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 8 - RELATING TO AGRICULTURAL LEASES › Section 19.2.8.8 - AGRICULTURAL LEASES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				commissioner may lease state trust land for agricultural purposes in such
				manner and upon such terms as the commissioner determines to be in the best
				interests of the trust for which the lands are held by the state.
B. Each agricultural lessee shall protect the
				leased state trust lands from waste and trespass.
C. One who leases state trust lands shall
				fence the lands leased, unless such lands shall be used and managed in
				conjunction with adjacent land, or are subject to an exchange of use
				agreement.
D. Agricultural leases
				shall be issued for animal husbandry, cultivated land or both, or for other
				related uses.
E. The commissioner
				may, at any time, withhold state trust land from agricultural leasing or reject
				applications to lease, whether such applications are to lease open acreage, to
				renew an existing lease, or to lease land already under lease to another, if
				the commissioner determines such action is in the best interests of the trust
				for which the land is held.
F. All
				agricultural leases shall be upon forms prescribed by the commissioner and
				shall contain such terms and conditions as are required by law or as are deemed
				appropriate by the commissioner. Each lease shall have only one (1) mailing
				address of record at the state land office regardless of the number of lessees
				under the lease, and the commissioner shall mail all lease notices to such
				address of record and no other.
G.
				Agricultural leases with terms of five (5) years or less may be issued by the
				commissioner without advertisement or public auction. All such leases shall
				commence on October 1st and expire on September 30th; provided, however, leases
				on open acreage issued after October 1st shall bear the actual date of
				execution and shall be issued for the balance of that lease year plus no more
				than four (4) additional years.
H.
				Outstanding agricultural leases and permits on lands acquired by the state of
				New Mexico from the United States shall be honored until their expiration. The
				lessees under such leases shall have the right as provided by law to match
				competitive lease bids and obtain new leases.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 8 - RELATING TO AGRICULTURAL LEASES › Section 19.2.8.9 - APPLICATIONS TO LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Requirements for all applications. Applications for agricultural leases may be
				filed for state trust lands shown on the state land office departmental tract
				books as either open acreage or land under lease at the time an application is
				submitted. The commissioner shall reject any application to lease state trust
				lands, whether held under an existing lease or not under lease at the time
				application is made, if the commissioner determines that the award of a lease
				to the applicant would not be in the best interests of the trust.
(1) A single application shall not be
				accepted for lands held under more than one existing lease or for both open
				acreage and lands held by an existing lease.
(2) All agricultural lease applications shall
				be made under oath on forms prescribed by the commissioner.
(3) All agricultural lease applications for
				open acreage or competitive bid shall include a sworn appraisal of the land
				applied for, and all improvements located thereon, made by a disinterested
				party who has personal knowledge and ability to provide a true and accurate
				assessment of the value of the land and the improvements. An existing lessee
				applying for a new lease on trust land which the lessee currently leases, in
				lieu of an appraisal of the improvements, shall submit a listing of all
				improvements located on the land, but need not submit an appraisal of the land.
(a) All appraisals of improvements made for
				the purposes of this rule shall be made on the basis of replacement cost less a
				deduction for the total loss in value arising from the physical deterioration
				or functional obsolescence of the improvements, and a value shall be listed
				separately for each improvement.
