
see
49-1-11 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. —
63A Am. Jur. 2d Public Lands §§ 113 to 121.
73A C.J.S. Public Lands §§ 182, 197.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-2 - Formal requirements for applications; state officers and employees prohibited from acting as, or procuring, agents or attorneys.

All applications for the purchase of state lands and all applications for leases, whether for grazing, oil and gas, mining or other purposes, shall be made with ink or with typewriter using a record ribbon, upon forms to be prescribed by the commissioner of public lands. All applications shall be signed by original applicant or his agent or attorneys authorized by written power of attorney, shall be acknowledged before an officer authorized to administer oaths and shall be accompanied by application fees for oil and gas, mining, business leases, grazing leases and other purposes, as appropriate, in amounts set by the commissioner of public lands by regulation. The fees shall be deposited in the state lands maintenance fund. No state officer or employee of the state land office shall act as agent or attorney or procure another to act as agent or attorney for any application, but this act [19-1-23, 19-7-2 to 19-7-6 NMSA 1978] shall not be construed so as to prevent the commissioner of public lands or any employee of the state land office from assisting applicants to make out their applications without pay.
History:
Laws 1921, ch. 174, § 1; C.S. 1929, § 111-301; 1941 Comp., § 8-802; Laws 1947, ch. 95, § 1; 1953 Comp., § 7-8-2; Laws 1971, ch. 95, § 1.
ANNOTATIONS
Cross references.
— For establishment of state lands maintenance fund,
see
19-1-11 NMSA 1978.
Leaseholds compensable in condemnation proceedings.
— In a condemnation suit brought by the United States against state grazing lease, for a five-year term as provided in the New Mexico Enabling Act, and issued under the statutory authority of this section with a preference right for renewal under Section 19-7-49 NMSA 1978, which for all practical purposes was an absolute right as against other applicants, the trial court stated that compensation is to be based on a valuation formula which includes both the state-owned lands leased by the defendants as well as the fee lands of the defendants as one ownership unit, that defendants who have grazing leases of state-owned tracts have compensable interests therein and are to receive, upon distribution of the proceedings, the condemnation award for the state lands they have leased and finally, that the leases of the state-owned tracts executed or renewed by the state after July 1, 1970, created in the lessee a property compensable in these proceedings.
United States v. 41,098.98 Acres of Land
, 548 F.2d 911 (10th Cir. 1977).
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-3 - [Numbering and dating applications upon receipt.]

All applications shall be stamped immediately upon their receipt by the land office with ink or with some device indicating correctly the date, hour and minute of such receipt, and such applications shall have stamped thereon a serial number in the order of their receipt.
History:
Laws 1921, ch. 174, § 2; C.S. 1929, § 111-302; 1941 Comp., § 8-803; 1953 Comp., § 7-8-3.
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 19-7-4 - [Deposit of funds; rejection of application without deposit.]

All applications mentioned in Section One (1) [19-7-2 NMSA 1978] hereof shall be accompanied by the proper fees and moneys as required by law or by the rules and regulations of the land commissioner and the amount of money deposited shall be entered in ink upon said applications; provided, however, that checks not certified shall be deposited in or sent to a bank for collection immediately upon their receipt. All applications not accompanied by the proper deposit shall be immediately stamped "rejected, no deposit," and shall not be deemed proper applications. Minor defects in the wording of said applications shall not be deemed fatal to their validity, but the same may be corrected; provided, however, that the descriptions of land therein set forth shall be substantially correct so that said lands can be identified. All applications rejected for any reason shall have written thereon in ink or with typewriter using a record ribbon the reason for such rejection and the date thereof, and shall be preserved in the files of the office open to public inspection.
History:
Laws 1921, ch. 174, § 3; C.S. 1929, § 111-303; 1941 Comp., § 8-804; 1953 Comp., § 7-8-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-5 - [Simultaneous applications.]

