reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 8 - Recording › Section 14-8-15.1 - Repealed.

History:
Laws 2011, ch. 134, § 22; repealed by Laws 2019, ch. 130, § 4.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 130, § 4 repealed 14-8-15.1 NMSA 1978, as enacted by Laws 2011, ch. 134, § 22, relating to payment of fees, in-person filings, disposition, effective July 1, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 8 - Recording › Section 14-8-17 - Documents recorded without cost.

The county clerk shall record free of charge:
A. oaths of public office made pursuant to Article 20, Section 1 of the constitution of New Mexico;
B. the discharge papers of any person who was accepted for service and served in the armed forces of the United States for thirty days or more;
C. notices of state tax liens filed by the taxation and revenue department pursuant to Section 7-1-38 NMSA 1978;
D. tax delinquency lists filed by the county treasurer pursuant to Section 7-38-61 NMSA 1978;
E. notices and warrants issued by the secretary of workforce solutions for defaults on payments to the unemployment compensation administration fund filed pursuant to Section 51-1-36 NMSA 1978; and
F. a claim of lien under oath of the state engineer, artesian well supervisor or an officer of an artesian conservancy district filed pursuant to Section 72-13-8 NMSA 1978.
History:
Laws 1921, ch. 61, § 1; C.S. 1929, § 122-401; 1941, ch. 103, § 1; 1941 Comp., § 66-1501; 1953 Comp., § 74-2-1; 1987, ch. 217, § 1; 1978 Comp., § 28-13-16 recompiled as § 14-8-17 by Laws 2004, ch. 19, § 31; 2011, ch. 134, § 16; 2013, ch. 214, § 4.
ANNOTATIONS
Recompilations.
— Laws 2004, ch. 19, § 31 recompiled former 28-13-16 NMSA 1978 as 14-8-17 NMSA 1978.
The 2013 amendment,
effective June 14, 2013, required that state tax liens be filed; and added Subsection C.
The 2011 amendment,
effective July 1, 2011, required county clerks to record free of charge oaths of public office, tax delinquency lists, notices and warrants issued by the secretary of the workforce solutions department for defaults on payments to the unemployment compensation administration, and claims of lien of the state engineer, artesian well supervisor or officer of an artesian conservancy district.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 9 - Records Affecting Real Property › Section 14-9-4 - Filing for record; effect; reception book.

The time of the recording of an instrument shall be the time of its deposit in the office of the county clerk and his entry thereof in the reception book as herein provided. It shall be the duty of every county clerk immediately on the receipt for record of any deed, mortgage or other writing affecting the title to real estate, to enter the same by the name of the grantor, mortgagor or other persons [person] whose title is affected thereby, in a proper book, arranged in alphabetical or numerical order, to be known as the reception book, together with the date, hour and minute of such record. Any county clerk failing to make such entry immediately, shall be punished by a fine of one hundred dollars [($100)], and shall also be liable for damages to any person injured by such neglect, to the extent of such injury.
History:
Laws 1886-1887, ch. 10, § 4; C.L. 1897, § 3956; Laws 1899, ch. 22, § 1; 1913, ch. 84, § 1; Code 1915, § 4789; C.S. 1929, § 118-111; Laws 1939, ch. 179, § 3; 1941 Comp., § 13-204; 1953 Comp., § 71-2-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
Compiler's notes.
— The 1915 Code compilers substituted "county clerk" for "probate clerk."
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 9 - Records Affecting Real Property › Section 14-9-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 218, § 1 repealed 14-9-5 NMSA 1978, as enacted by Laws 1886-1887, ch. 10, § 5, relating to deed and mortgage records, effective June 19, 1987.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 9 - Records Affecting Real Property › Section 14-9-6 - [Wills not affected.]

None of the provisions of this chapter shall be so construed as to extend to last wills and testaments.
History:
Laws 1851-1852, p. 376; C.L. 1865, ch. 44, § 23; C.L. 1884, § 2770; C.L. 1897, § 3967; Code 1915, § 4794; C.S. 1929, § 118-118; 1941 Comp., § 13-208; 1953 Comp., § 71-2-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this chapter" were substituted for the words "this act" by the 1915 Code compilers and refer to chapter 97 of the 1915 Code, including §§ 4779 to 4803 thereof, compiled herein as 14-8-1, 14-8-2, 14-8-4 to 14-8-6, 14-8-9, 14-8-10, 14-8-14, 14-8-15, 14-9-1 to 14-9-6, 14-9-8, 14-10-1 to 14-10-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 9 - Records Affecting Real Property › Section 14-9-7 - Conveyances to state and public corporations; recording; filing in lieu of recording; maximum fee.