(b) The inclusion of unauthorized
				improvements on any appraisal or listing of improvements submitted to the
				commissioner for any purpose shall not be interpreted as approval of those
				improvements by the commissioner. Improvements shall be approved only as
				provided under
				19.2.8.17
				NMAC "agricultural improvements" below.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 8 - RELATING TO AGRICULTURAL LEASES › Section 19.2.8.10 - WITHDRAWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The commissioner
				may withdraw from an agricultural lease during its term up to one-half the
				leased acreage not to exceed six hundred and forty (640) acres provided that:
(1) the commissioner has received a bona fide
				offer to lease or purchase the lands proposed for withdrawal for uses other
				than agricultural uses and the offered rental or purchase price indicates the
				land has a current higher and better value for uses other than agricultural
				uses;
(2) the commissioner makes a
				written determination that such withdrawal is in the best interests of the
				trust for which the land is held and that the land to be withdrawn has a
				current higher and better value for uses other than agricultural uses;
				and
(3) the commissioner mails
				notice of the withdrawal to the lessee by certified mail at least ninety (90)
				days prior to the date the withdrawal is to be effective and includes with the
				notice:
(a) a copy of the written
				determination described in Paragraph (2) of Subsection A of 19.2.8.10
				NMAC;
(b) a description of the land
				to be withdrawn sufficiently detailed to permit identification and location of
				the land with reasonable accuracy;
(c) the appraised value for uses other than
				agricultural uses, of the land to be withdrawn; and
(d) a notice to vacate that sets forth the
				date the withdrawal is to be effective.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 8 - RELATING TO AGRICULTURAL LEASES › Section 19.2.8.11 - RENTAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. In the absence
				of a competitive bid, the annual rental for grazing land leased under an
				agricultural lease shall be determined by the following formula:
Annual rental = $0.0474 (Base Value) x Carrying Capacity (CC)
				  x Acreage x Economic Variable Index (EVI).
(1) The EVI in any year (t), October 1st
				through September 30th, is the ratio of the value of a state land office
				adjustment factor for that year (SLOAFt) to the value of that same adjustment
				factor calculated for the base year 1987 (SLOAF87), i.e., SLOAFt: SLOAF87, or
				SLOAFt divided by SLOAF87 (1987 base = 135).
(2) To determine the SLOAF for each year
				(t+1), the commissioner shall use the following formula, in which the three
				indices (the western states forage value index (FVI), beef cattle price index
				(BCPI), and the prices paid index (PPI)) correspond to the United States
				department of agriculture's annually published indices for the immediately
				preceding year (t): SLOAFt+1 = -14.92 + (1.57 x FVIt) + (0.26 x BCPIt) - (0.67
				x PPIt).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 8 - RELATING TO AGRICULTURAL LEASES › Section 19.2.8.12 - SUBLEASING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The sublease of
				an agricultural lease or any portion thereof may be made only with the prior
				written consent of the commissioner.
(1) A
				sublease without the written consent of the commissioner prior to such use or
				occupancy commencing shall be in violation of Sections
				19-6-3
				and 5 NMSA 1978.
(2) Sublease
				applications not submitted to the commissioner for approval within thirty (30)
				days of their actual execution shall be rejected.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 8 - RELATING TO AGRICULTURAL LEASES › Section 19.2.8.13 - RELINQUISHMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. With the prior
				written consent of the commissioner, the release of all outstanding collateral
				assignments, and the payment to the commissioner of the relinquishment filing
				fee as set forth in the schedule of fees, any lessee may relinquish to the
				state a lease that is not in default and the lease shall be cancelled.
(1) The relinquishment filing fee shall be
				waived if the relinquishment is at the request of the commissioner.
(2) Relinquishments shall be made on forms
				and in the manner prescribed by the commissioner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 8 - RELATING TO AGRICULTURAL LEASES › Section 19.2.8.14 - ASSIGNMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. With the written
				consent of the commissioner and the payment to the commissioner of the
				assignment filing fee as set forth in the schedule of fees, a lessee may assign
				the lease or the lease rights to any part of the land held thereunder for the
				remainder of the lease term, provided the lease is not in default and any
				outstanding collateral lease assignments have either been released or the
				prospective lease assignee has agreed in writing to assume or take the lease
				subject to the rights of the collateral assignees. Lease assignments shall be
				made under oath, upon forms prescribed by the commissioner and shall be
				accompanied by the lease assignment filing fee.
B. Upon the commissioner's approval in
				writing of the lease assignment, the assignment form shall become the leasing
				instrument.
C. An assignment
				without the written consent of the commissioner shall be null and
				void.
D. The assignment of an
				agricultural lease does not assign the appurtenant water rights. The transfer
				of water rights to an assignee requires the use of the transfer of ownership
				form provided by the office of the state engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 8 - RELATING TO AGRICULTURAL LEASES › Section 19.2.8.15 - COLLATERAL ASSIGNMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. With
				the prior written consent of the commissioner and the payment to the
				commissioner of the collateral assignment fee as set forth in the schedule of
				fees, a lessee may assign as collateral security a lease that is not in
				default; provided, however, that the collateral assignment of more than one (1)
				lease to secure the same indebtedness shall be made by separate assigning
				instruments. The collateral assignment of a lease shall not prevent its
				cancellation by the commissioner.
