reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 12 - RELATING TO THE APPROPRIATION OF WATER FROM STATE TRUST LANDS › Section 19.2.12.10 - ASSIGNMENTS OF CONSENT - APPLICATION - FEE

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner's consent to the appropriation or use of
				  water from state trust lands may be assigned with the commissioner's prior
				  approval subject to the terms and conditions of the consent. The application
				  fee for approval of an assignment is as set forth in the schedule of
				  fees.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 12 - RELATING TO THE APPROPRIATION OF WATER FROM STATE TRUST LANDS › Section 19.2.12.11 - WATER EASEMENTS UNDER PRIOR RULES

Current through Register Vol. 35, No. 13, July 16, 2024
Water easements issued under prior rules of the New Mexico
				  state land office shall be governed by the rules in effect at their issuance
				  until the expiration of their current term, at which time renewal shall be
				  subject to the most recent rules in effect.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 13 - RELATING TO THE SALE OF TIMBER ON STATE LANDS › Section 19.2.13.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Commissioner of Public Lands, New Mexico State Land Office,
				  310 Old Santa Fe Trail, P. O. Box 1148, Santa Fe, New Mexico 87501, Phone:
				  (505)827-5713
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 13 - RELATING TO THE SALE OF TIMBER ON STATE LANDS › Section 19.2.13.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This Rule pertains to all timber and timber products, except
				  dead and down timber, on those lands held in trust by the commissioner of
				  public lands under the terms of the Enabling Act and subsequent legislation
				  (trust lands). This Rule governs harvest and sales of timber and timber
				  products on trust lands subsequent to the date of this Rule.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 13 - RELATING TO THE SALE OF TIMBER ON STATE LANDS › Section 19.2.13.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner's authority to manage the trust lands is
				  found in N.M. Const., Art. XIII, and in Section
				  19-1-1
				  NMSA 1978. The authority to promulgate this Rule is found in Section
				  19-1-2
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 13 - RELATING TO THE SALE OF TIMBER ON STATE LANDS › Section 19.2.13.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 20, 1984, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 13 - RELATING TO THE SALE OF TIMBER ON STATE LANDS › Section 19.2.13.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 19.2.13 NMAC is to provide for the orderly
				  and lawful administration, and the appropriate harvest and sale of timber and
				  timber resources on trust lands.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 13 - RELATING TO THE SALE OF TIMBER ON STATE LANDS › Section 19.2.13.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"
Schedule of fees
" means a list of fees that
				  must be paid for performance of certain administrative functions. The schedule
				  of fees shall be published on the state land office website and is subject to
				  change at the discretion of the commissioner. Unless otherwise noted in the
				  schedule of fees or in this rule, the fee shall be
				  non-refundable.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 13 - RELATING TO THE SALE OF TIMBER ON STATE LANDS › Section 19.2.13.8 - POLICY

Current through Register Vol. 35, No. 13, July 16, 2024
The general policy of the New Mexico state land office is to
				  manage the timber resources of the state on a basis of sustained yield and
				  according to standards that will protect the timber and timber products and the
				  watersheds of the state. Timber contracts in all cases must reflect this
				  policy.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 13 - RELATING TO THE SALE OF TIMBER ON STATE LANDS › Section 19.2.13.9 - TIMBER SALES - HOW MADE

Current through Register Vol. 35, No. 13, July 16, 2024
Sales of state timber and timber products may be made only at
				  public auction at the county seat of the county wherein the same are situated,
				  and after advertisement of sale by publication for 10 weeks in a newspaper
				  regularly published in the city of Santa Fe, and concurrently in a newspaper
				  regularly published in the county wherein the lands are situated. Provided,
				  however, that the commissioner may issue permits for the sale of dead and down
				  firewood without advertising such sale. A public auction will not be required
				  on the sale or issuance of permits for dead and down firewood. Ordinarily,
				  timber will be sold upon application by a prospective purchaser (and the
				  commissioner's concurrence) except that the commissioner reserves the right to
				  offer such timber for sale as the commissioner deems to be in the best interest
				  of the trust.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 13 - RELATING TO THE SALE OF TIMBER ON STATE LANDS › Section 19.2.13.10 - TIMBER SALES - APPRAISEMENT AND RECOMMENDATIONS OF THE REPRESENTATIVE OF THE NEW MEXICO STATE LAND OFFICE