A. The state, the public boards and commissions thereof, municipalities, districts and subdivisions of the state, including conservancy and irrigation districts, shall be entitled to have instruments affecting real estate which have been made to them as grantees or vendees, including rights-of-way for roads, easements or other instruments affecting real estate, to be duly recorded in the offices of the county clerks and ex officio recorders of the various counties in which the real estate is situated.
B. The state, the public boards or commissions thereof, municipalities, districts or subdivisions of the state, including conservancy and irrigation districts, may file the original instruments affecting such real estate with the county clerk and ex officio recorder in the county where the property is situated, and such filings shall be properly indexed by the county clerk and ex officio recorder in the county, and such filings shall have the full legal effect of recording and be legal notice of the rights of the public entities or districts in and to said rights-of-way, easements or other interests conveyed or granted by the instruments affecting the real estate.
C. The county clerks and ex officio recorders shall be paid the statutory recording fee for each instrument recorded or filed and indexed under the terms of this section.
History:
Laws 1931, ch. 137, § 1; 1941 Comp., § 13-209; 1953 Comp., § 71-2-9; Laws 1961, ch. 77, § 1; 1987, ch. 233, § 1.
ANNOTATIONS
The 1987 amendment,
effective June 19, 1987, in Subsection C, substituted "the statutory recording fee" for "one dollar or one-half the statutory recording fee whichever is greater" and made minor language changes throughout the section.
Highway grants held properly filed.
— Grants to the state highway and transportation department [department of transportation] were properly filed with the full legal effect of a recording, even though the county clerk did not enter in the index book page numbers for the filings or otherwise record the grants as the clerk does for real estate transactions where the recording party is someone other than the state.
Lone Butte Corp. v. State
, 1991-NMSC-077, 112 N.M. 483, 816 P.2d 1105.
Warrants of employment security commission are not instruments made to commission as grantee or vendee.
They are instruments made by the commission as claimant of a lien. This section does not apply to warrants of the employment security commission. 1961 Op. Att'y Gen. No. 61-51.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 9 - Records Affecting Real Property › Section 14-9-8 - [Lost patent; recording certified copy; effect.]

Any person or persons who have acquired and hold any real estate by purchase or otherwise, and have lost or are unable to procure the original patent issued by the United States for such real estate, and such patent never having been recorded in the office of the county clerk of the county wherein such real estate is situated, may procure a certified copy of such patent from the recorder of the general land office of the United States, and have the same recorded in the same manner as the original patent therefor might have been recorded. And the record of such certified copy of the patent issued for such lands shall have the same force and effect as if the original patent therefor had been recorded.
History:
Laws 1909, ch. 18, § 1; Code 1915, § 4796; C.S. 1929, § 118-120; 1941 Comp., § 13-210; 1953 Comp., § 71-2-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 9 - Records Affecting Real Property › Section 14-9-9 - [Federal court judgment; county for filing; lien against realty.]

A transcript of any money judgment obtained in the United States district court for the district of New Mexico, may be filed in the office of the county clerk of any county, wherein the judgment debtor or debtors have property, and when so filed and entered in the judgment lien record of said county shall be a lien against the real estate of such judgment debtor or debtors within said county from the date of such filing and entry in such judgment lien record.
History:
Laws 1923, ch. 123, § 1; C.S. 1929, § 76-112; 1941 Comp., § 13-211; 1953 Comp., § 71-2-11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Only transcript of judgment docket, not of judgment, to be filed.
— The legislature meant a transcript of the judgment docket should be filed in the office of the county clerk, to be recorded by him in the judgment docket record in his office. It did not intend that a transcript of the judgment rendered by the United States district court should be filed.
Scott v. United States
, 1949-NMSC-072, 54 N.M. 34, 213 P.2d 216.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 9A - Uniform Real Property Electronic Recording Act › Section 14-9A-1 - Short title.

