reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 1 - General Provisions › Section 49-1-16 - Trespass on common lands or waters; injunctions.

The courts of this state shall entertain bills of complaint filed by the board of trustees of a land grant-merced to enjoin persons from trespassing upon the common lands or using the common waters within the land grant-merced if it appears that the complainant is without a plain, speedy and adequate remedy at law or that the persons committing trespass are insolvent or unable to respond in damages.
History:
Laws 1907, ch. 42, § 16; Code 1915, § 814; C.S. 1929, § 29-116; 1941 Comp., § 9-116; 1953 Comp., § 8-1-16; 2004, ch. 124, § 17.
ANNOTATIONS
Cross references.
— For community springs,
see
72-10-1 to 72-10-3 NMSA 1978.
For reservoirs,
see
72-10-4 to 72-10-10 NMSA 1978.
The 2004 amendment,
effective July 1, 2004, made minor corrections throughout this section and changed "grant" to "land grant-merced".
Law reviews.
— For article, "Water Rights Problems in the Upper Rio Grande Watershed and Adjoining Areas," see 11 Nat. Res. J. 48 (1971).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
63A Am. Jur. 2d Public Lands §§ 125 to 128.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 1 - General Provisions › Section 49-1-17 - Process; how served on board.

Process in all actions or suits against a board of trustees of a land grant-merced shall be served upon the president or, in his absence, upon the secretary.
History:
Laws 1907, ch. 42, § 17; Code 1915, § 815; C.S. 1929, § 29-117; 1941 Comp., § 9-117; 1953 Comp., § 8-1-17; 2004, ch. 124, § 18.
ANNOTATIONS
Cross references.
— For a similar provision,
see
Rule 1-004 F(6) NMRA.
The 2004 amendment,
effective July 1, 2004, made minor corrections throughout this section and changed "grant" to "land grant-merced".
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 1 - General Provisions › Section 49-1-18 - Construction.

Sections 49-1-1 through 49-1-18 NMSA 1978 shall not be construed as applying to any land grant-merced that is managed or controlled in any manner other than that provided in Section 49-1-2 NMSA 1978.
History:
Laws 1907, ch. 42, § 19; Code 1915, § 817; C.S. 1929, § 29-119; 1941 Comp., § 9-118; 1953 Comp., § 8-1-18; 2004, ch. 124, § 19.
ANNOTATIONS
Saving clauses.
— Laws 1907, ch. 42, § 18, provided that election of a board of trustees should not in any manner affect any actions, suits or proceedings at law or equity pending March 18, 1907, in any way affecting such land grant or the title thereto.
Compiler's notes.
— Prior to the 1915 Code compilation, this section read: "All acts and parts of acts in conflict herewith are hereby repealed, and this act shall be in full force and effect from and after its passage, but, as stated in Section 1 (49-1-1 NMSA 1978) hereof, this act shall not be construed as applying to any land grant which is now managed or controlled in any manner other than that hereinbefore provided, by virtue of any general or special act of any legislative assembly of the territory of New Mexico."
The 2004 amendment,
effective July 1, 2004, made minor corrections throughout this section and changed "grant" to "land grant-merced".
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 1 - General Provisions › Section 49-1-19 - Failure of trustee to perform duties; penalty.

Any member of the board of trustees who fails or refuses to perform any of the duties required to be performed by the board of trustees of the land grant-merced or any member of the board pursuant to Sections 49-1-1 through 49-1-18 NMSA 1978 or by any other law of New Mexico is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) or by imprisonment in the county jail for a period of not less than thirty days nor more than ninety days, or both.
History:
1941 Comp., § 9-119, enacted by Laws 1933, ch. 164, § 6; 1953 Comp., § 8-1-19; 2004, ch. 124, § 20.
ANNOTATIONS
The 2004 amendment,
effective July 1, 2004, made minor corrections throughout this section and changed "grant" to "land grant-merced".
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 1 - General Provisions › Section 49-1-20 - [Sevilleta de La Joya grant; provisions applicable.]

