reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 10 - Deeds of Trust › Section 48-10-2 - Repealed.

History:
Laws 1987, ch. 61, § 2; 1993, ch. 145, § 1; repealed by Laws 2006, ch. 32, § 8.
ANNOTATIONS
Repeals.
— Laws 2006, ch. 32, § 8, repealed 48-10-2 NMSA 1978, as enacted by Laws 1987, ch. 61, § 2, relating to the purpose of the Deed of Trust Act, effective May 17, 2006. For provisions of former section,
see
the 2005 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 10 - Deeds of Trust › Section 48-10-4 - Repealed.

History:
Laws 1987, ch. 61, § 4; 1993, ch. 145, § 3; repealed by Laws 2006, ch. 32, § 8.
ANNOTATIONS
Repeals.
— Laws 2006, ch. 32, § 8, repealed 48-10-4 NMSA 1978, as enacted by Laws 1987, ch. 61, § 4, relating to express consent required, effective May 17, 2006. For provisions of former section,
see
the 2005 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 10 - Deeds of Trust › Section 48-10-5 - Description of trust real estate; mailing address of trustor, beneficiary and trustee.

A. In deeds of trust the legal description of trust real estate shall be given by one of the following methods:
(1) by the use of lot, block, tract or parcel as provided in a recorded subdivision plat;
(2) by the use of a metes and bounds or course and distance survey;
(3) by the use of the governmental rectangular survey system with specific identification of the location within any section or sections, tract or tracts, of a township and range; or
(4) by the use of any other method of description provided by law.
B. If the trust real estate is the subject of a recorded subdivision plat, the legal description of the trust real estate shall be given by the use of lot, block, tract or parcel as shown on the recorded subdivision plat.
C. The mailing address of each trustor, beneficiary and trustee shall be specified in each deed of trust.
History:
Laws 1987, ch. 61, § 5.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 10 - Deeds of Trust › Section 48-10-6 - Trustee of deed of trust; qualification.

A. Except as provided in Subsection B of this section, the trustee of a deed of trust shall be:
(1) an organization doing business under the laws of New Mexico as a bank, trust company, savings and loan association, escrow company or title insurance company including an agent or underwriter;
(2) an individual who is a member of the state bar of New Mexico;
(3) an organization which is licensed, chartered or regulated by the federal deposit insurance corporation, the comptroller of the currency, the federal savings and loan insurance corporation, the federal home loan bank, the bureau of federal credit unions or any successors; or
(4) the parent corporation of any association or corporation referred to in this subsection or any subsidiary corporation all the stock of which is owned by or held solely for the benefit of any such association or corporation referred to in this subsection.
B. No trustee of a deed of trust or parent corporation or subsidiary corporation of a corporate trustee which is a trustee of a deed of trust shall be the beneficiary of the deed of trust.
History:
Laws 1987, ch. 61, § 6.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 10 - Deeds of Trust › Section 48-10-8 - Deed of trust as security.

Deeds of trust may be executed as security for the performance of a contract. The laws of New Mexico which refer to mortgages as security instruments are deemed to also include deeds of trust unless the context otherwise requires. The lien theory of mortgages in New Mexico shall continue to apply to deeds of trust executed as provided in the Deed of Trust Act.
History:
Laws 1987, ch. 61, § 8.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 10 - Deeds of Trust › Section 48-10-9 - Grants in trust of real estate; uses.

Grants or mortgages of trust real estate may be made to secure the performance of a contract of the trustor or any other person. Unless otherwise specifically provided in the deed of trust or otherwise specifically agreed in writing by the trustor and the beneficiary at the time of acquisition, an interest in the trust real estate acquired by the trustor after the execution of the deed of trust shall run to the benefit of the trustee and beneficiary as security for the contract for which the trust real estate is granted or mortgaged as if the interest had been acquired before execution of the deed of trust.
History:
Laws 1987, ch. 61, § 9.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 10 - Deeds of Trust › Section 48-10-14 - Payment of bid; trustee's deed.

A. The purchaser at the sale, other than the beneficiary or the beneficiary's personal representatives, successors or assigns, to the extent of the credit bid of the purchaser, shall immediately pay the price bid. Upon receipt of payment of the price bid by the trustee in collected federal funds, the trustee shall execute and deliver the trustee's deed to the purchaser. The trustee's deed shall raise the presumption of compliance with the requirements of the Deed of Trust Act relating to the exercise of the power of sale and the sale of the trust real estate, including recording, mailing, publishing and posting of notice of sale and the conduct of sale, in favor of subsequent purchasers, mortgagees or encumbrancers for value and without actual notice.
B. The trustee's deed shall operate to convey to the purchaser the title, interest and claim of the trustee, the trustor, the beneficiary, their respective successors in interest and of all persons claiming the trust real estate sold by or through them, including all interest or claim in the trust real estate acquired after the recording of the deed of trust and before delivery of the trustee's deed. The conveyance shall be clear of the interests of junior encumbrancers in the trust real estate whose interests have been effectively foreclosed by the proceeding.
History:
Laws 1987, ch. 61, § 14; 2007, ch. 156, § 4.
ANNOTATIONS
The 2007 amendment
, effective April 2, 2007, eliminated the provision that the trustee's deed shall be without right of redemption.
Applicability.
— Laws 2007, ch. 156, §7 provided that Laws 2006, ch. 32, codified as Sections 48-10-3, 48-10-7, 48-10-10, 48-10-11, 48-10-13, 48-10-16, 48-10-17 NMSA 1978, applied to deeds of trust executed on or after May 17, 2006 and that the provisions of Laws 2007, ch. 156 applied to deeds of trust executed on or after the effective date of Laws 2007, ch. 156, which was April 2, 2007.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 10 - Deeds of Trust › Section 48-10-15 - Disposition of proceeds of sale.