This act [14-9A-1 to 14-9A-7 NMSA 1978] may be cited as the "Uniform Real Property Electronic Recording Act".
History:
Laws 2007, ch. 261, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 261, § 8 made the Uniform Real Property Electronic Recording Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 9A - Uniform Real Property Electronic Recording Act › Section 14-9A-2 - Definitions.

As used in the Uniform Real Property Electronic Recording Act:
A. "document" means information that is:
(1) inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form; and
(2) eligible to be recorded in the land records maintained by a county clerk;
B. "electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities;
C. "electronic document" means a document that is received by a county clerk in an electronic form;
D. "electronic signature" means an electronic sound, symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document;
E. "person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity; and
F. "state" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
History:
Laws 2007, ch. 261, § 2.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 261, § 8 made the Uniform Real Property Electronic Recording Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 9A - Uniform Real Property Electronic Recording Act › Section 14-9A-3 - Validity of electronic documents.

A. If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium or be in writing, the requirement is satisfied by an electronic document satisfying the Uniform Real Property Electronic Recording Act.
B. If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.
C. A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed or made under oath is satisfied if the electronic signature of the person authorized to perform that act and all other information required to be included is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression or seal need not accompany an electronic signature.
History:
Laws 2007, ch. 261, § 3.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 261, § 8 made the Uniform Real Property Electronic Recording Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 9A - Uniform Real Property Electronic Recording Act › Section 14-9A-4 - Recording of documents.

A. In this section, "paper document" means a document that is received by the county clerk in a form that is not electronic.
B. A county clerk:
(1) who implements any of the functions listed in this section shall do so in compliance with standards established by the information technology commission and the state commission of public records, in consultation with the county clerks of New Mexico, pursuant to Section 5 [14-9A-5 NMSA 1978] of the Uniform Real Property Electronic Recording Act;
(2) may receive, index, store, archive and transmit electronic documents;
(3) may provide for access to and for search and retrieval of documents and information by electronic means;
(4) who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index;
(5) may convert paper documents accepted for recording into electronic form;
(6) may convert into electronic form information recorded before the county clerk began to record electronic documents;
(7) may accept electronically any fee that the county clerk is authorized to collect; and
(8) may agree with other officials of a state, of a political subdivision of a state or of the United States on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees.
History:
Laws 2007, ch. 261, § 4.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 261, § 8 made the Uniform Real Property Electronic Recording Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 9A - Uniform Real Property Electronic Recording Act › Section 14-9A-5 - Administration and standards.

A. The information technology commission and the state commission of public records, in consultation with the county clerks of New Mexico, shall adopt standards to implement the Uniform Real Property Electronic Recording Act.
B. To keep the standards and practices of county clerks in this state in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially the Uniform Real Property Electronic Recording Act and to keep the technology used by county clerks in this state compatible with technology used by recording offices in other jurisdictions that enact substantially the Uniform Real Property Electronic Recording Act, the information technology commission and the state commission of public records, in consultation with the county clerks of New Mexico, so far as is consistent with the purposes, policies and provisions of the Uniform Real Property Electronic Recording Act, in adopting, amending and repealing standards shall consider:
(1) standards and practices of other jurisdictions;
(2) the most recent standards promulgated by national standard-setting bodies, such as the property records industry association;
(3) the views of interested persons and governmental officials and entities;
(4) the needs of counties of varying size, population and resources; and
(5) standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved and resistant to tampering.
C. The secretary of state may adopt and promulgate rules to implement the provisions of Subsection C of Section 14-9A-3 NMSA 1978 by providing for the electronic notarization, acknowledgment, verification, swearing or affirming under oath and other notarial acts by notaries public with respect to a document or signature.
History:
Laws 2007, ch. 261, § 5; 2008, ch. 28, § 1.
ANNOTATIONS
The 2008 amendment,
effective May 14, 2008, in Subsection C, changed the reference from "Section 3 of the Uniform Electronic Recording Act" to "Section 14-9A-3 NMSA 1978".
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 9A - Uniform Real Property Electronic Recording Act › Section 14-9A-6 - Uniformity of application and construction.