Current through Register Vol. 35, No. 13, July 16, 2024
Merchantable timber on state trust land will ordinarily be
				  sold only after appraisement, report and recommendation of a representative of
				  the New Mexico state land office. The representative may be an employee of the
				  New Mexico state land office, of the U. S. forest service or of the New Mexico
				  state forestry division of the natural resources department, by request of the
				  commissioner, under cooperative agreement.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 13 - RELATING TO THE SALE OF TIMBER ON STATE LANDS › Section 19.2.13.11 - APPLICATION TO PURCHASE TIMBER

Current through Register Vol. 35, No. 13, July 16, 2024
Each application to purchase timber on state trust land must
				  be accompanied by the application fee as set forth in the schedule of fees and
				  a five hundred dollar ($500.00) deposit, unless a different deposit sum is
				  required to cover the expenses of appraisal, advertising and sale. The
				  advertisement will specify time, date and place of public sale, together with
				  the description of the lands containing timber to be sold.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 13 - RELATING TO THE SALE OF TIMBER ON STATE LANDS › Section 19.2.13.12 - BIDDERS MUST BE QUALIFIED

Current through Register Vol. 35, No. 13, July 16, 2024
In order to be qualified as a bidder at a public sale of
				  state-owned timber, a person must have complied with and met all conditions and
				  requirements prescribed in the notice of sale, which shall include filing an
				  application to purchase and payment of the application fee in accordance with
				  19.2.13.11
				  NMAC, and must have deposited with the commissioner, or the commissioner's
				  agent conducting the sale, an amount as set forth in the notice of sale, in
				  cash or certified check, prior to the opening of the sale. If the applicant or
				  any other qualified bidder is not the successful bidder, the applicant's or any
				  other qualified bidder's deposit will be refunded. If the cost of sale exceeds
				  the deposit, the successful bidder shall pay the difference before receiving
				  the successful bidder's timber contract. If the costs of sale are less than the
				  initial deposit, the successful bidder will be refunded or credited the
				  difference at the successful bidder's option.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 13 - RELATING TO THE SALE OF TIMBER ON STATE LANDS › Section 19.2.13.13 - NO PREFERENCE RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
State-owned timber is sold at public auction to the highest
				  and best bidder. There is no preference right of any kind accorded to any
				  person or persons in awarding state timber contracts.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 13 - RELATING TO THE SALE OF TIMBER ON STATE LANDS › Section 19.2.13.14 - THE SUCCESSFUL BIDDER - CONTRACT BOND

Current through Register Vol. 35, No. 13, July 16, 2024
The highest and successful bidder shall sign the regular New
				  Mexico state land office timber agreement form, as may be amended or changed in
				  the best interest of the trust. Before the commissioner executes the contract,
				  the successful bidder shall post a corporate surety bond (in such an amount as
				  may be required by the commissioner) countersigned by an authorized New Mexico
				  resident agent of a bonding company authorized to do business in the state of
				  New Mexico. Such bond shall be conditioned upon faithful performance by the
				  purchaser of the terms and provisions of the timber sale
				  contract.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 13 - RELATING TO THE SALE OF TIMBER ON STATE LANDS › Section 19.2.13.15 - TIMBER SALE CONTRACTS - PAYMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Timber contracts may be issued for a period of five (5) years
				  or less unless the same be canceled for cause, unless sooner cut out or unless
				  conditions beyond the control of the purchaser prevent completion within the
				  specified time. Upon proper application and due proof of inability to complete
				  the contract within its term, the commissioner may extend the same for
				  reasonable periods in the best interests of the trust.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 13 - RELATING TO THE SALE OF TIMBER ON STATE LANDS › Section 19.2.13.16 - PAYMENT FOR CONTRACTED TIMBER

Current through Register Vol. 35, No. 13, July 16, 2024
No timber will be marked for cutting under the provisions of
				  the contract unless payment therefor shall have been made and credited in the
				  New Mexico state land office, and in no case will cutting be permitted in
				  advance of marking by the New Mexico state land office
				  representative.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 13 - RELATING TO THE SALE OF TIMBER ON STATE LANDS › Section 19.2.13.17 - SUPERVISION OF TIMBER CONTRACTS - FORM OF CONTRACT