The court having held that the trustees elected under the provisions of Sec. 828 of the special act for the management and control of the Sevilleta de La Joya grant are without authority, the provisions of the general law for the management and control of all Mexican and Spanish grants contained in Sections 49-1-1 to 49-1-18 NMSA 1978 are hereby made applicable for the management and control of the Sevilleta de La Joya grant.
History:
Laws 1929, ch. 137, § 1; C.S. 1929, § 29-901; 1941 Comp., § 9-120; 1953 Comp., § 8-1-20.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The reference to "Section 828" in this section refers to Section 828 of the 1915 Code, which was repealed by Laws 1929, ch. 137, § 5.
Landowners entitled to one vote.
— Under Code 1915, § 828 (now repealed), relative to election of trustees for the Sevilleta de La Joya land grant, the trustees had no power to apportion the vote according to the interest of the voters in the lands, but each owner of an undivided interest was entitled to one vote.
State ex rel. Rivera v. Esquibel
, 1920-NMSC-059, 26 N.M. 283, 191 P. 144.
Trustees' duties.
— Under Code 1915, § 828 (now repealed), relative to election of trustees for the Sevilleta de La Joya land grant, it was the duty of the trustees to receive the vote of any voter who filed the required affidavits, and the trustees could not refuse to count such votes because in their judgment the voters were not qualified.
State ex rel. Rivera v. Esquibel
, 1920-NMSC-059, 26 N.M. 283, 191 P. 144.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 1 - General Provisions › Section 49-1-21 - [Anton Chico grant; rights of lessees and purchasers.]

Any person or persons or corporation who through purchase or lease may come to live within the limits of the Anton Chico land grant shall only have a right to the lands he or they may acquire through said lease or purchase but not to the common lands in said land grant.
History:
Laws 1933, ch. 164, § 7; 1941 Comp., § 9-121; 1953 Comp., § 8-1-21.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 1 - General Provisions › Section 49-1-22 - Recompiled.

History:
1978 Comp., § 49-1-22, enacted by Laws 2004, ch. 124, § 2; recompiled and amended as § 49-1-11.1 by Laws 2005, ch. 75, § 1.
ANNOTATIONS
Recompilations.
— Laws 2005, ch. 75, § 1 recompiled former 49-1-22 NMSA 1978 as 49-1-11.1 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 1 - General Provisions › Section 49-1-23 - Community land grant registry established; reporting requirements.

A. The land grant council shall establish the "New Mexico community land grant registry".
B. A community land grant organized and governed pursuant to Chapter 49, Article 1 or 4 NMSA 1978 and operating as a political subdivision of the state shall register its bylaws and a list of current officers with the land grant council. The board of trustees of that land grant shall notify the land grant council of the names and positions of the land grant's elected or appointed officers upon their election or appointment.
C. Community land grants organized and operating pursuant to special statutes or other general statutes may also register their bylaws and lists of officers with the land grant council.
D. A community land grant that registers in accordance with Subsection B or C of this section may request the land grant council to keep on file the originals or copies of current or historical documents or maps submitted by the board of trustees to the land grant council; provided that the land grant council shall store the originals of historical documents and maps in the state archives and records center.
History:
Laws 2005, ch. 205, § 1; 2013, ch. 4, § 1.
ANNOTATIONS
The 2013 amendment,
effective March 8, 2013, transferred the New Mexico community land grant registry from the secretary of state to the land grant council; in Subsection A, after "The", deleted "secretary of state" and added "land grant council"; in Subsection B, in the first sentence, after "Article 1", added "or 4" and after "current officers with the", deleted "secretary of state" and added "land grant council" and in the second sentence, after "shall notify the", deleted "secretary of state" and added "land grant council"; in Subsection C, after "list of officers with the", deleted "secretary of state" and added "land grant council"; and in Subsection D, after "may request the", deleted "secretary of state" and added "land grant council", after "to keep on file", added "the originals or", after "board of trustees to the", deleted "secretary of state" and added "land grant council shall", and after "land grant council shall store", deleted "such" and added "the originals of historical".
Temporary provisions.
— Laws 2013, ch. 4, § 3, effective March 8, 2013, provided that the secretary of state shall transfer to the land grant council the New Mexico community land grant registry, all associated records and all other records and documents submitted to the secretary of state pursuant to Sections 49-1-23 and 49-4-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 2 - Corporations for Management of Community Land Grants › Section 49-2-3 - Board of trustees; corporate powers; election.

The corporate powers of such corporation shall be exercised by a board of nine trustees who are owners and proprietors residing upon such land grant and heads of families. The board of trustees shall be elected by the owners and proprietors on the first Saturday in December of the year 1919, and upon the same day in every third year thereafter. The nine persons receiving the highest number of votes at the election shall become the board of trustees and possess the powers provided for in Sections 49-2-1 to 49-2-17 NMSA 1978, and shall hold their office until the election and qualification of their successors. No trustee shall serve more than two consecutive terms.
History:
Laws 1917, ch. 3, § 3; C.S. 1929, § 29-203; 1941 Comp., § 9-203; 1953 Comp., § 8-2-3; Laws 1967, ch. 184, § 1.
ANNOTATIONS
Cross references.
— For election of trustees in community land grants generally,
see
49-1-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 2 - Corporations for Management of Community Land Grants › Section 49-2-4 - [Judges of election; appointment; notice of election; ballots; canvass; certificates of election.]