In applying and construing the Uniform Real Property Electronic Recording Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
Laws 2007, ch. 261, § 6.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 261, § 8 made the Uniform Real Property Electronic Recording Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 9A - Uniform Real Property Electronic Recording Act › Section 14-9A-7 - Relation to Electronic Signatures in Global and National Commerce Act.

The Uniform Real Property Electronic Recording Act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act but does not modify, limit or supersede Section 101(c) of that act or authorize electronic delivery of any of the notices described in Section 103(b) of that act.
History:
Laws 2007, ch. 261, § 7.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 261, § 8 made the Uniform Real Property Electronic Recording Act effective July 1, 2007.
Cross references.
— For the federal Electronic Signatures in Global and National Commerce Act,
see
15 U.S.C. § 7001.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 10 - Index of Records › Section 14-10-1 - Index.

For the convenience of the public and the better preservation of titles to real property, there shall be a complete and accurate county recording index made of all instruments of record affecting real property made by the county clerk of each county.
History:
Laws 1903, ch. 87, § 1; Code 1915, § 4798; C.S. 1929, § 118-122; 1941 Comp., § 13-301; 1953 Comp., § 71-3-1; 2013, ch. 214, § 5.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, required county clerks to maintain a county recording index; added the title; at the beginning of the section, deleted "That whenever in the opinion of the board of county commissioners of any county in the state it is necessary"; after "titles to real property", deleted "to have" and added "there shall be"; after "accurate", added "county recording"; and after "affecting real property", deleted "they are hereby authorized to have such index".
Private individual not authorized to make index.
— Under this section, county commissioners are not authorized to employ a private individual to make the index.
Fancher v. Board of Comm'rs
, 1921-NMSC-039, 28 N.M. 179, 210 P. 237.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 66 Am. Jur. 2d Records and Recording Laws §§ 89 to 96.
76 C.J.S. Records § 9 et seq.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 10 - Index of Records › Section 14-10-2 - Index books.

For the purpose of the county recording index created pursuant to Section 14-10-1 NMSA 1978, the county clerk shall maintain a searchable database, which may include index books, and all instruments affecting title to real estate shall be indexed.
History:
Laws 1903, ch. 87, § 2; Code 1915, § 4799; C.S. 1929, § 118-123; 1941 Comp., § 13-302; 1953 Comp., § 71-3-2; 2013, ch. 214, § 6.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, required county clerks to maintain a searchable database, including index books; added the title; after "purpose of the", added "county recording"; after "county recording index", deleted "mentioned in the preceding" and added "created pursuant to", after "Section", deleted "there shall be provided index books" and added "14-10-1 NMSA 1978, the county clerk shall maintain a searchable database, which may include index books"; and after "shall be indexed", deleted "in their regular order alphabetically arranged, as well as in their reverse order in the same manner".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Failure to properly index conveyance or mortgage of realty as affecting constructive notice, 63 A.L.R. 1057.
76 C.J.S. Records § 9 et seq.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 10 - Index of Records › Section 14-10-3 - County recording index; required fields.

The county recording index shall contain, at a minimum:
A. the following administrative fields:
(1) the book and page or instrument number; and
(2) the date and time of recordation; and
B. the following descriptive fields:
(1) the name of the grantor or grantors;
(2) the name of the grantee or grantees; and
(3) legal descriptions, references to recorded instruments in the county containing legal descriptions and miscellaneous information.
History:
Laws 1903, ch. 87, § 3; Code 1915, § 4800; C.S. 1929, § 118-124; 1941 Comp., § 13-303; 1953 Comp., § 71-3-3; 2013, ch. 214, § 7.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, standardized county recording indexes; added the title; at the beginning of the section, after "The", deleted "said" and added "county recording"; after "index shall", deleted "be ruled and headed in the same manner and form substantially as shown on the following form"; deleted the model form and added "contain, at a minimum"; and added Subsections A and B.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 10 - Index of Records › Section 14-10-4 - Entries to the index; description of lands.