A. The trustee shall apply the proceeds of the sale of the trust real estate by the trustee as follows:
(1) to the costs of exercising the power of sale and of sale, including the payment of the fees of the trustee and reasonable attorneys' fees actually incurred by the trustee and the beneficiary;
(2) to the payment of the contract secured by the deed of trust;
(3) to the payment of all other obligations provided in or secured by the deed of trust; and
(4) to the junior encumbrancers in order of their priority. After payment in full to all junior encumbrancers, payment shall be made to the trustor.
B. The trustee may, in the discretion of the trustee, instead of any one or more of the applications specified in Subsection A of this section elect to deposit the balance of the proceeds available for distribution to junior encumbrancers with the clerk of the district court in the county in which the sale took place. The trustee may deposit the balance of the proceeds in connection with a separate civil interpleader action. Upon deposit of the balance of the proceeds, the trustee shall be discharged from all responsibility for acts performed in good faith as provided in the Deed of Trust Act and the clerk shall hold the proceeds subject to the order of the district court upon the application, by separate civil action if necessary, of any interested party.
History:
Laws 1987, ch. 61, § 15.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 10 - Deeds of Trust › Section 48-10-18 - Method of indexing.

Every deed of trust, substitution of trustee, notice of resignation of trustee, request for notice, assignment of beneficial interest in a deed of trust, notice of sale, cancellation of notice of sale or release of deed of trust which is entitled to recordation as provided in the Deed of Trust Act shall be indexed in the real estate records of the county clerk in which only part of the trust real estate is located with the trustor indexed as mortgagor, and if the name of the beneficiary appears on the instrument being recorded, the name of the beneficiary or that of the successor of the beneficiary shall be indexed as mortgagee. If the name of the beneficiary does not appear on the instrument being recorded, the name of the trustee or the successor or the trustee shall be indexed as mortgagee.
History:
Laws 1987, ch. 61, § 18.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 10 - Deeds of Trust › Section 48-10-19 - Limitation on action or sale of trust real estate.

The sale of trust real estate by the trustee under a deed of trust shall be made or any action to foreclose a deed of trust as provided by law for the foreclosure of mortgages on real estate shall be commenced within the period prescribed by law for the commencement of an action on the contract secured by the deed of trust.
History:
Laws 1987, ch. 61, § 19.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 10 - Deeds of Trust › Section 48-10-20 - Notice from instruments recorded; assignment of a beneficial interest.

Except as otherwise provided in this section, a deed of trust, notice of resignation of trustee, assignment of a beneficial interest in a deed of trust, notice of sale, cancellation of notice of sale, trustee's deed, release of deed of trust and any instrument by which a deed of trust is subordinated or waived as to priority, if acknowledged as provided by law, shall from the time of being recorded impart notice of the content to all persons, including subsequent purchasers, mortgagees and encumbrancers for value. The recording of an assignment of the beneficial interest in a deed of trust shall not be deemed notice of the assignment to the trustor or the trustee so as to make ineffective any payment made by the trustor or received by the trustee or to preclude the application of proper credit for the payment and shall not be deemed notice to the trustor or the trustee for any other purpose. Such assigned beneficial interest is not entitled to recognition by the trustor or the trustee until actual notice of the assignment is given to the trustor or the trustee.
History:
Laws 1987, ch. 61, § 20.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 10 - Deeds of Trust › Section 48-10-21 - Liberal interpretation.

The Deed of Trust Act shall be liberally construed to carry out its purpose.
History:
Laws 1987, ch. 61, § 21.
ANNOTATIONS
Severability.
— Laws 1987, ch. 61, § 22 provided for the severability of the Deed of Trust Act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 11 - Self-Service Storage Liens › Section 48-11-1 - Short title.

This act [48-11-1 to 48-11-9 NMSA 1978] may be cited as the "Self-Service Storage Lien Act".
History:
Laws 1987, ch. 314, § 1.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 11 - Self-Service Storage Liens › Section 48-11-2 - Definitions.