The election provided for in the preceding section [49-2-3 NMSA 1978] shall be held by three judges who shall be owners and proprietors residing upon said grant, and the heads of families, and shall be designated by votes of two-thirds of the trustees present at the regular meeting of such board of trustees held in October next preceding the date of such election. No more than two of such judges shall reside in the same precinct, if there be more than one precinct in such land grant. It shall be the duty of the outgoing board of trustees to give notice of the time and place of such election by posting not less than three notices in public places in each precinct in which the grant is situated, such notices to be in both the English and Spanish languages, and to be posted not less than twenty days before the date of such election. Said elections shall be by ballot, and each ballot cast shall have the name of the voter casting the same written thereon, and all ballots shall be preserved by the judges of election until the next ensuing meeting of the board of trustees, and so much longer thereafter as said board shall direct. It shall be the duty of such judges of election to canvass the ballots cast at such election and issue certificates of election to each of the nine persons receiving the highest number of votes cast at such election, and such certificates will authorize the persons to whom they are respectively issued to discharge the duties of such trustees for the term for which they were elected and until the election and qualification of their successors.
History:
Laws 1917, ch. 3, § 4; C.S. 1929, § 29-204; 1941 Comp., § 9-204; 1953 Comp., § 8-2-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For secrecy of the ballot,
see
N.M. Const., art. VII, § 1.
Lack of standing in quiet title suit.
— Where a land grant association's board of trustees had not called an election by its members or the trustees as required by law and had not identified the persons having an interest in the lands claimed by the association who had a right to vote at an election and the treasurer had not furnished a surety bond, the association lacked standing as a land grant community or board to assert a claim of title to lands at issue in a suit to quiet title.
Cordova v. Broadbent
, 1988-NMSC-042, 107 N.M. 215, 755 P.2d 59.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 2 - Corporations for Management of Community Land Grants › Section 49-2-5 - [Vacancies in board; filling.]

If a vacancy shall occur in any such board of trustees the remaining members of such board shall fill such vacancy by appointment, to be made at any regular meeting of such board, and the person or persons so appointed shall hold office until there be a general election for members of such board and until the election and qualification of their successor or successors.
History:
Laws 1917, ch. 3, § 5; C.S. 1929, § 29-205; 1941 Comp., § 9-205; 1953 Comp., § 8-2-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Appointee's tenure in office.
— Under Laws 1891, ch. 86, § 24 (now repealed), where vacancy in office of trustee of community land grant was filled by appointment, the appointee was entitled to hold office until qualification of a successor elected at regular election held on day authorized by statute. 1912 Op. Att'y Gen. No. 12-944.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 2 - Corporations for Management of Community Land Grants › Section 49-2-6 - [Majority of board constitutes quorum; acts binding.]

A majority of said board of trustees shall constitute a quorum for the transaction of business, and the corporation shall be in all respects bound by the acts of the majority of its board of trustees done in pursuance of the provisions of this act and within the scope thereof.
History:
Laws 1917, ch. 3, § 6; C.S. 1929, § 29-206; 1941 Comp., § 9-206; 1953 Comp., § 8-2-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this act" refers to Laws 1917, ch. 3, §§ 1 to 20, compiled as 49-2-1 to 49-2-17 NMSA 1978.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 2 - Corporations for Management of Community Land Grants › Section 49-2-8 - [Special meetings; business to be transacted; calling.]

Such board of trustees may hold special meetings at such times as the business of the corporation shall require, but at such special meetings the only business transacted shall be such as may be necessary to protect the common lands of said grant from trespassers, the making of assessments against owners and proprietors, and such other business as shall relate only to general routine of the corporation, and no sale, mortgage, lease, or other disposition of the common lands of the grant shall be authorized at any such special meeting. Such special meetings may be called by the president at such times as he shall consider necessary, and shall be called at any time upon the request in writing of three or more members of the board.
History:
Laws 1917, ch. 3, § 8; C.S. 1929, § 29-208; 1941 Comp., § 9-208; 1953 Comp., § 8-2-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 2 - Corporations for Management of Community Land Grants › Section 49-2-9 - [Selection of officers; rules; duties of secretary.]

Each board of trustees elected under the provisions of this act shall at the first meeting held after such election, select one of its members to be president of the board, and another of its members to be secretary and treasurer thereof, and shall adopt rules for the government of such corporation, and for the use of the common lands of the grant and the common waters thereof, and such rules so adopted shall be uniform as to all owners and proprietors. The secretary shall reduce to writing, in a book to be kept for that purpose, minutes of the business transacted at each meeting of the board.
History:
Laws 1917, ch. 3, § 9; C.S. 1929, § 29-209; 1941 Comp., § 9-209; 1953 Comp., § 8-2-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this act" refers to Laws 1917, ch. 3, §§ 1 to 20, compiled as 49-2-1 to 49-2-17 NMSA 1978.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 2 - Corporations for Management of Community Land Grants › Section 49-2-10 - [Resolutions for disposition of common lands; effective date; binding effect.]