Each name, descriptor or reference placed in a descriptive field constitutes a separate entry in the county recording index. All real property or lands shall be entered and described in the county recording index in the manner indicated, according to numbers, metes or bounds; provided that where this is impossible from the nature of the description, the tract or tracts may be described by some appropriate title.
History:
Laws 1903, ch. 87, § 4; Code 1915, § 4801; C.S. 1929, § 118-125; 1941 Comp., § 13-304; 1953 Comp., § 71-3-4; 2013, ch. 214, § 8.
ANNOTATIONS
Cross references.
— For record of survey requirements,
see
Section 61-23-28.2 NMSA 1978.
The 2013 amendment,
effective June 14, 2013, standardized county recording procedures; added the title; added the first sentence; in the second sentence, at the beginning of the sentence, after "All", deleted "town" and added "real"; after "described in the", deleted "said" and added "county recording"; and after "some appropriate title", deleted "or the owner's name".
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 10 - Index of Records › Section 14-10-5 - Standard form.

The form of county recording index provided in Chapter 14, Article 10 NMSA 1978 shall be the standard form of index and shall be used throughout the state.
History:
Laws 1903, ch. 87, § 5; Code 1915, § 4802; C.S. 1929, § 118-126; 1941 Comp., § 13-305; 1953 Comp., § 71-3-5; 2013, ch. 214, § 9.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, standardized county recording forms; added the title; at the beginning of the section, after "The form of ", added "county recording"; and after "provided in", deleted "the two preceding Sections" and added "Chapter 14, Article 10 NMSA 1978".
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 11 - Publication of Notice › Section 14-11-1 - "Legal notices and advertisements" defined.

Any notice or other written matter whatsoever required to be published in a newspaper by any law of this state, or by the order of any court of record of this state, shall be deemed and held to be a legal notice or advertisement within the meaning of this act [14-11-1 to 14-11-4, 14-11-7, 14-11-8 NMSA 1978].
History:
Laws 1937, ch. 167, § 1; 1941 Comp., § 12-201; 1953 Comp., § 10-2-1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 58 Am. Jur. 2d Notice § 23.
Validity of legislation relating to publication of legal notices, 26 A.L.R.2d 655.
66 C.J.S. Notice § 2.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 11 - Publication of Notice › Section 14-11-3 - [Frequency of newspaper's publication; effect.]

Except as otherwise provided by law in express terms or by necessary implication, daily, weekly, semiweekly and triweekly newspapers shall all be equally competent as media for the publication of all legal notices and advertisements.
History:
Laws 1937, ch. 167, § 4; 1941 Comp., § 12-203; 1953 Comp., § 10-2-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 11 - Publication of Notice › Section 14-11-4 - Proof of publication.

Proof of the publication of any such legal notice or advertisement may be made by the affidavit of the printer, business manager, editor, publisher or proprietor of the newspaper in which the publication is made, or by any other competent person who has personal knowledge of the essential facts, which affidavit, in addition to the other matters required by law to be set forth therein, shall state that such notice or advertisement was published in a newspaper duly qualified for that purpose within the meaning of this act [14-11-1 to 14-11-4, 14-11-7, 14-11-8 NMSA 1978], and that payment therefore has been made or assessed as court costs.
History:
Laws 1937, ch. 167, § 3; 1941 Comp., § 12-204; 1953 Comp., § 10-2-4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 58 Am. Jur. 2d Newspapers, Periodicals, and Press Associations § 54.
66 C.J.S. Newspapers § 19.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 11 - Publication of Notice › Section 14-11-5 - [Affidavit of proof; contents.]

Proof of the publication of any notice required by law to be published shall be made by the publisher, editor or business manager of the newspaper in which said notice is published, making an affidavit, which affidavit shall recite the name of the newspaper in which said notice is published and the date or dates upon which said publication is made; there shall also be attached to said affidavit a copy of the notice as published, which copy when so attached to said affidavit shall be taken and considered as part of the affidavit of publication.
History:
Laws 1931, ch. 120, § 1; 1941 Comp., § 12-205; 1953 Comp., § 10-2-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The initial language of this section may be superseded by Laws 1937, ch. 167, § 3.
See
14-11-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 11 - Publication of Notice › Section 14-11-6 - [Filing affidavit of publication; evidential value.]