All published or posted rules and regulations of the land office shall prescribe and define what shall constitute simultaneous applications and shall also set forth an equitable method of determining the rights of applicants in such contingency.
History:
Laws 1921, ch. 174, § 5; C.S. 1929, § 111-305; 1941 Comp., § 8-805; 1953 Comp., § 7-8-5.
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 19-7-6 - [Offenses by officers or employees of land office; penalty.]

It shall be unlawful for any officers or employe [employee] of the state land office to act as agent or attorney for any applicant for the purchase or leasing of public lands of this state or to wilfully [willfully] withhold or conceal any such application, in order to give any applicant priority or advantage over another, or to receive any money or thing of value as a gift or compensation for aiding, or conniving or conspiring to aid, in procuring priority of application or directly or indirectly to aid or conspire to aid one applicant as against another by any fraudulent means whatever, or to receive any money or thing of value as a gift, compensation or otherwise from any person applying for the lease or purchase of public lands, and upon conviction thereof the offender shall be punished by a fine of not less than one hundred ($100) dollars nor more than one thousand ($1,000) dollars or by imprisonment in the state penitentiary for a term of not less than six months nor more than three years or by both such fine and imprisonment in the discretion of the court.
History:
Laws 1921, ch. 174, § 6; C.S. 1929, § 111-306; 1941 Comp., § 8-806; 1953 Comp., § 7-8-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For prohibition against state officers and employees of state land office acting as agent or attorney for any application, or procuring another so to act,
see
19-7-2 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
63A Am. Jur. 2d Public Lands § 129.
73A C.J.S. Public Lands § 180.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-7 - [False swearing in application or appraisement.]

Any person or persons applying to lease or purchase state lands, or acting as appraiser or appraisers thereof, who shall knowingly and willfully swear falsely as to any material matter contained in any application to lease or purchase any such lands, or in any appraisement thereof, shall be deemed guilty of perjury, and upon conviction thereof shall be punished by a fine of not more than five hundred dollars [($500)], or by imprisonment for not more than five years, or by both such fine and imprisonment.
History:
Laws 1912, ch. 82, § 18; Code 1915, § 5195; C.S. 1929, § 132-118; 1941 Comp., § 8-807; 1953 Comp., § 7-8-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For false swearing to affidavit accompanying contract of sale or deed for purchase of timberlands,
see
19-11-3 NMSA 1978.
For perjury in general,
see
30-25-1, 30-25-2 NMSA 1978.
Law reviews.
— For note, "Administration of Grazing Lands in New Mexico: A Breach of Trust," see 15 Nat. Resources J. 581 (1975).
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-9.1 - State land office; public notice; public meetings.

A. Prior to taking final agency action, the commissioner of public lands shall publish notice of and hold a public meeting to receive public comment regarding the following activities:
(1) land sales;
(2) land exchanges;
(3) right-of-way permits for electrical transmission lines in excess of two hundred thirty kilovolts situated on state trust land; and
(4) right-of-way permits for oil or gas pipelines in excess of twenty-four inches in diameter and at least ten contiguous miles in length situated on state trust land.
B. A notice of a proposed land sale, land exchange or right-of-way permit as set forth in Subsection A of this section shall be published on the state land office website and in a newspaper of general circulation published in Santa Fe and in a newspaper of general circulation published near the general geographic location of the proposed activity.
C. The notice required in this section shall contain:
(1) a description of the state trust land offered for sale or exchange or on which the right of way is to be located;
(2) a summary of the effect or potential effect of the proposed transaction or right of way on surrounding lands;
(3) the time, place and location for the public meeting on the sale, exchange or right-of-way permit; and
(4) the name of a person to contact at the state land office for additional information on the sale, exchange or right-of-way permit and the subject state trust land.
D. The public meeting required pursuant to Subsection A of this section shall be held in the same general geographic location as the proposed activity.
E. The requirement for a hearing is waived if public input has been solicited pursuant to another state process or federal law. The commissioner of public lands shall by rule establish the procedures for a hearing held pursuant to this section.
F. No provisions of this section shall alter, change, restrict or diminish the rights, powers and duties of the commissioner of public lands in the administration, management, care and control of state trust lands as provided for by the Enabling Act for New Mexico and applicable state statutes.
History:
Laws 2019, ch. 115, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 115 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-10 - [Restrictions on deferred payments.]

