2023 New Mexico Statutes › Chapter 69 - Mines › Article 3 - Mining Locations and Operations › Section 69-3-28 - [Termination of lease; thirty days' notice.]

Hereafter any lease upon any mine, or portion of a mine, not given in writing, for a specified time, shall not be terminated until after notice of the date of such termination, given by the lessor to the lessee, not less than thirty days prior to such date of termination.
History:
Laws 1891, ch. 73, § 1; C.L. 1897, § 2358; Code 1915, § 3519; C.S. 1929, § 88-706; 1941 Comp., § 67-222; 1953 Comp., § 63-2-22.
ANNOTATIONS
Cross references.
— For release from record upon mineral lease forfeiture,
see
70-1-3 to 70-1-5 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Mines and Minerals §§ 221, 226 et seq.
Different tracts belonging to same owner and covered by single lease, duty to develop each tract, 11 A.L.R. 138.
What are minerals within deed, lease or license, 17 A.L.R. 156, 86 A.L.R. 983.
Mistake in lease, as ground for relief, 26 A.L.R. 472, 163 A.L.R. 878.
Time for payments necessary to exercise of option or avoidance of forfeiture when date fixed falls on Sunday, 29 A.L.R. 241.
Cancellation of lease of mineral rights because of forfeiture, 60 A.L.R. 922, 76 A.L.R.2d 721.
Covenant in mining lease to develop property as affected by provision for delay rental, 67 A.L.R. 221.
Distinction between "unless" and "or" lease, 67 A.L.R. 223.
Acquisition by assignee or sublessee of lessee in mining lease of rights inconsistent with those reserved by lessee, effect of, 69 A.L.R. 936.
Sublessee's right to take lease from lessor after expiration of lease to sublessor, 75 A.L.R. 847.
Estoppel by acquiescence in improvements by lessee to assert antagonistic title or interest, 76 A.L.R. 317.
Minimum obligation placed on lessee by provision in mining lease as maximum measure of his right, 76 A.L.R. 836.
Development of land and payment of royalty as affected by assignment of lease or sublease as to a portion of the land, 82 A.L.R. 1273.
Assignment of lease or sublease as to a portion of the land as affecting rights and duties as to development of the land, 82 A.L.R. 1279.
Surviving partner, or member of joint adventure, power of, to grant or sell mineral rights in land belonging to partnership or joint adventure, 89 A.L.R. 588.
Forcible entry and detainer, or unlawful detainer, as applicable in case of "lease" of minerals, 107 A.L.R. 661.
Buildings erected by tenant for use in connection with mining lease as trade fixtures, 107 A.L.R. 1155.
Mistake as to existence, practicability of removal or amount of minerals as ground for relief from lease, 163 A.L.R. 878.
Right of co-lessor in community oil or gas lease to lessen production and royalties under such lease by operations on land not covered thereby or released therefrom, 167 A.L.R. 1225.
Rights and remedies of owner or lessee of oil or gas land or mineral or royalty interest therein in respect of waste of oil or gas through operations on other lands, 4 A.L.R.2d 198.
Right of mineral lessee to deposit top soil, waste materials and the like upon lessor's additional land not being mined, 26 A.L.R.2d 1453.
Construction and effect of provision in mineral lease excusing payment of mineral rent or royalty, 28 A.L.R.2d 1013.
Relief against forfeiture of lease for nonpayment of rent, 31 A.L.R.2d 321.
Royalty as realty or personal property, 68 A.L.R.2d 728.
58 C.J.S. Mines and Minerals § 173.