Any officer, board, commission or party to any legal proceeding required to publish any notice required by law shall obtain and file in his or its office, or with the clerk of the court in which any suit or legal proceeding is pending, as the case may require, the affidavit of publication referred to in Section one [14-11-5 NMSA 1978] hereof. Such affidavit so filed shall be prima facie evidence of the facts therein stated as to such publication.
History:
Laws 1931, ch. 120, § 2; 1941 Comp., § 12-206; 1953 Comp., § 10-2-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 11 - Publication of Notice › Section 14-11-7 - Rates for legal notice or advertisement; costs.

For publication of all legal notices or advertisements that a governmental entity is required by law or the order of any court of record in this state to publish in newspapers, the publishers shall be paid a reasonable rate, to be set by rule or regulation of the secretary of general services. Changes in economic conditions within the newspaper industry, the general economy and inflation shall be considered in determining a reasonable rate.
The clerk of any court in the state or any public trustee, county treasurer or other public officer required by law to publish legal notices or advertisements shall tax the cost of publishing notices or advertisements, as prescribed in this section, as part of the costs of the cause or proceeding and shall collect for publication before the cause or proceeding is closed and shall remit to the publisher the proper cost of the legal notices or advertisements.
History:
Laws 1937, ch. 167, § 5; 1941 Comp., § 12-207; Laws 1947, ch. 188, § 1; 1953 Comp., § 10-2-7; Laws 1957, ch. 103, § 1; 1965, ch. 62, § 1; 1975, ch. 238, § 1; 1980, ch. 149, § 1; 1981, ch. 202, § 1; 1991, ch. 207, § 1; 1993, ch. 35, § 1.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, substituted the language beginning "paid a reasonable rate" at the end of the first paragraph for provisions specifying the rates allowed to be charged.
The 1991 amendment,
effective June 14, 1991, amended the section to restrict its scope to legal advertisements and notices of governmental entities.
Generally.
— A newspaper was permitted a maximum charge of 12 cents a column line for the first publication whether this was the only publication or merely the first in a series of publications, and, of course, a charge of 10 cents a line after the first publication, whether there be one or more such subsequent publications. 1958 Op. Att'y Gen. No. 58-04.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 58 Am. Jur. 2d Newspapers, Periodicals, and Press Associations § 60.
20 C.J.S. Costs § 94 et seq.; 66 C.J.S. Newspapers § 20.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 11 - Publication of Notice › Section 14-11-8 - [Violation of legal publication law; penalty.]

Violation of any of the foregoing provisions [14-11-1 to 14-11-4, 14-11-7 NMSA 1978] shall be deemed a misdemeanor and upon conviction thereof, such violator or violators shall be punished by a fine of not less than $100, nor more than $500.
History:
Laws 1937, ch. 167, § 6; 1941 Comp., § 12-208; 1953 Comp., § 10-2-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 66 C.J.S. Newspapers § 22.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 11 - Publication of Notice › Section 14-11-9 - [Legal publications by county, municipality or school district; payment.]

All publications required to be made by any county or incorporated city, town or village, or by any board of education or school directors, or by any officer thereof, shall be paid for out of the general fund of such county, city, town or village. Provided: that the cost of such publications pertaining to school matters shall be paid out of school funds.
History:
Laws 1912, ch. 49, § 10; Code 1915, § 4652; C.S. 1929, § 113-108; 1941 Comp., § 12-209; 1953 Comp., § 10-2-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For publication of municipal and school board expenditures,
see
10-17-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 11 - Publication of Notice › Section 14-11-10.1 - Legal notices; simple description also required.

In order to allow the general public to determine the location of real property being described in a legal notice, all legal notices containing a legal description of real property shall also contain a simple description of the real property in commonly used terms sufficient to indicate its location in relation to roads, towns, streets, neighborhoods, or other fixed objects.
History:
1978 Comp., § 14-11-10.1, enacted by Laws 1987, ch. 28, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 12 Am. Jur. 2d Boundaries §§ 6 to 9.
11 C.J.S. Boundaries § 23 et seq.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 11 - Publication of Notice › Section 14-11-10.2 - Electronic posting of legal notices.