No resolution providing for the sale, mortgage, lease or other disposition of the common lands of such grant shall take effect or become operative until after the expiration of thirty days next following the date of the meeting at which such resolution was adopted, as provided in Section 7 of this act [49-2-7 NMSA 1978]. If no protest shall be filed before such period of thirty days, as provided in the next succeeding section of this act [49-2-11 NMSA 1978], it shall be the duty of the president and secretary of such board of trustees, in the name of and under the seal of such corporation, to execute the necessary deeds and documents to carry such resolution into effect, and such deeds and documents when so executed shall operate to bind all persons interested in such common lands to the same extent as if each of such persons had separately signed, sealed and executed the same.
History:
Laws 1917, ch. 3, § 10; C.S. 1929, § 29-210; 1941 Comp., § 9-210; 1953 Comp., § 8-2-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Presumption confirmed land not part of common lands.
— Adjudication by grant commissioners that persons were entitled to lands in severalty and granting them paper title gives rise to presumption that it investigated and determined land so confirmed was not part of the common lands.
Board of Trustees v. Garcia
, 1925-NMSC-028, 32 N.M. 124, 252 P. 478.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 2 - Corporations for Management of Community Land Grants › Section 49-2-11 - [Protests against disposition of common lands; election.]

Any person interested in the common lands in such grant who shall be dissatisfied with any sale, mortgage, lease or other disposition of any of such common lands so authorized by any resolution of such board of trustees, may, at any time within thirty days next following the date of the meeting at which such resolution was adopted, file with such board of trustees a protest in writing against the carrying out of such resolution, and, if a majority of the owners and proprietors protest against such action within the time aforesaid, then it shall be the duty of the board of trustees to call an election conducted in the same manner as provided for the election of members of the board of trustees, and if at such election a majority of such owners and proprietors vote against such resolution, then such resolution shall become void and of no effect; otherwise it shall be effective and shall be carried out as provided in Section 10 [49-2-10 NMSA 1978] hereof.
History:
Laws 1917, ch. 3, § 11; C.S. 1929, § 29-211; 1941 Comp., § 9-211; 1953 Comp., § 8-2-11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For election of members of board of trustees,
see
49-2-3 and 49-2-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 2 - Corporations for Management of Community Land Grants › Section 49-2-12 - [Compensation of trustees.]

Each member of the board of trustees of the corporation created under the provisions of Chapter 86 of the Laws of 1891, or Chapter 54 of the Laws of 1897, or under the provisions of this act, shall receive for his services as trustee the sum of twenty-four dollars [($24.00)] per year, payable quarterly.
History:
Laws 1917, ch. 3, § 12; C.S. 1929, § 29-212; 1941 Comp., § 9-212; 1953 Comp., § 8-2-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1891, ch. 86 and Laws 1897, ch. 54, referred to in this section, were repealed by Laws 1917, ch. 3, § 19.
See
"Repealing saving clauses" note to 49-2-17 NMSA 1978.
The term "this act" refers to Laws 1917, ch. 3, §§ 1 to 20, compiled as 49-2-1 to 49-2-17 NMSA 1978.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 2 - Corporations for Management of Community Land Grants › Section 49-2-13 - [Lands held in private ownership.]

The board of trustees of any such corporation shall have no power or control over the lands within the exterior boundaries of any such grant which are held or claimed in private ownership, except as hereinafter provided.
History:
Laws 1917, ch. 3, § 13; C.S. 1929, § 29-213; 1941 Comp., § 9-213; 1953 Comp., § 8-2-13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 2 - Corporations for Management of Community Land Grants › Section 49-2-14 - [Lands improperly claimed in private ownership; ejectment.]

If any person or persons shall hold in possession or claim in private ownership within the exterior boundaries of any such land grant any tract, piece or parcel of land, when in the opinion of any such board of trustees such person or persons have no right to hold the same, such board of trustees may institute in the name of the corporation an action of ejectment against such person or persons, and if upon the trial of any such cause it shall appear that the possession or claim of any such person or persons is without right, judgment shall be entered in favor of such corporation for the possession of such tract, piece or parcel of land and for such damages as may be proved to have been sustained by such corporation by the wrongful detention thereof.
History:
Laws 1917, ch. 3, § 14; C.S. 1929, § 29-214; 1941 Comp., § 9-214; 1953 Comp., § 8-2-14.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For ejectment,
see
42-4-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 2 - Corporations for Management of Community Land Grants › Section 49-2-15 - [Trespass on common lands or waters; jurisdiction of courts; injunction.]