At any time after sale and prior to the expiration of thirty years from the date of the contract, the purchaser or his successor in interest may pay all or any part of the purchase price due on any contract for purchase of state lands, but no payment shall be accepted, other than the first payment, for less than one-thirtieth of ninety-five per centum of the purchase price, nor be effective for credit on any date other than the anniversary of the date of the contract next following the date of tender.
History:
Laws 1917, ch. 52, § 2; C.S. 1929, § 132-159; 1941 Comp., § 8-810; 1953 Comp., § 7-8-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Issuance of patent prior to completion of payment.
— No specific authority is given the commissioner of public lands to issue a patent to a portion of a tract of land sold under contract when only that part covered by the patent has been paid for and the balance due under said contract has not been paid at the time the patent is issued.
Zinn v. Hampson
, 1956-NMSC-088, 61 N.M. 407, 301 P.2d 518.
Authority of commissioner.
— Land commissioner does not have authority to accept payments of principal less interest paid and funded, nor to accept for credit full amount of principal and cause interest paid in advance to be funded, nor to accept for credit only payments of delinquent interest where the purchaser tenders the principal amount due on contract. 1947 Op. Att'y Gen. No. 47-5034.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-11 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 49, § 1, repealed 19-7-11 NMSA 1978, relating to the authorization of payment for the purchase of state lands with state or county bonds, effective March 30, 1981.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-12 - [Outstanding contracts may be canceled and new contracts granted; conditions.]

That contracts for the purchase of state lands now outstanding shall, upon application of the holders thereof and payment of a fee of four dollars [($4.00)] for each contract of one section or less, and ten cents [($.10)] for each additional section or fraction thereof, be canceled, and new contracts issued under the provisions of this act [19-7-10, 19-7-12 NMSA 1978], in lieu of such outstanding contracts. Provided, that the provisions of this act shall not be applicable to lands selected for the benefit of the Santa Fe and Grant county railroad bond fund, but such lands shall be sold as provided by Section 19-7-13 [repealed] NMSA 1978, and outstanding contracts for such lands shall not be subject to the provisions of this section.
History:
Laws 1917, ch. 52, § 4; C.S. 1929, § 132-161; 1941 Comp., § 8-812; 1953 Comp., § 7-8-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1989, ch. 179, § 2 repealed 19-7-13 NMSA 1978, effective June 16, 1989.
Constitutionality.
— There is nothing in the constitution which prevents the state from canceling contracts of purchase of state land, where the purchaser is unable to make his payments, and then leasing them to him on terms which he can meet.
Vesely v. Ranch Realty Co.
, 1934-NMSC-067, 38 N.M. 480, 35 P.2d 297.
Replacement of contract with lease.
— Commissioner of public lands may agree with purchaser to cancel contracts of purchase of state lands held by purchaser, where purchaser alleges his inability to carry such contract, and at the same time issue to such purchaser a lease for the same land at a rental lower than the amount necessary to carry contracts of purchase.
Vesely v. Ranch Realty Co.
, 1934-NMSC-067, 38 N.M. 480, 35 P.2d 297.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 179, § 2 repealed 19-7-13 NMSA 1978, as enacted by Laws 1912, ch. 82, § 58, relating to sales of lands for Santa Fe and Grant county railroad bond funds, effective June 16, 1989.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-15 - Definition of improvements.