A. Legal notices and advertisements of a state agency shall be posted on the state agency's web site. If a county, municipality, board of education or other political subdivision of the state has a web site, it shall post its legal notices and advertisements on its web site. Electronic posting is not a substitute for required publication of legal notices and advertisements, and failure to electronically post shall not constitute grounds to challenge, void, set aside or otherwise delay a proceeding properly noticed and advertised pursuant to nonelectronic notice requirements.
B. Electronically posted legal notices and advertisements shall be indexed in such a way that the general public is able to easily find a particular legal notice or advertisement by subject.
History:
Laws 2003, ch. 186, § 1.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 186 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 11 - Publication of Notice › Section 14-11-11 - [County and municipal boards and officers; publication of proceedings; language requirements.]

All publications of proceedings of boards of county commissioners, city and town councils, boards of trustees, boards of education or school directors and of all other officers of any county, municipality, district or other subdivision of the state, which are required by law to be made shall be published once only. In all counties, cities or towns, in which the publication [population] is not less than seventy-five percent English speaking, the publication of such notices in English shall be sufficient; that in all counties, cities and towns, in which the population is not less than seventy-five percent Spanish speaking, the publication of such notices in the Spanish language shall be sufficient; that in all counties, cities and towns, in which the publication [population] using either language is between twenty-five percent and seventy-five percent of the whole, such notices shall be published in both English and Spanish, provided, there be legal newspapers published in both languages in the county, city or town, by different publishers, otherwise, publication in either language shall be sufficient. And, provided further, that in case of question, or disagreement, as to the percentage of the population of any county, city or town, using either language, the district judge of the judicial district of which such county, city or town, is a part, shall determine such percentage upon such information as he may have, without special investigation in the matter, and his opinion and determination thereon shall be conclusive.
History:
Laws 1912, ch. 49, § 6; Code 1915, § 4648; Laws 1919, ch. 72, § 1; 1923, ch. 148, § 1431; C.S. 1929, § 113-104; 1941 Comp., § 12-212; 1953 Comp., § 10-2-11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— That part of this section which concerns the publication of school board proceedings was repealed by Laws 1923, ch. 148, § 1431.
But see
N.M. Const., art. IV, § 18, requiring that each section revised, amended or extended be set out in full.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 20 C.J.S. Counties §§ 73, 74; 62 C.J.S. Municipal Corporations § 409; 78 C.J.S. Schools and School Districts §§ 153, 154.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 11 - Publication of Notice › Section 14-11-12 - [Publication in lieu of posting.]

All legal process against nonresidents, unknown or absent parties, notices of sale of real estate under foreclosure of mortgages or executions, trespass warnings and other documents, the publication of which is required by law to be made by posting written or printed notices in public places, may be published instead of being pasted up, in English and Spanish, in some newspaper published in the county, if there be one, if not, then in some newspaper published in some other county of the state for the same length of time it may be required to be posted, and when so published it shall not be necessary to post such notices in public places: provided, that the person who may have to pay for such publication shall have the right to designate the newspaper in which the same may be published: and provided, further, that no newspaper shall be allowed to charge more than the price fixed by law to be charged for legal advertisements.
History:
Laws 1891, ch. 46, § 1; C.L. 1897, § 3114a; Code 1915, § 2197; C.S. 1929, § 46-108; 1941 Comp., § 12-213; 1953 Comp., § 10-2-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— This section may be superseded for the most part by 14-11-10 NMSA 1978, but trespass notices, at least, are probably still subject to its provisions.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 58 Am. Jur. 2d Notice § 38.
66 C.J.S. Notice § 18.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 11 - Publication of Notice › Section 14-11-13 - Official Spanish newspapers.