As used in the Self-Service Storage Lien Act:
A. "default" means the failure to perform in a timely manner any obligation or duty set forth in the Self-Service Storage Lien Act or in the rental agreement;
B. "electronic mail" means the transmission of information or a communication by the use of a computer or other electronic means sent to a person identified by a unique electronic address;
C. "last known address" means the postal address or electronic address provided to the owner by the occupant:
(1) for the purposes of the latest rental agreement; or
(2) in a written or electronic notice of a change of postal address or electronic address after the latest rental agreement;
D. "occupant" means a person or the person's sublessee, successor or assign who is entitled to the use of storage space, to the exclusion of others, at a self-service storage facility under a rental agreement;
E. "owner" means the owner or the owner's heirs, successors or assigns, the operator, the lessor or the sublessor of a self-service storage facility or the lessor's or sublessor's agent or any other person authorized by the lessor or sublessor to manage the facility or to receive rent from an occupant under a rental agreement;
F. "rental agreement" means any written agreement or lease between the owner and the occupant that establishes or modifies the terms, conditions, rules or any other provisions concerning the use and occupancy of a self-service storage facility;
G. "self-service storage facility" means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such facility for the purpose of storing and removing personal property; and
H. "verified mail" means any method of mailing that is offered by the United States postal service or private delivery service that provides evidence of mailing.
History:
Laws 1987, ch. 314, § 2; 2015, ch. 118, § 1.
ANNOTATIONS
The 2015 amendment,
effective June 19, 2015, amended the definitions section of the Self-Service Storage Lien Act by defining "electronic mail", "last known address" and "verified mail"; added new Subsections B and C, defining "electronic mail" and "last known address", respectively, and redesignated former Subsections B, C, D and E as Subsections D, E, F and G; in Subsection D, after "person or", deleted "his" and added "the person's"; in Subsection E, after "the owner or", deleted "his" and added "the owner's", after "storage facility", deleted "his" and added "or the lessor's or sublessor's", and after "authorized by", deleted "him" and added "the lessor or sublessor"; in Subsection F, after "and the occupant", deleted "which" and added "that", and after "storage facility", deleted "and"; in Subsection G, after the second occurrence of "property", added "and"; and added Subsection H.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 11 - Self-Service Storage Liens › Section 48-11-3 - Rental agreement.

The rental agreement shall contain a notice stating that all articles stored under the terms of that agreement will be sold or otherwise disposed of under the terms and conditions of the Self-Service Storage Lien Act if the tenant is in default. The agreement shall contain a disclosure provision stating the name and address of any lienholder with an interest in the property that is or will be stored in the self-service storage facility. The agreement shall also contain the address of the tenant.
History:
Laws 1987, ch. 314, § 3.
ANNOTATIONS
Compiler' notes.
— Laws 1987, ch. 314, § 10 provided that all rental agreements entered into before July 1, 1987 and not extended or renewed after that date shall remain valid and may be enforced or terminated in accordance with their terms as is permitted by law.
Written lease agreement required.
— In accordance with Section 48-11-2 NMSA 1978, rental agreements under this act are written agreements, such that an oral contract for rent in a storage facility did not give rise to either a landlord lien or a self-service storage lien on the plaintiff's goods.
Bird v. Lankford
, 1993-NMCA-128, 116 N.M. 408, 862 P.2d 1267.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 11 - Self-Service Storage Liens › Section 48-11-4 - Self-service storage facility; exclusion.

A self-service storage facility is not a warehouse as that term is used in Sections 55-7-209 and 55-7-210 NMSA 1978; nor shall a self-service storage facility be used for residential purposes.
History:
Laws 1987, ch. 314, § 4.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 11 - Self-Service Storage Liens › Section 48-11-5 - Lien established.

When an owner has a lien, it is on all personal property located at the self-service storage facility for rent, labor or other charges in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to the provisions of the Self-Service Storage Lien Act. The lien attaches as of the date the occupant goes into default and continues as long as the owner retains possession of the personal property and until the default is corrected, or a sale is conducted, or the property is otherwise disposed of to satisfy the lien.
History:
Laws 1987, ch. 314, § 5.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 11 - Self-Service Storage Liens › Section 48-11-6 - Perfected security interests; payment; possession.

Any person who has a perfected security interest under Chapter 55, Article 9 NMSA 1978 may claim any personal property subject to the security interest and subject to a lien arising under the Self-Service Storage Lien Act by paying the total amount due for the storage of the property as specified in the notice to the owner on behalf of the occupant as provided in Section 7 [48-11-7 NMSA 1978] of the Self-Service Storage Lien Act. Upon payment of the total amount due, the owner shall deliver possession of the particular property subject to the security interest to the person who paid the total amount due together with an affidavit setting forth his entitlement to the property. The owner shall not be liable for any action taken pursuant to the provisions of the Self-Service Storage Lien Act if the owner has fully complied with the provisions of [the] act.
History:
Laws 1987, ch. 314, § 6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 11 - Self-Service Storage Liens › Section 48-11-8 - Notice; posting.