Current through Register Vol. 35, No. 13, July 16, 2024
Where sales of timber are made, the cutting and logging
				  practices will be supervised by a representative of the New Mexico state land
				  office as indicated in
				  19.2.13.10
				  NMAC above, and the timber sale contract will in all cases be the standard form
				  of contract adopted by the commissioner with such amendments as may be
				  necessary in each case.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 13 - RELATING TO THE SALE OF TIMBER ON STATE LANDS › Section 19.2.13.18 - YEARLY CUT

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise provided by the timber sale agreement, the
				  yearly cut will be one-fifth (1/5th) of the total
				  estimated merchantable timber board measure specified in the timber sale
				  agreement.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 13 - RELATING TO THE SALE OF TIMBER ON STATE LANDS › Section 19.2.13.19 - THE MINIMUM TO BE MARKED FOR CUTTING

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise provided by the timber sale agreement, the
				  minimum merchantable timber to be marked at any one (1) time will be one-fourth
				  (1/4th) of the annual required
				  cut.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 13 - RELATING TO THE SALE OF TIMBER ON STATE LANDS › Section 19.2.13.20 - SURVEY OF TIMBER LANDS

Current through Register Vol. 35, No. 13, July 16, 2024
State timber is sold based upon state trust lands described
				  by the United States system of public land surveys by section, subdivision,
				  township and range. Should uncertainties as to exact boundaries of state timber
				  contracts be encountered, then an actual survey may be ordered by the
				  commissioner, the cost of the same to be borne by the applicant or the
				  successful bidder, whichever the case may be.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 13 - RELATING TO THE SALE OF TIMBER ON STATE LANDS › Section 19.2.13.21 - BRUSH DISPOSAL BY CONTRACT HOLDER

Current through Register Vol. 35, No. 13, July 16, 2024
The timber sale contract shall contain sufficient, proper and
				  adequate provisions therein requiring the contract holder to dispose of the
				  brush resulting from the sale. The term "brush" as used herein shall mean to
				  include all tops, slash and debris resulting from logging operations, including
				  stems and limbs or portions thereof not exceeding four inches in diameter. The
				  sufficiency of the brush disposal work done by the contract holder shall be
				  subject to the approval of the commissioner, or the commissioner's duly
				  authorized representative. In no instance shall brush disposal be allowed to
				  fall behind cutting, except when the depth of snow or other adequate reason
				  beyond the control of the contract holder makes proper disposal impracticable.
				  In such an event, the disposal of brush may, with the written consent of the
				  representative of the commissioner in charge, be postponed until conditions are
				  more favorable.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 13 - RELATING TO THE SALE OF TIMBER ON STATE LANDS › Section 19.2.13.22 - SUSPENSION OF LOGGING OPERATIONS AND TERMINATION OF THE TIMBER CONTRACT BY THE COMMISSIONER

Current through Register Vol. 35, No. 13, July 16, 2024
The timber contract shall also contain a provision that all
				  operations on the sale area, including the removal of scaled timber, may be
				  suspended by written notice from the commissioner, or the commissioner's duly
				  authorized representative in charge, if the conditions and requirements
				  contained in the timber sale contract are disregarded by the contract holder,
				  or the contract holder's agents or employees. Such suspension by the
				  representative of the commissioner shall be only upon the approval of the
				  commissioner. The commissioner may cancel any lease, contract or other
				  instrument executed by the commissioner relating to state trust lands for
				  nonpayment of monies due or for violation of any of the terms, covenants or
				  conditions of such lease or instrument, after giving the party or parties in
				  interest 30 days notice by registered mail; provided, however, if within the 30
				  days, the party or parties in interest shall comply with the demand in the
				  notice, cancellation shall not be made. Provided, further, that in case where
				  monies due are delinquent, the commissioner may, at the commissioner's option,
				  look to the purchaser or the purchaser's sureties and the commissioner's lien
				  upon improvements for payment, rather than cancel the
				  contract.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 13 - RELATING TO THE SALE OF TIMBER ON STATE LANDS › Section 19.2.13.23 - ASSIGNMENT OF STATE TIMBER SALE CONTRACTS