For the purpose of publishing legal notices in Spanish as required by law for any agencies of the state, the
Santa Rosa News
published at Santa Rosa, the
Santa Fe New Mexican
and the
Santa Fe News
, both published at Santa Fe,
El Hispano
and
El Semanario de Nuevo Mexico
, both published at Albuquerque, the
Alpha News
published at Las Vegas, the
Rio Grande Sun
published at Espanola, the
Taos News
published at Taos, the
Camino Real
published at Santa Fe and
Mas New Mexico
published at Santa Fe and Albuquerque are recognized as official Spanish language newspapers of this state.
History:
1953 Comp., § 10-2-13, enacted by Laws 1965, ch. 254, § 1; 1967, ch. 114, § 1; 1978 Comp., § 14-11-13; 2009, ch. 77, § 1; 2011, ch. 43, § 1; 2023, ch. 187, § 1.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, after "the Taos News published at Taos", added "the
Camino Real
published at Santa Fe".
The 2011 amendment,
effective July 1, 2011, added the
El Semanario de Nuevo Mexico
to the list of official Spanish language newspapers.
The 2009 amendment,
effective June 19, 2009, added "and
Mas New Mexico
published at Santa Fe and Albuquerque".
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12 - Notaries Public (Repealed.) › Section 14-12-1 to 14-12-20 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2003, ch. 286, § 27 repealed 14-12-1 to 14-12-20 NMSA 1978, effective July 1, 2003, relating to notaries public. For provisions of former sections,
see
the 2002 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-1 - Repealed.

History:
Laws 2003, ch. 286, § 1; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-12A-1 NMSA 1978, as enacted by Laws 2003, ch. 286, § 1, relating to short title, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-2 - Repealed.

History:
Laws 2003, ch. 286, § 2; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals. —
Laws 2021, ch. 21, § 36 repealed 14-12A-2 NMSA 1978, as enacted by Laws 2003, ch. 286, § 2, relating to definitions, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-3 - Repealed.

History:
Laws 2003, ch. 286, § 3; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-12A-3 NMSA 1978, as enacted by Laws 2003, ch. 286, § 3, relating to qualifications, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-4 - Repealed.

History:
Laws 2003, ch. 286, § 4; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-12A-4 NMSA 1978, as enacted by Laws 2003, ch. 286, § 4, relating to application, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-5 - Repealed.

History:
Laws 2003, ch. 286, § 5; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-12A-5 NMSA 1978, as enacted by Laws 2003, ch. 286, § 5, relating to appointment, term, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-6 - Repealed.

History:
Laws 2003, ch. 286, § 6; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-12A-6 NMSA 1978, as enacted by Laws 2003, ch. 286, § 6, relating to reappointment, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-7 - Repealed.

History:
Laws 2003, ch. 286, § 7; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-12A-7 NMSA 1978, as enacted by Laws 2003, ch. 286, § 7, relating to powers and prohibitions, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-8 - Repealed.

History:
Laws 2003, ch. 286, § 8; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-12A-8 NMSA 1978, as enacted by Laws 2003, ch. 286, § 8, relating to refusal to notarize, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-9 - Repealed.

History:
Laws 2003, ch. 286, § 9; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-12A-9 NMSA 1978, as enacted by Laws 2003, ch. 286, § 9, relating to surety bond and duties of surety, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-10 - Repealed.

History:
Laws 2003, ch. 286, § 10; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-12A-10 NMSA 1978, as enacted by Laws 2003, ch. 286, § 10, relating to avoidance of influence, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-11 - Repealed.

History:
Laws 2003, ch. 286, § 11; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-12A-11 NMSA 1978, as enacted by Laws 2003, ch. 286, § 11, relating to false or incomplete certificate, authenticating documents in absence of principal, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-12 - Repealed.

History:
Laws 2003, ch. 286, § 12; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-12A-12 NMSA 1978, as enacted by Laws 2003, ch. 286, § 12, relating to improper documents, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-13 - Repealed.

History:
Laws 2003, ch. 286, § 13; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-12A-13 NMSA 1978, as enacted by Laws 2003, ch. 286, § 13, relating to intent to deceive, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-14 - Repealed.

History:
Laws 2003, ch. 286, § 14; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-12A-14 NMSA 1978, as enacted by Laws 2003, ch. 286, § 14, relating to testimonials, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-15 - Repealed.

History:
Laws 2003, ch. 286, § 15; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-12A-15 NMSA 1978, as enacted by Laws 2003, ch. 286, § 15, relating to unauthorized practice of law, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-16 - Repealed.

History:
Laws 2003, ch. 286, § 16; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-12A-16 NMSA 1978, as enacted by Laws 2003, ch. 286, § 16, relating to fees, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-17 - Repealed.

History:
Laws 2003, ch. 286, § 17; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-12A-17 NMSA 1978, as enacted by Laws 2003, ch. 286, § 17, relating to official signature, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.