The several courts of this state exercising chancery jurisdiction shall under the practice of courts of chancery entertain bills of complaint filed by any such board of trustees to prevent trespasses upon the common lands and common waters of any such grant, if it shall appear that the complainants are without a plain, speedy and adequate remedy at law, or that the persons committing such trespass are insolvent or unable to respond in damages to such corporation for the injury alleged.
History:
Laws 1917, ch. 3, § 15; C.S. 1929, § 29-215; 1941 Comp., § 9-215; 1953 Comp., § 8-2-15.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For trespass on common lands, injunction by community land grants generally,
see
49-1-16 NMSA 1978.
For community springs,
see
72-10-1 to 72-10-3 NMSA 1978.
For public reservoirs,
see
72-10-4 to 72-10-10 NMSA 1978.
Law reviews.
— For article, "Water Rights Problems in the Upper Rio Grande Watershed and Adjoining Areas," see 11 Nat. Resources J. 48 (1971).
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 2 - Corporations for Management of Community Land Grants › Section 49-2-16 - [Conveyances; effect.]

Any conveyance made in pursuance of the provisions of this act shall operate to conclude all persons claiming the land designated therein by, through or under the original title upon which the owners or proprietors of any such land grant or real estate base their claim thereto.
History:
Laws 1917, ch. 3, § 16; C.S. 1929, § 29-216; 1941 Comp., § 9-216; 1953 Comp., § 8-2-16.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 2 - Corporations for Management of Community Land Grants › Section 49-2-17 - Definition of terms; right to vote or hold office.

Whenever the words "owners and proprietors" are used in this act they shall in all cases be construed to mean the members of the colony, community or town to which said grant was made, being all of the class of persons who were determined by the district court to be the owners thereof at the time of the incorporation of such grant by virtue of the act of February 26, 1891, and their descendants, residing within the exterior boundaries of such grant who have so resided continuously for not less than two years, and who own land in common within such exterior boundaries, and have paid taxes thereon. Providing, however, that only such persons as are defined in this section shall be qualified or permitted to participate in the elections provided in this chapter or to hold office as an officer or trustee of the grant.
History:
Laws 1917, ch. 3, § 18; C.S. 1929, § 29-218; Laws 1939, ch. 202, § 1; 1941 Comp., § 9-218; 1953 Comp., § 8-2-18; Laws 1961, ch. 158, § 2.
ANNOTATIONS
Repealing saving clauses.
— Laws 1917, ch. 3, § 19, provided that: "All acts or parts of acts in conflict with this act are hereby repealed, and especially said act of the legislative assembly of the territory of New Mexico, approved February 26, 1891, and the said act of said legislative assembly, approved March 18, 1897, but this repeal shall not affect the corporate existence of any corporation organized or incorporated under either of said acts."
The term "this act" and "this chapter" both refer to Laws 1917, ch. 3, §§ 1 to 20, compiled as 49-2-1 to 49-2-17 NMSA 1978.
Rights, etc., acquired by descendants of original owners.
— The descendants of the original owners of beneficial interests in the common lands have acquired by descent, or devise, whatever rights, privileges and interests their ancestors possessed.
Armijo v. Town of Atrisco
, 1957-NMSC-045, 62 N.M. 440, 312 P.2d 91.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 3 - Chaperito Grant › Section 49-3-1 - [Management vested in board of trustees; number.]

That the management and control of the community lands of the people of Chaperito, within the county of San Miguel, in the state of New Mexico, within the exterior boundaries of the following described tract of land, to wit:
beginning at the northwest corner of the fence of Rafael Lucero; from thence on a straight line to the point or terminus of the Cuchilla Lagia; thence on a straight line northerly to the point or terminus of the Mesa del Velorio; thence southwesterly on a straight line to the source or beginning of the Rincon de los Torres; thence easterly to the junction of the Canada of the Rincon Hondo with the Canada of Laureano; thence on a straight line to the Puertecito del Norte, which goes to the Canada del Indio; thence northwesterly on a straight line to the intersection thereof with the line of the Las Vegas grant; thence southerly, following the Catron fence, which is easterly from the Canada del Indio to the east boundary line of the land of Rafael Lucero; thence northerly, to the northeast corner of the land of said Rafael Lucero; thence westerly, following the fence of said Rafael Lucero to the place of beginning, as the same was decreed in final decree rendered in cause no. 6419, in the district court of the fourth judicial district of the state of New Mexico, sitting within and for the county of San Miguel in said district, in that certain cause entitled in the civil docket of said court, Julius G. Day, et als. versus Sostenes Delgado, et als., defendants, and which said final decree was rendered by said court on December 12, 1913, is hereby vested in a board of trustees composed of three members, each of which shall be elected as this chapter provides.
History:
Laws 1921, ch. 160, § 1; C.S. 1929, § 29-401; 1941 Comp., § 9-301; 1953 Comp., § 8-3-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this chapter" refers to Laws 1921, ch. 160, §§ 1 to 9, compiled as 49-3-1 to 49-3-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
73B C.J.S. Public Lands § 205.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 3 - Chaperito Grant › Section 49-3-2 - [Board of trustees; corporate powers; name; process; qualifications.]