Current through Register Vol. 35, No. 13, July 16, 2024
Subject to the approval of the commissioner, state timber
				  sales contracts may be assigned, provided that the assignee, in the opinion of
				  the commissioner, is able and qualified to fulfill such contract, and provided
				  further that the assignee shall provide a corporate surety bond as required by
				  the said contract and conditioned upon the assignee's faithful performance of
				  the provisions thereof.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 13 - RELATING TO THE SALE OF TIMBER ON STATE LANDS › Section 19.2.13.24 - MODIFICATION OF TIMBER SALES AGREEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Upon application by the holder of a state timber sale
				  contract for modification of the holder's agreement and good cause being shown,
				  the commissioner may consent to certain changes, in the commissioner's
				  discretion, provided that the applicant for modification shall have first
				  obtained the consent of its surety.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 13 - RELATING TO THE SALE OF TIMBER ON STATE LANDS › Section 19.2.13.26 - CONTRACTOR RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Under the general powers of the commissioner and the
				  appropriate provisions in timber contracts, the commissioner will require
				  holders of timber sales contracts to respect forest service fences and the
				  fences of individuals in the timber sale area, and unless state timber
				  operators have made proper arrangements to the contrary, all gates must be
				  closed after passing through the same.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 13 - RELATING TO THE SALE OF TIMBER ON STATE LANDS › Section 19.2.13.27 - CANCELLATION OF TIMBER CONTRACT FOR CAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner may cancel any lease, contract or other
				  instrument executed by the commissioner, which shall have been obtained by
				  fraud or executed through mistake or without authority of law. In such case,
				  the commissioner shall serve upon the party in interest a 30 day registered
				  notice to show cause before the commissioner upon a date to be fixed in the
				  notice, why such instrument should not be canceled.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 14 - PERTAINING TO LAND SALES › Section 19.2.14.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Commissioner of Public Lands, New Mexico State Land Office,
				  310 Old Santa Fe Trail, P. O. Box 1148, Santa Fe, New Mexico 87501, Phone:
				  (505) 827-5713
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 14 - PERTAINING TO LAND SALES › Section 19.2.14.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This Rule pertains to the sale of lands, resources or other
				  assets held in trust by the commissioner of public lands under the terms of the
				  Enabling Act and subsequent legislation (trust lands). There are certain
				  exceptions to this Rule as follows: applications to purchase received between
				  August 1st and September 30th may be rejected
				  summarily as set out in subsection B of
				  19.2.14.8
				  NMAC below.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 14 - PERTAINING TO LAND SALES › Section 19.2.14.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner's authority to manage the state trust lands
				  is found in N.M. Const., Art. XIII, Section 2, and in Section
				  19-1-1
				  NMSA 1978. The authority to promulgate this Rule is found in Section
				  19-1-2
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 14 - PERTAINING TO LAND SALES › Section 19.2.14.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 5, 1985, unless a later date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 14 - PERTAINING TO LAND SALES › Section 19.2.14.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 19.2.14 NMAC is to provide for the orderly
				  and lawful sale of state trust lands, assets and resources.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 14 - PERTAINING TO LAND SALES › Section 19.2.14.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"
Schedule of fees
" means a list of fees that
				  must be paid for performance of certain administrative functions. The schedule
				  of fees shall be published on the state land office website and is subject to
				  change at the discretion of the commissioner. Unless otherwise noted in the
				  schedule of fees or in this rule, the fee shall be
				  non-refundable.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 14 - PERTAINING TO LAND SALES › Section 19.2.14.8 - LAND SUBJECT TO SALE