The word "improvements" herein shall include appurtenant water rights and all improvements placed upon the land in compliance with Section 19-7-51 NMSA 1978, and shall include those appurtenant water rights and improvements placed upon the land prior to March 1, 1955, whether or not the value be in excess of the amount prescribed by Section 19-7-51 NMSA 1978. Appurtenant water rights and improvements placed upon the land after March 1, 1955 but prior to March 1, 1975 may be included by the commissioner in accordance with rules and regulations adopted by the commissioner.
History:
1953 Comp., § 7-8-19.2, enacted by Laws 1963, ch. 237, § 2; 1975, ch. 111, § 1.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-16 - Cost of appraisal.

Reasonable costs and expenses of appraising improvements on state lands and other costs of sale shall be paid by the purchaser or subsequent lessee.
History:
1953 Comp., § 7-8-19.3, enacted by Laws 1963, ch. 237, § 3.
ANNOTATIONS
Cross references.
— For appraisement of state lands themselves,
see
19-7-1 NMSA 1978.
For false swearing in purchase or lease application or appraisement,
see
19-7-7 NMSA 1978.
Law reviews.
— For note, "Administration of Grazing Lands in New Mexico: A Breach of Trust," see 15 Nat. Resources J. 581 (1975).
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-17 - Appeal.

A person in interest aggrieved by the decision of the commissioner in fixing the value of improvements or in collecting costs may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
1953 Comp., § 7-8-19.4, enacted by Laws 1963, ch. 237, § 4; 1998, ch. 55, § 27; 1999, ch. 265, § 28.
ANNOTATIONS
Cross references.
— For procedures governing administrative appeals to the district court,
see
Rule 1-074 NMRA.
For scope of review of the district court,
see
Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995).
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.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-18 - Bond required.

No contract, patent or lease shall be issued until the value of improvements shall be paid unless a good and sufficient corporate or cash bond is filed with the commissioner to insure [ensure] payment upon final determination of value.
History:
1953 Comp., § 7-8-19.5, enacted by Laws 1963, ch. 237, § 5.
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 19-7-20 - [Assignment of contracts not in default; certified copy to be filed with commissioner.]

Any purchaser of state lands under deferred payment contract, not in default as to any payment, may assign all right, title and interest under any such contract; provided, certified copy of the assignment shall be filed with the commissioner before same shall become effective.
History:
Laws 1912, ch. 82, § 61; Code 1915, § 5239; C.S. 1929, § 132-164; 1941 Comp., § 8-821; 1953 Comp., § 7-8-21.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Parties to assignment dispute.
— Commissioner of public lands was not an indispensable party in dispute between private parties concerning assignment of an interest in land purchased from the state under deferred payment contract.
Ballard v. Echols
, 1970-NMSC-066, 81 N.M. 564, 469 P.2d 713.
Partial assignments.
— The commissioner of public lands may approve assignments of a portion of a purchase contract, providing he safeguards the right of the state in the transaction. 1924 Op. Att'y Gen. No. 24-3762, 1924 Op. Att'y Gen. No. 24-3762A.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-21 - [Townsite lands; subdivision.]

Whenever any of the state lands shall be valuable or desirable for townsite purposes, the commissioner may cause or permit the same to be subdivided into suitable tracts, or surveyed into lots and blocks, with the usual reservations for streets, alleys and public purposes, and shall cause appraisement of such lands to be made and prescribe rules and regulations for the use and occupancy thereof, and may lease or sell such lots, blocks and subdivisions in accordance with law.
History:
Laws 1912, ch. 82, § 62; Code 1915, § 5240; C.S. 1929, § 132-174; 1941 Comp., § 8-822; 1953 Comp., § 7-8-22.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For appraisement of state lands,
see
19-7-1 NMSA 1978.
For false swearing in purchase or lease application or appraisement,
see
19-7-7 NMSA 1978.
Procedure for leasing or selling state lands for townsite purposes is mandatory.
1931 Op. Att'y Gen. No. 31-52.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-22 - [Cemetery or school site lands; subdivision and sale.]