That such board shall be a body corporate, having full power to sue and be sued; in all suits the said body corporate shall be styled as "The Board of Trustees of the Community Lands of the People of Chaperito," and all process may be served on either member of the board of trustees. That all members of such board of trustees shall be inhabitants of and owners of lands within the limits of the said community lands of the people of Chaperito.
History:
Laws 1921, ch. 160, § 2; C.S. 1929, § 29-402; 1941 Comp., § 9-302; 1953 Comp., § 8-3-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 3 - Chaperito Grant › Section 49-3-3 - [First election of trustees.]

That upon the petition of ten or more inhabitants of and owners of land within the said community lands of the people of Chaperito, it shall be the duty of the board of county commissioners of the county of San Miguel to order an election to be held for the choice of a board of trustees for the said community lands of the people of Chaperito, [and] such board of county commissioners shall appoint three competent and disinterested persons qualified to vote under the provisions of this chapter to serve as judges of such election and shall, by proclamation printed at least once a week for two successive weeks in some newspaper of general circulation published in the said county of San Miguel, give notice of the time and place of such election and the objects thereof.
History:
Laws 1921, ch. 160, § 3; C.S. 1929, § 29-403; 1941 Comp., § 9-303; 1953 Comp., § 8-3-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— For the meaning of "this chapter",
see
compiler's notes to 49-3-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 3 - Chaperito Grant › Section 49-3-4 - [Election of successors; notice; terms of office.]

That within thirty days of the expiration of the terms of office of such board of trustees, it shall be the duty of such board of trustees to call an election for the choice of their successors; to fix the time and place for the holding of the same; to appoint qualified persons to act as judges thereof and to give notice of such election by posting not less than five notices in conspicuous places within the exterior limits of the said community lands of the said people of Chaperito for the length of time as specified in the preceding section [49-3-3 NMSA 1978]. That the terms of office of such members of such board of trustees shall be for the period of two years and the elections herein provided for shall be held on the first Monday in September of each alternate year, commencing with the first Monday in September, 1922; provided, however, that the trustees elected at the election called in accordance with Section 3 [49-3-3 NMSA 1978] shall hold office only until their successors are elected at the election to be held on the first day of September, 1922.
History:
Laws 1921, ch. 160, § 4; C.S. 1929, § 29-404; 1941 Comp., § 9-304; 1953 Comp., § 8-3-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 3 - Chaperito Grant › Section 49-3-5 - Elections; qualifications of electors; canvassing returns; oath.

At all the elections held under the provisions of this article, each actual inhabitant of the community lands of the people of Chaperito and the owners of land therein, who have reached the age of majority, shall be entitled to cast one vote in person, and the persons receiving the highest number of votes cast at any such election shall be the trustees of the community lands of the people of Chaperito for the period of two years as hereinbefore provided and until their successors are elected and qualified. At all elections held under the provisions of this article, the votes shall be canvassed and the result ascertained and determined by the outgoing board of trustees. Elections shall be conducted in a manner as near as possible to that of elections conducted under the Election Code [Chapter 1 NMSA 1978]. Each member of the board of trustees shall qualify within ten days after an election by filing with the secretary an oath subscribed by him to the effect that he will faithfully discharge the duties of his office, which oath shall be recorded in the minutes of the proceedings of the board.
History:
Laws 1921, ch. 160, § 5; C.S. 1929, § 29-405; 1941 Comp., § 9-305; 1953 Comp., § 8-3-5; Laws 1973, ch. 138, § 10.
ANNOTATIONS
Compiler's notes.
— The term "this article" refers to Laws 1921, ch. 160, §§ 1 to 9, compiled as 49-3-1 to 49-3-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 3 - Chaperito Grant › Section 49-3-6 - [Officers of board; duties; treasurer's bond; secretary only to be compensated.]