Current through Register Vol. 35, No. 13, July 16, 2024
All lands, including lands acquired by escheat, shown upon
				  the New Mexico state land office tract books to be open for sale, may be sold
				  at public auction, at the discretion of the commissioner. All minerals of
				  whatsoever kind, including but not limited to oil and gas, coal, sand and
				  gravel, clay, shale, caliche and building stone, will be reserved to the state
				  of New Mexico, together with the right to use so much of the surface as may be
				  reasonably necessary to explore for and remove same. Such rights are subject to
				  the right of the purchaser to be compensated for the purchaser's improvements
				  lawfully placed upon the land. Geothermal resources are reserved under the same
				  terms and conditions as minerals.
A.
				The beneficiary institution shall be advised of the receipt of any application
				to purchase.
B. All applications
				filed between August l and September 30 each year will be summarily rejected
				unless it is determined that they will not interfere with the annual surface
				lease renewal program.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 14 - PERTAINING TO LAND SALES › Section 19.2.14.9 - APPLICATION FEES - COST - REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Applications to purchase state trust lands shall be:
A. Made under oath, in ink, or typewritten
				upon forms prescribed and furnished by the commissioner.
B. Accompanied by the application fee as set
				forth in the schedule of fees and a deposit against the expense of advertising
				and sale as set forth in the schedule of fees. The successful bidder shall pay
				the total cost of advertising, appraising, and sale, and will be billed for any
				cost in excess of the deposit. The deposit of unsuccessful bidders will be
				refunded.
C. Accompanied by an
				appraisal of the land by a disinterested and creditable person familiar with
				the land, and said appraisal shall be based upon personal knowledge and not
				information and belief. Such appraisal shall not be binding upon the
				commissioner.
D. Signed by the
				original applicant or by the applicant's agent or attorney duly authorized by
				written power of attorney. Applications not made in conformity with these rules
				are subject to rejection and in the event any application is withdrawn or
				rejected, the applicant shall pay the cost incurred up to that time. When
				special circumstances warrant, the commissioner, upon notice to the applicant,
				may add additional requirements. Nothing in these rules contained shall be
				construed as preventing the commissioner on the commissioner's own initiative
				at any time from offering for sale all or part of any lands of the state when
				the commissioner determines that such sale is in the best interest of the
				trust.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 14 - PERTAINING TO LAND SALES › Section 19.2.14.10 - APPRAISAL OF LAND AND IMPROVEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon receipt of a proper application to
				purchase, and upon a preliminary determination that the sale might be
				advantageous to the trust, the commissioner will cause an appraisal of the land
				and the authorized improvements to be made. Thereafter, if the commissioner
				determines to offer the land for sale, a copy of the appraisal will be
				furnished to the applicant and to the owner of the improvements as well as to
				any other interested parties requesting same. Any party in interest aggrieved
				by the decision of the commissioner in setting the value of the improvements
				may appeal to the district court within 60 days as provided by law.
B. Upon receipt of the appraisal, the
				applicant shall notify the commissioner in writing as to whether the applicant
				is agreeable to starting the bidding upon the land at the appraised price. If
				not, the unused portion of the deposit shall be refunded to the applicant and
				the application rejected. If the applicant is agreeable with the appraisal of
				the land and the improvements, the applicant shall file with the commissioner a
				sum equal to the appraised value of the improvements or a waiver of payment
				signed by the owner thereof. If the applicant disagrees with the appraisal of
				the improvements the applicant may post bond with the commissioner to assure
				payment and appeal the appraisal as provided by law. Upon payment or posting of
				the bond the commissioner may proceed to advertise the sale.
C. Authorized improvements shall include
				water rights and all permanent improvements placed upon the land in compliance
				with the provisions of Section
				19-7-51
				NMSA 1978; all improvements placed upon the land prior to March 1, 1955,
				whether or not prior written permission of the commissioner was obtained; and
				all improvements approved by the commissioner under the provisions of Section
				19-7-51
				NMSA 1978.
D. Upon completion of
				the sale, the commissioner shall pay to the owner of the authorized
				improvements the value thereof as hereinabove determined; provided, however, in
				the event the lease provides for removal of improvements, either permanent or
				removable, the terms of the lease shall take precedence over this
				Rule.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 14 - PERTAINING TO LAND SALES › Section 19.2.14.11 - ADVERTISEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Notice of sale shall be published once each week for ten (10)
				  consecutive weeks in a newspaper of general circulation published locally at
				  the state capital, and a newspaper of like circulation which shall be locally
				  published nearest the lands so offered for sale. Said notice shall set forth
				  the nature, time and specific place of the sale, which place shall be at the
				  county seat wherein the lands or the major portion thereof are
				  located.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 14 - PERTAINING TO LAND SALES › Section 19.2.14.12 - QUALIFICATION OF BIDDERS