Each owner shall post in a prominent place in his office at all times a notice which reads as follows:
"All articles stored under a rental agreement, which have incurred unpaid charges for thirty days, will be sold or otherwise disposed of to pay charges at the end of ninety days.".
History:
Laws 1987, ch. 314, § 8.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 11 - Self-Service Storage Liens › Section 48-11-9 - Criminal liability.

Any person who willfully fails to disclose any lienholder as required by the disclosure provision of the rental agreement defined in Section 3 [48-11-3 NMSA 1978] of the Self-Service Storage Lien Act is guilty of a petty misdemeanor.
History:
Laws 1987, ch. 314, § 9.
ANNOTATIONS
Severability.
— Laws 1987, ch. 314, § 11 provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 12 - Commercial Real Estate Broker Liens › Section 48-12-1 - Short title.

This act [48-12-1 to 48-12-7 NMSA 1978] may be cited as the "Commercial Real Estate Broker Lien Act".
History:
Laws 2014, ch. 38, § 1.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 38, § 8 made Laws 2014, ch. 38, §§ 1 through 7, the Commercial Real Estate Broker Lien Act, effective July 1, 2014.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 12 - Commercial Real Estate Broker Liens › Section 48-12-2 - Definitions.

As used in the Commercial Real Estate Broker Lien Act:
A. "broker" means a person licensed as a qualifying broker under the provisions of Chapter 61, Article 29 NMSA 1978; and
B. "commercial real estate" means any real estate other than:
(1) real estate on which no buildings or structures are located and that is zoned for single-family residential use; or
(2) real estate containing one or more single-family residential units, including apartments, condominiums, town houses or homes in a subdivision when sold, leased or otherwise conveyed on a unit-by-unit basis.
History:
Laws 2014, ch. 38, § 2.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 38, § 8 made Laws 2014, ch. 38, §§ 1 through 7, the Commercial Real Estate Broker Lien Act, effective July 1, 2014.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 12 - Commercial Real Estate Broker Liens › Section 48-12-3 - Broker's lien for compensation for services; requirements.

A broker shall have a lien upon commercial real estate or any interest in commercial real estate in the amount that the broker is due for licensed services connected with the leasing of the commercial real estate, if the broker:
A. is entitled to a stated fee or commission provided in a written instrument that:
(1) identifies the commercial real estate;
(2) sets forth the fee or commission due and the date or dates or the circumstances under which the fee or commission is due; and
(3) is signed by the owner of the commercial real estate or the owner's authorized agent; and
B. records a notice of lien on the commercial real estate pursuant to Section 4 [48-12-4 NMSA 1978] of the Commercial Real Estate Broker Lien Act. Such lien shall only be valid against the commercial real estate identified in the written instrument described in Subsection A of this section and in the amount due for the fee or commission stated therein.
History:
Laws 2014, ch. 38, § 3.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 38, § 8 made Laws 2014, ch. 38, §§ 1 through 7, the Commercial Real Estate Broker Lien Act, effective July 1, 2014.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 12 - Commercial Real Estate Broker Liens › Section 48-12-4 - Notice of lien; attachment requirements; recording; contents; mailing.

A. A broker shall record a notice of lien within ninety days following the date on which payment is due as set forth in a written instrument as required by Section 3 [48-12-3 NMSA 1978] of the Commercial Real Estate Broker Lien Act. If compensation is to be paid in installments, a broker may elect to file a single claim of lien within ninety days following the date the first installment is due for all installments due under the written instrument or to file a lien for future installments within ninety days following the date the future installments are due. In the event a broker is due additional commission as a result of future actions related to a lease, including the exercise of an option to expand leased commercial real estate or to renew or extend a lease, the broker shall record a notice of lien no earlier than the occurrence of the act or event for which the broker's additional commission is earned and not later than ninety days after the occurrence of the act or event for which the broker's additional commission is earned.
B. A lien shall attach as of the date of the recording of the notice of lien pursuant to Subsection A of this section.
C. Nothing in the Commercial Real Estate Broker Lien Act shall limit or otherwise affect claims, defenses or other remedies that a broker, owner or any other party may have in law or equity.
D. A notice of lien shall be recorded in the county clerk's office of the county in which the commercial real estate is located and shall include:
(1) the name, address and license number of the broker;
(2) the amount for which the lien is claimed;
(3) a legal description of the commercial real estate or a description sufficient to identify the commercial real estate; and
(4) the name and last known address of the owner of the commercial real estate.
E. Within ten days of recording the notice of lien, the broker shall mail a copy of the notice of lien by certified mail, return receipt requested, to the last known address of the owner of the commercial real estate or the owner's authorized agent.
History:
Laws 2014, ch. 38, § 4.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 38, § 8 made Laws 2014, ch. 38, §§ 1 through 7, the Commercial Real Estate Broker Lien Act, effective July 1, 2014.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 12 - Commercial Real Estate Broker Liens › Section 48-12-5 - Commencement of action; recording satisfaction of lien.