Should any state lands be valuable or desirable for cemetery or school site purposes, the commissioner may subdivide and sell such lands for such purposes in accordance with law.
History:
Laws 1912, ch. 82, § 63; Code 1915, § 5241; C.S. 1929, § 132-175; 1941 Comp., § 8-823; 1953 Comp., § 7-8-23.
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 19-7-23 - [School section used for cemeteries; not to be sold.]

Where a school section of the state or any part thereof has been used for cemeteries or cemetery purposes prior to January 6, 1912, that part of said section, not exceeding one hundred and sixty (160) acres may be set aside by the commissioner of public lands and forever reserved for such cemetery purposes and no sale thereof shall be made by the commissioner of public lands.
History:
Laws 1913, ch. 30, § 1; Code 1915, § 561; C.S. 1929, § 20-102; 1941 Comp., § 8-824; 1953 Comp., § 7-8-24.
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 19-7-24 - [Management of cemeteries on school sections; sale of lots; cemetery association.]

Where a school section or any part thereof is used for cemetery purposes under the provisions of the preceding section [19-7-23 NMSA 1978], the management and control thereof is hereby given to the governing body of the city, town or village now using the same for such purpose, but said governing body shall not be authorized to sell any portion of such lands, except for cemetery lots or other purposes directly connected with cemetery purposes.
That sales of said lands for cemetery purposes shall be made by such governing body and the money received from the sale thereof shall be converted into a fund which shall be used only for the care and maintenance of said cemetery. Said cemetery may be managed and controlled by a cemetery association created or authorized by the governing body of such city, town or village.
History:
Laws 1913, ch. 30, § 2; Code 1915, § 562; C.S. 1929, § 20-103; 1941 Comp., § 8-825; 1953 Comp., § 7-8-25.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For municipal cemeteries,
see
3-40-1 to 3-40-9 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-26 - State irrigable lands; sale; conveyance to United States.

No lands belonging to the state, within the areas to be irrigated from works constructed or controlled by the United States, or its duly authorized agencies, shall hereafter be sold except in conformity with the classification of farm units by the United States, and the title to such lands shall not pass from the state until the applicant therefor shall have fully complied with the provisions of the laws of the United States and the regulations thereunder concerning the acquisition of the right to use water from such works and shall produce the evidence thereof duly issued. After the withdrawal of lands by the United States for any irrigation project, no application for the purchase of state lands within the limits of such withdrawal shall be accepted, except upon the conditions prescribed in this section. Any state lands needed by the United States for irrigation works shall be conveyed to the United States in consideration of the conveying by the United States, from its public lands or domain, lands of equal quality or value.
History:
Laws 1907, ch. 49, § 55; Code 1915, § 5713; C.S. 1929, § 151-166; Laws 1941, ch. 126, § 22; 1941 Comp., § 8-827; 1953 Comp., § 7-8-27.
ANNOTATIONS
Cross references.
— For relinquishment to United States of lands needed for irrigation works and selection of other lands in lieu thereof,
see
§§ 10, 11 of the Enabling Act. For the Enabling Act,
see
the New Mexico Territorial Laws and Treaties on
NMOneSource.com
.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
73A C.J.S. Public Lands § 181.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-27 - [Lands subject to lease.]

All lands owned by the state of New Mexico shall be subject to lease as provided by law; provided, however, that the commissioner of public lands must give first preference in all cases to any department of the state which has been authorized by the legislature to acquire lands for the purpose of erecting thereon buildings for state use.
History:
Laws 1912, ch. 82, § 12; Code 1915, § 5189; C.S. 1929, § 132-112; 1941 Comp., § 8-828; Laws 1951, ch. 108, § 1; 1953 Comp., § 7-8-28.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For right of existing grazing lessee to meet higher rental offer of new applicant for lease,
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.
For lease preference rights of municipality, county or school district,
see
19-7-56 NMSA 1978.
Meaning of "owned".
— The word "owned" applies to any lands in which the state has any right or interest, whether or not full title has been acquired.
Makemson v. Dillon
, 1918-NMSC-040, 24 N.M. 302, 171 P. 673.
Townsite procedure mandatory.
— Procedure for leasing or selling state lands for townsite purposes is mandatory. 1931 Op. Att'y Gen. No. 31-52.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
73A C.J.S. Public Lands § 197.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-30 - Grazing or agricultural leases; maximum term; method of payment.