Current through Register Vol. 35, No. 13, July 16, 2024
In order to qualify as a bidder, the prospective bidder
				  shall deposit with the commissioner:
A. A deposit to cover the cost of sale, as
				set forth in the notice of sale.
B.
				Ten percent of the appraised value of the lands.
C. The appraised value of the improvements, a
				waiver of payment of such amount signed by the owner of the improvements, or a
				bond sufficient to cover the appraised value if an appeal is to be taken,
				unless the prospective bidder is the owner of the improvements.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 14 - PERTAINING TO LAND SALES › Section 19.2.14.13 - AUCTION SALE TO HIGHEST BIDDER

Current through Register Vol. 35, No. 13, July 16, 2024
No preference right to purchase shall be given to any bidder
				  upon the advertised land. If sold at all, the land shall be sold to the highest
				  and best bidder at public auction. Said auction may be conducted by oral
				  auction or by the acceptance of sealed bids, which shall be opened at the time
				  of the auction. Should there be identical sealed bids, those submitting them
				  shall be allowed to orally bid until there is a highest and best bidder. Bids
				  must be for all of the land offered in a given tract.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 14 - PERTAINING TO LAND SALES › Section 19.2.14.14 - CONTRACTS AND PATENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. On the
				date of sale the successful bidder, if any, shall be required to pay the full
				amount bid, unless the commissioner has given notice that the commissioner will
				accept payment by purchase contract. If a purchase contract is permitted, the
				successful bidder shall be required to pay at least ten percent of the purchase
				price. Upon making such payment, together with the cost of sale, if any, such
				purchaser shall be entitled to a 30 year contract whereunder the balance of the
				principal shall be payable in 30 equal annual installments with interest in
				advance on the deferred principal balance at a rate set by the commissioner in
				the notice of auction sale published as required by law. The first principal
				and interest payment shall be due on or before the date possession of the
				premises is established. This date shall serve as the anniversary date of the
				contract on which all successive payments shall be due. Purchaser at
				purchaser's option may, however, pay cash in full and receive a patent. No
				extension of the 30 year term of the contract will be granted. In case of death
				of a contract purchaser, the commissioner may upon written application by an
				heir, devisee or personal representative of the deceased, defer the due date of
				the next payment for one year. Deposit of unsuccessful bidders will be
				refunded. Sample copies of a standard purchase contract agreement and patent
				will be furnished prospective bidders upon request.
B. Holders of purchase contracts may pay off
				the contract balance at any time. Interest payments made in advance cannot be
				refunded. In case of the final discharge of the obligation before maturity
				date, interest must be paid to the date when the contract is paid in full. No
				patent covering any portion of state trust land under contract will be issued
				until the total purchase price of the contract is paid in full regardless of
				the number of assignments outstanding, except the commissioner will issue
				patents to separate assignments in instances where the assignments were
				approved by the commissioner prior to September 4, 1956.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 14 - PERTAINING TO LAND SALES › Section 19.2.14.15 - ASSIGNMENT OF PURCHASE CONTRACTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any purchaser of state trust lands under
				purchase contract, which contract is in good standing, may assign a part or all
				of the purchaser's right, title and interest under any such contract, provided
				that a certified copy of such assignment shall be filed with the commissioner
				before the same shall become effective. The approval or disapproval by the
				commissioner of an assignment or a partial assignment of a state contract is
				not required. The filing of a certified copy of the assignment or partial
				assignment with the commissioner completes the assignment, provided, however,
				if the contract is under collateral assignment the approval of the commissioner
				is required and such permission shall not be given unless the assignee agrees
				in writing to assume or take the contract subject to the rights of any
				collateral assignee. No relinquishment of a purchase contract shall be approved
				unless the collateral assignee shall join in said relinquishment.
B. No patent shall be issued to any contract
				holder or assignee thereto until the entire bid price for the entire tract bid
				upon is paid in full, except for contracts assigned with the approval of the
				commissioner prior to September 4, 1956.
C. Each assignment shall be accompanied by a
				fee of sixty dollars ($60.00).
D.
				The mailing address of the assignee shall be clearly shown upon the assignment
				and a copy of the assignor's purchase contract shall accompany the
				assignment.
E. The assignment must
				show the marital status of the assignor and, if married, both husband and wife
				must join in the execution of the assignment which signatures must be
				acknowledged as in the case of conveyances of other real estate.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 14 - PERTAINING TO LAND SALES › Section 19.2.14.16 - COLLATERAL ASSIGNMENT (MORTGAGE) OF CONTRACTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. With the consent of the commissioner the
				owner of a purchase contract may mortgage the owner's interest in the contract
				together with the improvements upon the land by means of assigning the owner's
				interest as collateral security to insure the payment of an indebtedness
				specified in said assignment. Upon approval of such collateral assignment by
				the commissioner, the assignee shall have a lien upon the said interests of the
				assignor and thereafter no contract so assigned shall be transferred free and
				clear except after release of said collateral assignment.
B. Collateral assignments shall be made only
				upon forms prescribed by the commissioner, which forms shall meet the other
				specified requirements of law.
C.
				Collateral assignments may be foreclosed by the assignee in the manner provided
				by law for the foreclosure of mortgages on real estate and the purchaser at
				such foreclosure sale shall, if otherwise qualified to purchase state trust
				land, be entitled to the purchase contract and the improvements located upon
				the land subject to prior collateral assignments, if any there be.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 14 - PERTAINING TO LAND SALES › Section 19.2.14.17 - CANCELLATION FOR DEFAULT - RELINQUISHMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. In the event the purchaser shall fail to
				comply with the terms and conditions of contract of purchase the commissioner
				may, at the commissioner's option, declare a forfeiture of such contract after
				30 days' notice given as provided under Section
				19-7-50
				NMSA 1978, unless the purchaser shall comply with the demands made in such
				notice in which case cancellation shall not be made. A purchaser may consent to
				the cancellation by waiver of notice of intention to cancel.
B. Late interest payments shall bear interest
				at the rate of one percent per month until paid.
C. In case of forfeiture all monies
				theretofore paid under any such contract, together with improvements upon the
				land, shall remain and become the property of the state of New
				Mexico.
D. Any contract executed by
				the commissioner which has been obtained by fraud or executed through mistake,
				or without authority at law, may be canceled after 30 days' notice by
				registered mail upon order to show cause as provided by Section
				19-7-8
				NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 14 - PERTAINING TO LAND SALES › Section 19.2.14.18 - COUNTY BOND LANDS