A. A broker claiming a lien under the Commercial Real Estate Broker Lien Act shall, within two years after recording the notice of lien, bring suit to enforce the lien in the district court in the county where the commercial real estate is located. Failure to commence proceedings pursuant to this subsection shall extinguish the lien.
B. If a broker's lien has been recorded pursuant to Section 4 [48-12-4 NMSA 1978] of the Commercial Real Estate Broker Lien Act and the indebtedness has been paid in full or the lien has been extinguished or is otherwise not enforceable pursuant to law, within ten days after the indebtedness has been paid in full, the lien has been extinguished or becomes unenforceable pursuant to law, the broker shall:
(1) record a written release or satisfaction of the lien in the county clerk's office of the county in which the commercial real estate is located; and
(2) mail a copy of the recorded release or satisfaction by certified mail, return receipt requested, to the last known address of the owner of the commercial real estate or the owner's authorized agent.
History:
Laws 2014, ch. 38, § 5.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 38, § 8 made Laws 2014, ch. 38, §§ 1 through 7, the Commercial Real Estate Broker Lien Act, effective July 1, 2014.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 12 - Commercial Real Estate Broker Liens › Section 48-12-6 - Petition to cancel lien; security.

A. The owner of any commercial real estate upon which a lien has been filed pursuant to the Commercial Real Estate Broker Lien Act may petition the district court for the county in which the commercial real estate is located for an order canceling the lien.
B. Upon the filing of the petition, the district court judge shall examine the broker's recorded demands and determine an amount sufficient to satisfy the recorded demands and any other damages, court costs or attorney fees that may be recovered by the broker. Security, in the amount set by the judge and of a type approved by the judge, shall be deposited by the owner of the commercial real estate with the district court conditioned on the payment of any sum found to be validly due to the broker.
C. When the security is deposited under this section, the judge of the district court shall immediately issue an order canceling the lien and shall notify the county clerk with whom the lien was filed. Upon the recording of the order, the county clerk shall mark the filed lien as canceled. When an order is issued under this subsection, the broker's lien attaches to the security and is enforceable as to the security in the district court in which it is deposited.
History:
Laws 2014, ch. 38, § 6.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 38, § 8 made Laws 2014, ch. 38, §§ 1 through 7, the Commercial Real Estate Broker Lien Act, effective July 1, 2014.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 12 - Commercial Real Estate Broker Liens › Section 48-12-7 - Attorney fees.

The cost of proceedings, including trial and appellate court proceedings, brought pursuant to the Commercial Real Estate Broker Lien Act, including reasonable attorney fees, expenses of litigation and prejudgment interest, shall be awarded to the prevailing party or parties. When more than one party is responsible for costs, fees and prejudgment interest, the costs, fees and prejudgment interest shall be equitably apportioned by the court or tribunal among those responsible parties.
History:
Laws 2014, ch. 38, § 7.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 38, § 8 made Laws 2014, ch. 38, §§ 1 through 7, the Commercial Real Estate Broker Lien Act, effective July 1, 2014.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 1 - General Provisions › Section 49-1-1.1 - Definitions.

As used in Chapter 49 NMSA 1978:
A. "child" means a biological, adopted or foster child, a stepchild, a legal ward or a child of a person standing in loco parentis;
B. "heir" means a person who is a descendant of the original grantees and has an interest in the common land of a land grant-merced through inheritance, gift or purchase or as defined in the bylaws of a land grant-merced;
C. "land grant-merced" means a grant of land made by the government of Spain or by the government of Mexico to a community, town, colony or pueblo or to a person for the purpose of founding or establishing a community, town, colony or pueblo;
D. "parent" includes a biological, adoptive or foster parent, a stepparent or an individual who stands in loco parentis to a child;
E. "precinct" means a geographic location such as a community or town that is guaranteed an apportioned amount of positions on the board of trustees of a land grant-merced as defined in the land grant-merced bylaws;
F. "qualified voting member" means an heir who is registered to vote in a land grant-merced as prescribed in the land grant-merced bylaws; and
G. "sibling" includes a stepsibling and a half-sibling.
History:
Laws 2004, ch. 124, § 1; 2019, ch. 248, § 1.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, defined "child", "parent", "precinct" and "sibling" as used in Chapter 49 NMSA 1978; added a new Subsection A and redesignated former Subsections A and B as Subsections B and C, respectively; in Subsection B, after "gift or purchase", added "or as defined in the bylaws of a land grant-merced"; added new Subsections D and E and redesignated former Subsection C as Subsection F; and added Subsection G.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 1 - General Provisions › Section 49-1-4 - Board of trustees; qualifications.