All leases for grazing or agricultural purposes shall be for a term of not exceeding five years except as provided in this chapter. All rents are payable cash in advance or, if the lessee so elects, may be divided into five equal annual payments as follows: one-fifth in advance, the remainder to be evidenced by four equal joint and several promissory notes of even date with the lease, signed by the lessee and by two other persons satisfactory to the commissioner, due in one, two, three and four years respectively, but the commissioner may by regulation provide for waiving the promissory note requirement and may also by regulation provide for acceptance of a surety bond in lieu of promissory notes. All leases shall terminate on the thirtieth of September.
History:
Laws 1912, ch. 82, § 14; Code 1915, § 5191; C.S. 1929, § 132-114; 1941 Comp., § 8-831; 1953 Comp., § 7-8-31; Laws 1971, ch. 90, § 1.
ANNOTATIONS
Cross references.
— For bidding requirements for leases of greater than five years' duration,
see
§ 10 of the Enabling Act. For the Enabling Act,
see
the New Mexico Territorial Laws and Treaties on
NMOneSource.com
.
Renewal of lease.
— C.S. 1929, § 132-120, which gave to good-faith lessee of state lands preferred right to renew lease, applied to leases under this section.
State ex rel. McElroy v. Vesely
, 1935-NMSC-096, 40 N.M. 19, 52 P.2d 1090, explained in
Ellison v. Ellison
, 1944-NMSC-012, 48 N.M. 80, 146 P.2d 173.
Lease relinquishment and consolidation.
— Allowing relinquishment of a lessee's several existing leases on grazing or agricultural lands subject to the Enabling Act and permitting application for a new consolidated lease, with 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.
Law reviews.
— For comment, "Grazing Rights: Time for a New Outlook," see 32 Nat. Resources J. 623 (1992).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Agricultural leases, construction and effect of statutes limiting duration of, 17 A.L.R.2d 566.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-31 - [Power of commissioner to reject grazing lease application by a previous lessee when land is located within Taylor grazing allotment of another.]

At the expiration of any lease issued for grazing purposes only, the commissioner of public lands in his discretion and after investigation of facts may withhold approval of application to lease any land filed by a previous lessee, which land is located within the duly permitted individual Taylor grazing allotment of another where the land is not being used by prior lessee; provided, however, the holder of such grazing allotment has made timely and proper application to lease such land.
History:
1941 Comp., § 8-831a, enacted by Laws 1947, ch. 177, § 1; 1953 Comp., § 7-8-32.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The "Taylor grazing allotment" apparently refers to permits under the Taylor Grazing Act, 43 U.S.C. § 315 et seq.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-32 - [Open and unleased land within Taylor grazing allotment of another.]

The commissioner of public lands in his discretion and after investigation of the facts may withhold approval of application to lease any land which at any time is open and unleased for grazing purposes, whether now owned, or hereafter acquired, by the state of New Mexico, which land is located within the duly permitted individual Taylor grazing allotment of another; provided, however, that the holder of such allotment permit, after reasonable notice, shall make application therefor.
History:
1941 Comp., § 8-831b, enacted by Laws 1947, ch. 177, § 2; 1953 Comp., § 7-8-33.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The "Taylor grazing allotment" apparently refers to permits under the Taylor Grazing Act, 43 U.S.C. § 315 et seq.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-33 - [Right of relinquishment not restricted.]

Nothing herein [19-7-31 to 19-7-33 NMSA 1978] shall be construed as restricting the right of relinquishment.
History:
1941 Comp., § 8-831c, enacted by Laws 1947, ch. 177, § 3; 1953 Comp., § 7-8-34.
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 19-7-34 - [Rent lien; attachment; forfeiture.]