Current through Register Vol. 35, No. 13, July 16, 2024
The rules applicable to the sale of other lands are generally
				  applicable to the sale of county bond lands.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 14 - PERTAINING TO LAND SALES › Section 19.2.14.19 - WATER RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Water
				Pertinent to Irrigated Land. Water used on state trust land and the right to
				use same upon said land shall never be severed or transferred from the land
				without the written consent of the commissioner. Because title to lands under
				purchase contract remains in the state of New Mexico until the land is paid for
				and a patent is issued, the written permission of the commissioner must be
				secured in order to transfer or sever water rights from the lands under
				purchase contract.
B. Permission to
				Transfer. Any purchase contract holder desiring to apply for permission to
				change the use of water from state trust lands to other lands, including other
				state trust lands but not excluding privately owned lands; or to change the
				method of use of such water; or to change the location of a well; or to change
				the point of diversion of surface waters from any stream or arroyo shall comply
				with 19.2.12 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 15 - ADMINISTRATIVE PROCEEDINGS BEFORE THE COMMISSIONER OF PUBLIC LANDS › Section 19.2.15.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Commissioner of Public Lands, New Mexico State Land
				  Office.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 15 - ADMINISTRATIVE PROCEEDINGS BEFORE THE COMMISSIONER OF PUBLIC LANDS › Section 19.2.15.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part pertains to the conduct of all adjudicatory
				  administrative proceedings before the commissioner of public lands arising from
				  agency determinations and show cause orders, as defined herein. Contested
				  matters arising under Section
				  19-10-24
				  NMSA 1978, and Sections
				  19-7-60
				  and 61 NMSA 1978, and certain other non-adjudicatory hearings shall not be
				  subject to or governed by this part. This part does not enlarge, diminish or in
				  any way alter the constitutional and statutory jurisdiction of the commissioner
				  of public lands or the substantive rights of any person.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 15 - ADMINISTRATIVE PROCEEDINGS BEFORE THE COMMISSIONER OF PUBLIC LANDS › Section 19.2.15.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner's authority to manage the trust lands or
				  resources is found in N.M. Const., Art. XIII, 2, and in Section
				  19-1-1
				  NMSA 1978. The commissioner's authority relative to contest proceedings is
				  found in Sections
				  19-7-64
				  through 68 NMSA 1978 and Section 9-3-1.1 NMSA 1978. The commissioner's
				  authority to promulgate this part is found in Sections
				  19-1-2
				  and
				  19-7-64
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 15 - ADMINISTRATIVE PROCEEDINGS BEFORE THE COMMISSIONER OF PUBLIC LANDS › Section 19.2.15.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 30, 2004, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 15 - ADMINISTRATIVE PROCEEDINGS BEFORE THE COMMISSIONER OF PUBLIC LANDS › Section 19.2.15.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this Part 15 is to provide a clear,
				  mandatory, administrative remedy for persons aggrieved by an agency
				  determination or show cause order, as defined herein, and to provide rules to
				  govern the conduct of the adjudicatory administrative proceedings, all within
				  the scope of this Part 15.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 15 - ADMINISTRATIVE PROCEEDINGS BEFORE THE COMMISSIONER OF PUBLIC LANDS › Section 19.2.15.8 - AGENCY DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				contest will not be initiated by petition without the petitioner first having
				received an agency determination. In the case of a contest initiated by the
				commissioner's show cause order, the order itself is the agency determination,
				and no petition is necessary.
B. An
				agency determination may be rendered at any time deemed appropriate by the
				commissioner or the commissioner's designee, or may be rendered, if deemed
				appropriate by the commissioner, upon request of an interested party.
C. An agency determination will be rendered
				in writing, shall be dated, and will be provided to the affected party or
				parties, or to their agent, representative, or successor, in written or
				electronic format by such means as can reasonably provide verification of
				receipt. It shall be sufficient if an agency determination is provided to the
				physical or electronic address most recently shown in the public records of the
				commissioner.
D. An agency
				determination will state that it will become non-appealable unless the party to
				whom it is directed initiates a contest proceeding or responds to the show
				cause order pursuant to this Part 15 within 30 days of the date of the agency
				determination, or within such other longer time as fairness and circumstances
				may, in the commissioner's discretion, require.
E. A demand, offer, or any other agency
				decision or act, which is still open to negotiation or change by the
				commissioner, is not an agency determination.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 15 - ADMINISTRATIVE PROCEEDINGS BEFORE THE COMMISSIONER OF PUBLIC LANDS › Section 19.2.15.9 - CONTEST