That the board of trustees shall choose from the members thereof, one president, one secretary and one treasurer. The president shall preside at all meetings of the board and act as the executive officer thereof. He shall sign all warrants for the payment of money and other instruments of writing requiring the corporate seal. The treasurer shall give bond to the state of New Mexico, in such sum as the board of trustees shall require, the same to be conditioned for the faithful performance of the duties of his office. The secretary shall keep a record of the proceedings of the board, which record shall be open to public inspection at all reasonable hours, to attest all warrants for the payment of money, and other instruments of writing requiring the signature of the president. No compensation shall be voted at any time to any trustee or to any officer thereof, save the secretary.
History:
Laws 1921, ch. 160, § 6; C.S. 1929, § 29-406; 1941 Comp., § 9-306; 1953 Comp., § 8-3-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 3 - Chaperito Grant › Section 49-3-7 - [Meetings of trustees; quorum; vacancies; expenditures; per diem for trustees in attendance.]

That the regular meetings of the board of trustees shall be held on the second Monday of each alternate month. Special meetings may be held at any time on the call of the president of the board. A majority of the board shall constitute a quorum for the transaction of business. All vacancies of the board shall be filled by the remaining, qualified members thereof, the persons appointed to fill such vacancies, to hold their offices until the election and qualification of their successors. All expenses for holding elections under the provisions of this chapter [and] all expenses necessary and proper, incurred in the exercise of the powers herein conferred, may be paid by the board of trustees out of any funds belonging to the said community lands of the people of Chaperito, and such members of the board of trustees shall be entitled to receive the sum of two dollars [($2.00)] per day for attending regular meetings, which amount may be paid by the board of trustees out of the funds belonging to the said community lands.
History:
Laws 1921, ch. 160, § 7; C.S. 1929, § 29-407; 1941 Comp., § 9-307; 1953 Comp., § 8-3-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— For the meaning of "this chapter",
see
compiler's notes to 49-3-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 3 - Chaperito Grant › Section 49-3-8 - [Powers of board of trustees enumerated.]

That the said board of trustees shall have the following powers:
A. to control and manage the said community lands of the people of Chaperito and prescribe rules and regulations for the administration thereof;
B. to prohibit all trespasses and depredations upon the same, or any part thereof;
C. to institute action of ejectment to recover the possession of said lands or any part thereof, and any other action or suit that may be necessary and proper in the exercises [exercise] of the powers herein conferred;
D. to pay all taxes and other expenses due on said community lands of the people of Chaperito;
E. to have a common seal;
F. to adopt all necessary rules and regulations for the management and control of the said lands and for the carrying out of the powers conferred in this chapter;
G. in case the income exceeds the expenses, to expend the balance in such improvements upon the said community lands as will be for the general benefit of the people residing within the said lands.
History:
Laws 1921, ch. 160, § 8; C.S. 1929, § 29-408; 1941 Comp., § 9-308; 1953 Comp., § 8-3-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— For the meaning of "this chapter",
see
compiler's notes to 49-3-1 NMSA 1978.
Cross references.
— For ejectment,
see
42-4-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 4 - Chilili Grant › Section 49-4-1 - Chilili land grant-merced; ratification of partitions; governance.

A. All apportionments or partitions of land on the grant of Chilili made by Inez Armenta as trustee or by his successors as trustees of the grant to the bona fide residents on the grant are hereby confirmed.
B. The government and control of the common lands of the Chilili land grant-merced, also known as la merced del pueblo de Chilili, is vested in five trustees, to be known officially as "the board of trustees of the Chilili land grant-merced", who shall manage and control the land grant-merced in accordance with the provisions of Chapter 49, Article 4 NMSA 1978.
History:
Laws 1876, ch. 51, § 1; Code 1915, § 839; C.S. 1929, § 29-501; 1941 Comp., § 9-401; 1953 Comp., § 8-4-1; 2007, ch. 145, § 1.
ANNOTATIONS
Compiler's notes.
— This article, identical with Article 4 of Chapter 22 of the 1915 Code, was not reenacted by its inclusion in that codification, but was compiled therein for convenience only.
The 2007 amendment,
effective July 1, 2007, added Subsection B.
General community land grant provisions inapplicable.
— The general statutes enacted in 1907 for management of community land grants, which provided for the sale of community lands, did not apply to the Chilili land grant, because of prior legislative provisions for management thereof contained in this article.
Merrifield v. Buckner
, 1937-NMSC-045, 41 N.M. 442, 70 P.2d 896.
No property interests in common lands conveyed.
— Absolutely no property interests in the common lands were conveyed to the individual residents of the Chilili Land Grant of 1841 by the 1909 patent from the United States.
Moya v. Chilili Coop. Ass'n
, 1974-NMSC-100, 87 N.M. 99, 529 P.2d 1220, cert. denied, 421 U.S. 965, 95 S. Ct. 1954, 44 L. Ed. 2d 452 (1975).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 73B C.J.S. Public Lands § 205.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 4 - Chilili Grant › Section 49-4-2 - Repealed.