The board of trustees shall consist of five members. In a land grant-merced with bylaws that include the use of precincts, no more than the apportioned number of members for any given precinct as set forth in the bylaws shall serve on the board of trustees. A person shall be qualified to be a member of the board if the person is a qualified voting member and is not in default of any dues, rent or other payment for the use of any of the common lands of the land grant-merced; provided that no person convicted of a felonious or infamous crime, unless the person has been pardoned or restored to political rights, shall be qualified to be elected or appointed to any board of trustees of a land grant-merced.
History:
Laws 1907, ch. 42, § 4; 1913, ch. 58, § 1; Code 1915, § 802; Laws 1929, ch. 137, § 4; C.S. 1929, § 29-104; Laws 1933, ch. 164, § 1; 1941 Comp., § 9-104; Laws 1951, ch. 151, § 1; 1953 Comp., § 8-1-4; 2004, ch. 124, § 6; 2019, ch. 248, § 3.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, revised the qualifications for members of the board of trustees of a land grant-merced; deleted "In land grants-mercedes where there is more than one precinct, no more than three members shall be residents of the same precinct." and added "In a land grant merced with bylaws that include the use of precincts, no more than the apportioned number of members for any given precinct as set forth in the bylaws shall serve on the board of trustees", and added "provided that no person convicted of a felonious or infamous crime, unless the person has been pardoned or restored to political rights, shall be qualified to be elected or appointed to any board of trustees of a land grant-merced".
The 2004 amendment,
effective July 1, 2004, inserted at the beginning of the section "In land grants-mercedes where there is more than one precinct," before the restriction on the number of members from the same precinct and deleted the requirement that a voter be a qualified voter at a general election in this state.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 1 - General Provisions › Section 49-1-6 - Repealed.

History:
Laws 1907, ch. 42, § 6; Code 1915, § 804; C.S. 1929, § 29-106; 1941 Comp., § 9-106; 1953 Comp., § 8-1-6; repealed by Laws 2004, ch. 124, § 21.
ANNOTATIONS
Repeals.
— Laws 2004, ch. 124, § 21 repealed 49-1-6 NMSA 1978, as enacted by Laws 1907, ch. 42, § 6, relating to calling of elections, notices and ballots, effective July 1, 2004. For provisions of former section,
see
the 2003 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 1 - General Provisions › Section 49-1-8 - Organization of board; bonds; vacancies.

A. All members of the newly elected board of trustees shall meet no later than seven days after the votes are canvassed and organize themselves by the election of a president, secretary and treasurer. The treasurer shall perform such duties as may be required by the board and shall furnish to the board a good and sufficient surety bond in a sum as set forth in this section, to be conditioned as are the bonds of other public officials handling public money. It is the duty of the treasurer to deposit all the money coming to the treasurer in a bank or credit union organized and doing business in New Mexico.
B. In the event of the death or resignation of the treasurer, the board shall fill the vacancy by appointing one of the members of the board as treasurer, who shall, before entering into the performance of duties as treasurer, execute and furnish to the board a good and sufficient surety bond, similar to the bond entered into by the predecessor treasurer.
C. The amount of the bond required of the treasurer and the treasurer's successor shall at all times be for a sum of at least double the amount received by and deposited in the bank or credit union by the treasurer.
D. In the event that the board of trustees delegates any other of its members to collect money due the land grant-merced, that person shall be bonded in the same manner as is provided in this section for the bonding of the treasurer.
E. Those authorized to collect money shall give receipts for the money collected, which receipts shall be in the form prescribed by the board of trustees in the bylaws as an official receipt.
History:
Laws 1907, ch. 42, § 8; Code 1915, § 806; Laws 1921, ch. 146, § 1; C.S. 1929, § 29-108; Laws 1933, ch. 164, § 3; 1941 Comp., § 9-108; 1953 Comp., § 8-1-8; 2004, ch. 124, § 9; 2015, ch. 40, § 1.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, authorized land grant-merced funds to be deposited in a credit union; in Subsection A, after "money coming", deleted "into his hands as" and added "to the", and after "bank", added "or credit union"; in Subsection B, after "performance of", deleted "his" and added "the", and after "predecessor", added "treasurer"; in Subsection C, after "and", deleted "his" and added "the treasurer's", and after "bank", added "or credit union"; and in Subsection D, after "event", added "that".
The 2004 amendment,
effective July 1, 2004, designated the first three sentences of the former section as Subsection A, amended Subsection A to change the first meeting date of the newly elected board from the first Monday following the canvassing to no later than seven days following the canvassing date, designated each of the other sentences of the section as Subsections B, C, D and E and made minor changes to each of the subsections.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 1 - General Provisions › Section 49-1-9 - Meetings.