Rentals shall constitute a first lien on any and all improvements and crops upon the land leased, prior and superior to any other lien or encumbrance whatsoever whether created with or without notice of the lien for rental due or to become due. When any rental is due and unpaid the commissioner may forthwith attach, without attachment bond, all improvements and crops upon the land leased, or so much thereof as may be sufficient to pay such rental together with all costs necessarily incurred in the enforcement of such lien, and the enforcement of such lien shall work a forfeiture of such lease. The failure of any lessee of state land to pay the rental therefor when due or to furnish additional security for any deferred payment, when required by the commissioner, shall be sufficient cause for declaring any such lease forfeited.
History:
Laws 1912, ch. 82, § 16; Code 1915, § 5193; C.S. 1929, § 132-116; 1941 Comp., § 8-833; 1953 Comp., § 7-8-36.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For forfeiture on failure to comply with contract of purchase,
see
19-7-19 NMSA 1978.
For forfeiture of agricultural or grazing 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 for defrauding state of royalties,
see
19-8-1 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 forfeiture on failure to comply with coal lease,
see
19-9-13 NMSA 1978.
For cancellation of oil and gas lease,
see
19-10-20 NMSA 1978.
For forfeiture of timberlands purchase contract for failure to observe protective regulations,
see
19-11-4 NMSA 1978.
For forfeiture of lease under Geothermal Resources Act,
see
19-13-23 NMSA 1978.
Options on default.
— Where the lessee of a grazing lease of public lands had defaulted on payments of notes, the commissioner had the option to look to lessee and endorsers for payment, and to the security of the lien on improvements, or cancel the lease. An acceleration clause in the lease is within the power of the commissioner to insert.
Raynolds v. Hinkle
, 1933-NMSC-060, 37 N.M. 493, 24 P.2d 738.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Subrogation of lessee in respect of liens superior to his lease, 1 A.L.R.2d 286.
Tenant's right to lien, in absence of agreement therefor, for improvements made on leased premises, 25 A.L.R.2d 885.
Compensation for improvements made or placed on premises of another by mistake, 57 A.L.R.2d 263.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-35 - [Cancellation or forfeiture of agricultural or grazing leases restricted; sale of leased land.]

That no lease of state lands for agricultural or grazing purposes shall be canceled or forfeited by the commissioner of public lands, before the expiration of the full term thereof, without the written consent of the lessee, except for fraud, collusion, mutual mistake or default of the lessee, and the right to cancel or forfeit such lease without cause, based on any agreement or consent contained in such lease is hereby waived. All sales of state lands embraced within such lease shall be made subject to all the terms and provisions thereof, except the right of the lessee to a renewal at the end of the term. Provided that nothing in this act [section] shall prevent the commissioner from granting right-of-way [rights-of-way] and easements over, across or upon the land embraced in the lease for public highways, railroads, tramways, telegraph, telephone and power lines, irrigation works, mining, logging and business leases.
History:
Laws 1935, ch. 130, § 1; 1941 Comp., § 8-834; 1953 Comp., § 7-8-37.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For forfeiture of contract for failure to comply therewith,
see
19-7-19 NMSA 1978.
For forfeiture of lease for failure to pay rent,
see
19-7-34 NMSA 1978.
For forfeiture procedure on violation of lease or other written instrument,
see
19-7-50 NMSA 1978.
For forfeiture for defrauding state of royalties,
see
19-8-1 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 forfeiture on failure to comply with coal lease,
see
19-9-13 NMSA 1978.
For cancellation of oil and gas lease,
see
19-10-20 NMSA 1978.
For forfeiture of timberlands purchase contract on failure to observe protective regulations,
see
19-11-4 NMSA 1978.
For forfeiture of lease under Geothermal Resources Act,
see
19-13-23 NMSA 1978.
Consent to sale.
— Where the lessee of state lands makes application for a sale of the land under lease, his application constitutes a consent to a sale to another party in event he is outbid at the sale held pursuant to his application therefor. 1949 Op. Att'y Gen. No. 49-5186.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-38 - [Presenting assignment to commissioner; indexing; filing; public inspection.]

