2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 7 - Sale and Lease of Lands › Section 19-7-28 - [Grazing and agricultural leases; reservation of mineral deposits, products and easements.]

In all leases of state lands for grazing or agricultural purposes there shall be inserted a clause reserving the right to execute leases for mining purposes thereon, or for the extraction of petroleum, natural gas, salt or other deposit therefrom, and the right to sell or dispose of any other natural surface products of such lands other than grazing, agricultural or horticultural products; also a clause reserving the right to grant rights-of-way and easements for any of the purposes mentioned in Section 19-7-57 NMSA 1978.
History:
Laws 1912, ch. 82, § 55; Code 1915, § 5233; C.S. 1929, § 132-156; 1941 Comp., § 8-829; 1953 Comp., § 7-8-29.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For issuance of limited patent with reservation of minerals on lands sold on deferred payments with reservation of minerals or classified as mineral lands prior to full payment or issuance of patent,
see
19-10-27 NMSA 1978.
For reservation of geothermal resources in leases, deeds or sales contracts of state lands,
see
19-13-16 NMSA 1978.
For reservation of mineral purchase rights on state lands leased or conveyed,
see
19-14-1 to 19-14-3 NMSA 1978.
Reservations of minerals.
— Commissioner of public lands could make a reservation of minerals in contract for sale of agricultural or grazing lands sought to be purchased, and in which it was not then known that any mineral products existed.
State ex rel. Otto v. Field
, 1925-NMSC-019, 31 N.M. 120, 241 P. 1027.
Reservations of rights-of-way.
— Grazing leases are held subject to the reservation or exception of the state to grant rights-of-way for purposes and upon terms set forth in statutes.
Lea Cnty. Water Co. v. Reeves
, 1939-NMSC-020, 43 N.M. 221, 89 P.2d 607, explained in
Application of Dasburg
, 1941-NMSC-024, 45 N.M. 184, 113 P.2d 569.
Reservations of rights-of-way for pipeline.
— Reservation of right-of-way for pipeline over state lands was held part of lease of grazing lands at time of its execution.
Lea Cnty. Water Co. v. Reeves
, 1939-NMSC-020, 43 N.M. 221, 89 P.2d 607, explained in
Application of Dasburg
, 1941-NMSC-024, 45 N.M. 184, 113 P.2d 569.
Liability for damages to grazing lessees.
— Persons performing seismographic work upon state land with consent of mineral lease holders and commissioner of public land are liable for damages caused to holders of grazing leases on the land, since under § 11 of form lease found at 19-10-4.1 NMSA 1978, mineral lease holder would be liable for such damages.
Tidewater Associated Oil Co. v. Shipp
, 1954-NMSC-129, 59 N.M. 37, 278 P.2d 571.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Oil and gas as "minerals" within deed, lease or license, 37 A.L.R.2d 1440.
Easement: effect, as between lessor and lessee, of provision in mineral lease purporting to except or reserve a previously granted right-of-way or other easement through, over or upon the premises, 49 A.L.R.2d 1191.
"Mine" as used in written instrument, 92 A.L.R.2d 868.
Clay, sand or gravel as "minerals" within deed, lease or license, 95 A.L.R.2d 843.