Regular meetings of the board of trustees shall be held no less than quarterly and in a public place as the board may determine in accordance with the bylaws. The time and place of regular meetings shall be posted in Spanish and English in a public place within the land grant-merced at least ten days prior to the meeting. Special meetings may be held at any time on call of the president, with five days' notice being given to each member.
History:
Laws 1907, ch. 42, § 9; Code 1915, § 807; C.S. 1929, § 29-109; 1941 Comp., § 9-109; 1953 Comp., § 8-1-9; 2004, ch. 124, § 10.
ANNOTATIONS
The 2004 amendment,
effective July 1, 2004, amended this section to require quarterly meetings of the board in a public place and to add: "in accordance with the bylaws. The time and place of regular meetings shall be posted in Spanish and English in a public place within the land grant-merced at least ten days prior to the meeting".
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 1 - General Provisions › Section 49-1-10 - Quorum.

A majority of the board of trustees shall constitute a quorum for the transaction of business, and the land grant-merced and its inhabitants shall be bound by the acts of the board done pursuant to the provisions of Sections 49-1-1 through 49-1-18 NMSA 1978 and the land grant-merced bylaws.
History:
Laws 1907, ch. 42, § 10; Code 1915, § 808; C.S. 1929, § 29-110; 1941 Comp., § 9-110; 1953 Comp., § 8-1-10; 2004, ch. 124, § 11.
ANNOTATIONS
The 2004 amendment,
effective July 1, 2004, amended this section to replace "town, colony or community aforesaid" with "land grant-merced" and to make other clarifying amendments.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 1 - General Provisions › Section 49-1-11.1 - Rights of lessees and purchasers; rights to use of common lands.

A. A person who is not an heir and who has purchased or leased property within the limits of a land grant-merced shall only have a right to the lands acquired through the purchase or lease but not to any common lands within the land grant-merced.
B. The provisions of Chapter 49, Article 1 NMSA 1978 shall not diminish, extinguish or otherwise impair any private property interest located within the boundaries of a land grant-merced or be construed to grant the board of trustees of a land grant-merced regulatory authority over such property interests or lands other than the common lands. As used in this subsection, "property interest" includes valid easements and rights of access, but does not include use rights to the common lands of the land grant-merced.
C. The designation of land grants-mercedes as political subdivisions of the state shall not alter the property rights of the heirs in the common lands. The common lands owned or controlled by a land grant-merced shall not be considered to be, designated or treated as state land.
History:
1978 Comp., § 49-1-22, enacted by Laws 2004, ch. 124, § 2; amended and recompiled as 1978 Comp., § 49-1-11.1 by Laws 2005, ch. 75, § 1; 2011, ch. 96, § 2.
ANNOTATIONS
The 2011 amendment,
effective April 6, 2011, added Subsection C to provide that the property rights of heirs in common lands is not altered by the designation of land grants-mercedes as a political subdivision and that the common lands of land grants-mercedes are not state land.
The 2005 amendment,
effective July 1, 2005, added Subsection B, which limits the affects of the provisions of Chapter 49, Article 1 NMSA 1978 on private property interests.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 1 - General Provisions › Section 49-1-11.2 - Adverse possession.

A land grant-merced managed, controlled and governed as a political subdivision pursuant to Chapter 49 NMSA 1978 shall not be subject to adverse possession claims to or defenses against the common lands administered by the political subdivision, provided that those claims or defenses have not vested prior to the effective date of this section.
History:
Laws 2007, ch. 266, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 266 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 1 - General Provisions › Section 49-1-12 - Meetings to be public; annual report.

A. All meetings of the board of trustees shall be held in accordance with the Open Meetings Act [Chapter 10, Article 15 NMSA 1978]. Executive sessions shall not be held except in accordance with the Open Meetings Act. All heirs of the land grant-merced shall have the right to be present at all times when the board is in session and to be heard on all matters in which they may be interested.
B. The board of trustees shall annually make public a report of all its transactions for that year. The report shall include agendas, minutes, actions taken and all financial transactions. The report shall be maintained in a public place and available for public review; for the purposes of this subsection, filing the report with the land grant council to be kept with the New Mexico community land grant registry shall be considered filing the report in a public place.
C. The secretary of the board shall reduce to writing, in a book kept for that purpose, minutes of the business transacted at each meeting of the board.
History:
Laws 1907, ch. 42, § 12; Code 1915, § 810; C.S. 1929, § 29-112; Laws 1933, ch. 164, § 4; 1941 Comp., § 9-112; 1953 Comp., § 8-1-12; 2004, ch. 124, § 13; 2014, ch. 72, § 1.
ANNOTATIONS
The 2014 amendment,
effective July 1, 2014, allowed the board of trustees of the land grant-merced to file annual reports with the New Mexico land grant registry; and in Subsection B, in the third sentence, after "public review", added the remainder of the sentence.
The 2004 amendment,
effective July 1, 2004, added the requirement that meetings be held in accordance with the Open Meetings Act, added subsection designations, changed "persons residing within the limits of the grant" to "all heirs of the land grant-merced", and added the second sentence of Subsection B, and added Subsection C.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 1 - General Provisions › Section 49-1-13 - Vacancies.