History:
Laws 1876, ch. 51, § 2; Code 1915, § 840; C.S. 1929, § 29-502; 1941 Comp., § 9-402; 1953 Comp., § 8-4-2; repealed by Laws 2007, ch. 145, § 21.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 145, § 21 repealed 49-4-2 NMSA 1978, as enacted by Laws 1876, ch. 51, § 2, relating to the issuance of deeds, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 4 - Chilili Grant › Section 49-4-3 - Repealed.

History:
Laws 1876, ch. 51, § 3; 1899, ch. 47, § 1; Code 1915, § 841; C.S. 1929, § 29-503; 1941 Comp., § 9-403; Laws 1943, ch. 47, § 1; 1953 Comp., § 8-4-3; 2007, ch. 145, § 21.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 145, § 21 repealed 49-4-3 NMSA 1978, as enacted by Laws 1876, ch. 51, § 3, relating to the board of trustees, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 4 - Chilili Grant › Section 49-4-4 - Management of grant.

The Chilili land grant-merced shall be controlled and governed by the Treaty of Guadalupe Hidalgo, by the provisions of Chapter 49, Article 4 NMSA 1978 as a political subdivision of the state and by all provisions of its bylaws not in conflict with the Treaty of Guadalupe Hidalgo or state law.
History:
Laws 2007, ch. 145, § 3.
ANNOTATIONS
Cross references.
— For the Treaty of Guadalupe Hidalgo,
see
the territorial laws and treaties published after the New Mexico Constitution in the NMSA 1978.
Effective dates.
— Laws 2007, ch. 145, § 22 made Laws 2007, ch. 145, § 3 effective July 1, 2007.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 4 - Chilili Grant › Section 49-4-4.1 - Definitions.

As used in Chapter 49, Article 4 NMSA 1978:
A. "board of trustees" means the board of trustees of the Chilili land grant-merced;
B. "common lands" means lands owned by the Chilili land grant for the benefit of the heirs of the land grant-merced;
C. "heir" means a person who is a descendant of the original grantees and has an interest in the common land of the land grant-merced through inheritance, gift or purchase;
D. "land grant-merced" means the grant of land made by the government of Mexico to the town of Chilili in 1841, which was confirmed by congress in 1858 and issued a patent by the United States in 1909; and
E. "qualified voting member" means an heir who is registered to vote in the land grant-merced as prescribed in the land grant-merced bylaws.
History:
Laws 2007, ch. 145, § 2.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 145, § 22 made Laws 2007, ch. 145, § 2 effective July 1, 2007.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 4 - Chilili Grant › Section 49-4-6 - Board of trustees; qualifications.

The board of trustees shall consist of five members. If there is more than one precinct in the land grant-merced, no more than three members shall be residents of the same precinct; provided, however, that if the precinct boundaries do not coincide with the boundaries of the land grant-merced, the board of trustees may create districts that better reflect the distribution of population within the land grant-merced and that any one of which has no more than three members of the board of trustees as residents. 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.
History:
Laws 2007, ch. 145, § 5.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 145, § 22 made Laws 2007, ch. 145, § 5 effective July 1, 2007.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 4 - Chilili Grant › Section 49-4-8 - Election; votes required; canvassing votes.

A. The candidates receiving the most votes cast for the open seats on the board of trustees shall be elected to the board.
B. The election judges and board of trustees shall meet not later than seven days following the election and canvass the votes cast and issue to each candidate duly elected to a seat on the board a certificate of election.
History:
Laws 2007, ch. 145, § 7; 2011, ch. 112, § 2.
ANNOTATIONS
The 2011 amendment,
effective April 7, 2011, required a plurality of votes to be elected to the board of trustees and required that certificates of election be issued only to those candidates who are elected.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 4 - Chilili Grant › Section 49-4-9 - 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 of the land grant-merced 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 the duties as treasurer, execute and furnish to the board a good and sufficient surety bond, similar to the bond entered into by the predecessor.
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 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 2007, ch. 145, § 8; 2015, ch. 40, § 3.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, authorized land grant-merced funds to be deposited in a credit union; and, in Subsections A and C, after "bank", added "or credit union".
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 4 - Chilili Grant › Section 49-4-10 - 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 2007, ch. 145, § 9.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 145, § 22 made Laws 2007, ch. 145, § 9 effective July 1, 2007.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 4 - Chilili Grant › Section 49-4-11 - Quorum.

A majority of the members 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 pursuant to the provisions of Chapter 49, Article 4 NMSA 1978 and the land grant-merced bylaws.
History:
Laws 2007, ch. 145, § 10.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 145, § 22 made Laws 2007, ch. 145, § 10 effective July 1, 2007.