Current through Register Vol. 35, No. 13, July 16, 2024
A. Right to
				contest. Subject to Subsection B of 19.2.15.9 NMAC below, any persons or
				entities aggrieved by an agency determination shall have the right to a contest
				pursuant to this Part 15. Such proceedings are a mandatory administrative
				remedy and must be completed before recourse to any court is
				available.
B. Limitation of right.
				Unless the commissioner in the commissioner's discretion determines otherwise,
				a contest shall not involve matters which would not require the presence of the
				commissioner as a necessary party in a district court proceeding. The right of
				a party to initiate a contest proceeding is not a waiver of any defense or
				claim by the commissioner or any other party regarding threshold matters such
				as jurisdiction, sovereign immunity, standing, ripeness, mootness, failure to
				state a claim, and the like.
C.
				Contest participants. In the case of a contest initiated by a show cause order,
				the participants shall be the commissioner and the respondent. In the case of a
				contest initiated by petition, the contest participants shall be the
				commissioner, the petitioner, and any respondents. The hearing officer may, in
				the hearing officer's discretion, permit third parties to intervene or to
				participate as amicus curiae. All pleadings shall contain a certificate
				indicating that all other participants have been served with a copy of the
				pleading by first-class mail or by such other means as the hearing officer may
				allow.
D. Representation. Contest
				participants may represent themselves, or may be represented by counsel to the
				same extent allowed in the district courts of New Mexico. Parties who represent
				themselves will be held to the same standards of conduct and pleading as if
				they were represented by counsel.
E. Location. All contests shall, at the sole
				discretion of the commissioner, be held either at the offices of the New Mexico
				state land office in Santa Fe, New Mexico, or at any other location deemed most
				expedient by the commissioner.