If a vacancy occurs on the board of trustees, the remaining members shall fill the vacancy by appointment made at a regular meeting. The person appointed shall hold office for the remainder of the unexpired term of the trustee being replaced.
History:
Laws 1907, ch. 42, § 13; Code 1915, § 811; C.S. 1929, § 29-113; 1941 Comp., § 9-113; 1953 Comp., § 8-1-13; 2004, ch. 124, § 14; 2019, ch. 248, § 7.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, provided that a person appointed to the board of trustees of a land grant-merced to fill a vacancy shall serve for the remainder of the unexpired term of the trustee being replaced; after "board", added "of trustees", and after "shall hold office", deleted "until the next regular election" and added "for the remainder of the unexpired term of the trustee being replaced".
The 2004 amendment,
effective July 1, 2004, made minor changes.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 1 - General Provisions › Section 49-1-14 - Salaries of trustees; records; expenditures.

A. The board of trustees may fix in the land grant-merced bylaws and pay to its members a salary not to exceed two hundred dollars ($200) to any member in one month. The salary as fixed shall be in full as compensation for the duties performed by the board or the individual members within the exterior boundaries of the land grant-merced and for attendance at regularly scheduled meetings. The secretary of the board may be allowed a salary not to exceed two hundred twenty-five dollars ($225) in one month.
B. Board members may be authorized per diem and mileage pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
C. The board of trustees and the treasurer shall keep permanent and legible records capable of audit, and no money or funds shall be paid by the board of trustees or by any person authorized to expend money unless the expenditure is approved by a majority of the board of trustees and is in the form of a written check or in such a form that the date, amount and payee of the transaction are automatically recorded; and the payment is supported by an invoice or receipt.
History:
Laws 1907, ch. 42, § 14; Code 1915, § 812; C.S. 1929, § 29-114; Laws 1933, ch. 164, § 5; 1937, ch. 194, § 2; 1941 Comp., § 9-114; 1953 Comp., § 8-1-14; Laws 1979, ch. 184, § 3; 2004, ch. 124, § 15; 2015, ch. 40, § 2.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, placed certain requirements on the expenditure of funds by the board of trustees of a land grant-merced; in Subsection C, after "expend money", deleted "except by written check drawn upon vouchers" and added the remainder of the sentence.
The 2004 amendment,
effective July 1, 2004, designated the first two sentences of the former section and part of the third sentence as Subsection A and designated the remainder of the former section as Subsection C, added Subsection B and revised the last sentence of the prior section to designate it as Subsection C and to change "secretary" to "treasurer".
The 1979 amendment
added the catchline, substituted "two hundred dollars ($200)" for "fifty dollars ($50.00)" and "one month" for "one year" near the beginning of the section, substituted "two hundred twenty-five dollars ($225)" for "seventy-five dollars ($75.00)" and "one month" for "one year" near the middle of the section and made other minor changes.
Reimbursement for expenses incurred in administration.
— This section bars a member of a community land grant board of trustees from recovering reimbursement authorized by the board for expenses incurred in the administration of the land grant.
Armijo v. Cebolleta Land Grant
, 1987-NMSC-006, 105 N.M. 324, 732 P.2d 426.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 1 - General Provisions › Section 49-1-15 - Removal from land grant-merced; delinquency; forfeiture.

A. If a person holds in possession or claims in private ownership, within the exterior boundaries of a land grant-merced, any tract, piece or parcel of land to which, in the opinion of the board of trustees, the person has no right or title, the board may institute an action of ejectment in district court against the person. If upon the trial it is determined that such possession is without right, judgment shall be rendered in favor of the board for possession of the tract, piece or parcel of land and for such damages as it may have proved for the wrongful detention.
B. Any delinquent heir shall lose all right that the heir may have had to use the common lands of the land grant-merced unless the heir pays in full all legal assessments or dues due by the heir.
History:
Laws 1907, ch. 42, § 15; Code 1915, § 813; C.S. 1929, § 29-115; Laws 1933, ch. 164, § 5[5a]; 1941 Comp., § 9-115; 1953 Comp., § 8-1-15; 2004, ch. 124, § 16; 2005, ch. 75, § 2.
ANNOTATIONS
Compiler's notes.
— Laws 1933, ch. 164 contained two sections designated as "Sec. 5." This section was derived from the second, so the bracketed "5a" was inserted in the history by the 1941 compiler to distinguish the two sections.
The 2005 amendment,
effective July 1, 2005, provided that actions of ejectment must be filed in district court and if the court determines that the possession is without right, the judgment shall be rendered for the board; and provided that a delinquent heir shall lose all right to use common land unless the heir pays all legal assessment or dues due by the heir.
The 2004 amendment,
effective July 1, 2004, made minor revisions throughout this section, added "land grant-merced" for "grant", deleted after "Any delinquent" "person who moves outside the exterior boundaries of such grant and resides outside such exterior boundaries for a period of five years" and replaced it with "heir".