All such assignments shall be presented to the commissioner of public lands for his approval, and, after approval by the commissioner, shall be indexed in a book kept for that purpose and filed in a suitable place provided by the commissioner. The commissioner is authorized and directed to provide and install, as soon as possible after the passage of this act [19-7-37 to 19-7-45 NMSA 1978], a full and complete system for the indexing and filing in his office of such assignments, as is necessary for carrying out the provisions of this act, and such indexes and files shall be open for inspection by the public during business hours of the office of the commissioner of public lands, under such reasonable rules and regulations as may be prescribed by the commissioner.
History:
Laws 1933, ch. 126, § 2; 1939, ch. 48, § 2; 1941 Comp., § 8-837; 1953 Comp., § 7-8-40.
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 7 - Sale and Lease of Lands › Section 19-7-39 - [Form of assignment; contents; acknowledgment; constructive notice; recording waived.]

Such assignments shall be executed on forms to be prescribed by the commissioner of public lands, which forms shall specify the number of the lease or purchase contract assigned, the description of the land embraced in such lease or purchase contract, the date of the expiration of the lease assigned, the name of the assignee and the amount of the indebtedness which the assignment is given to secure, and may provide for further advances by the assignee up to a specific amount. Such assignments shall be acknowledged by the assignor in the manner provided by law for the acknowledgment of conveyances affecting real estate, and, when filed in the office of the commissioner of public lands and approved by him, shall be constructive notice to all persons of the contents of such assignments from the date of such approval, and it shall not be necessary to record such instruments in the county where the lands affected thereby are located. Provided, that when more than one lease or purchase contract is assigned to secure the same indebtedness, any and all such leases or purchase contracts shall be assigned by separate instrument.
History:
Laws 1933, ch. 126, § 3; 1935, ch. 47, § 1; 1937, ch. 51, § 2; 1941 Comp., § 8-838; 1953 Comp., § 7-8-41.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For recording in commissioner's office of oil and gas leases, etc.,
see
19-10-31 NMSA 1978.
For recording of instruments affecting real estate, and giving of constructive notice thereby generally,
see
14-9-1, 14-9-2 NMSA 1978.
For recording of assignment made for benefit of creditors,
see
56-9-10 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-40 - [Assignments not filed and approved; effect.]

Any such assignment not filed in the office of the commissioner of public lands and approved by him shall be void as to subsequent assignees, whether for collateral security or otherwise, and as to holders of subsequent relinquishments, without notice, as to judgment or attaching creditors, from the date of the entry of such judgment or levy of such attachment, as to trustees in bankruptcy, from the date of the adjudication in bankruptcy, as to receivers, from the date of filing of the order of appointment and as to assignees for the benefit of creditors, from the date of the recording of the assignment.
History:
Laws 1933, ch. 126, § 4; 1941 Comp., § 8-839; 1953 Comp., § 7-8-42.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Intent of legislature.
— This section shows the clear intent of the legislature that the property interest in a lease of state lands be subject to the ordinary processes and remedies of which a judgment creditor may avail himself. 1955 Op. Att'y Gen. No. 55-6337.
Priorities.
— This section establishes the respective priorities of ordinary assignees and holders of relinquishments, on the one hand, and judgment creditors, attaching creditors, trustees in bankruptcy, receivers and assignees for the benefit of creditors on the other. 1955 Op. Att'y Gen. No. 55-6337.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-42 - [Release of assignments; recording.]

Such assignments may be released by the execution by the assignee of a release in form to be prescribed by the commissioner, and any such release shall likewise be recorded in the books hereinabove prescribed.
History:
Laws 1933, ch. 126, § 7; 1941 Comp., § 8-842; 1953 Comp., § 7-8-44.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.