B. Collateral assignments shall be made upon
				forms prescribed by the commissioner and shall be accompanied by the collateral
				assignment fee as set forth in the schedule of fees.
C. The foreclosure of collateral assignments
				shall be accomplished in the manner provided by law for the foreclosure of
				chattel mortgages. Upon the filing with the commissioner of documentation
				proving the bona fide foreclosure and purchase of the lease and the cure of any
				lease defaults, completed assignment forms, and the required fee, the lease
				shall be assigned to the purchaser at the foreclosure sale, if such purchaser
				is otherwise qualified to lease state trust lands.
D. The release of collateral assignments
				shall be accomplished by the collateral assignee's executing and filing with
				the commissioner a release upon a form prescribed by the commissioner and
				accompanied by the release of collateral assignment fee as set forth in the
				schedule of fees.
(1) The failure of a
				collateral assignee to execute and file with the commissioner the release of a
				collateral assignment upon the satisfaction of the debt secured by the
				assignment shall subject the assignee to the risk of criminal penalties and
				civil liabilities as provided by law.
(2) The personal representative in the
				probate of a deceased collateral assignee's estate may release collateral
				assignments by executing and filing with the commissioner the release and
				certified copies of such other documents as the commissioner may
				require.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 8 - RELATING TO AGRICULTURAL LEASES › Section 19.2.8.16 - TRANSFER OF LEASE UPON LESSEE'S DEATH

Current through Register Vol. 35, No. 13, July 16, 2024
A. Certified copies of letters testamentary
				and the final order in probate or the final order determining heirship,
				together with the miscellaneous instruments, filing fee and such other
				documents as the commissioner may require shall be filed with the commissioner
				in order to transfer a deceased lessee's interest in an agricultural lease. The
				agricultural lease may be carried on the records of the state land office in
				the name of the estate until probate or a judicial proceeding determining
				heirship has been completed.
B. The
				personal representative of the estate, subject to the normal approval processes
				of the commissioner, may assign the lease by:
(1) filing with the commissioner certified
				copies of the death certificate and letters testamentary;
(2) executing the necessary assignment
				forms;
(3) paying to the
				commissioner the lease assignment filing fee as set forth in the schedule of
				fees; and
(4) filing with the
				commissioner such other documents as the commissioner may require.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 8 - RELATING TO AGRICULTURAL LEASES › Section 19.2.8.17 - AGRICULTURAL IMPROVEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Improvements shall not be placed, made or developed on state trust land without
				the express written consent of the commissioner unless the cost of the
				improvement and its placement is within the cost limitations prescribed by
				Section
				19-7-51
				NMSA 1978. Improvements shall be placed, made or developed on state trust land
				only by the lessee of the land on which the improvements are to be
				located.
B. Applications to place,
				make or develop improvements on state trust lands held by an agricultural lease
				shall be made by the lessee upon forms and in the manner prescribed by the
				commissioner prior to initiation of placement or construction. Each application
				to place improvements shall:
(1) set forth
				the type and kind of improvements to be placed, made or developed and their
				estimated cost;
(2) specify the
				legal subdivisions on which the improvements are to be located; and
(3) be accompanied by the filing fee
				specified 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 8 - RELATING TO AGRICULTURAL LEASES › Section 19.2.8.18 - CANCELLATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The commissioner
				may cancel any agricultural lease:
(1)
				obtained by fraud;
(2) executed
				through mistake or without authority of law;
(3) that is in default for violation of any
				of the lease terms, covenants or conditions, which include these rules and
				applicable statutes, including nonpayment of rentals; or
(4) that is in default for the lessee's
				failure to protect the leased lands from trespass or waste.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 8 - RELATING TO AGRICULTURAL LEASES › Section 19.2.8.19 - CONVERSION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Land held under
				an agricultural lease may be reclassified from grazing land to cultivated land
				or from cultivated land to grazing land and the lease amended to permit such
				use after conversion upon application to the commissioner and receipt of the
				commissioner's written consent to convert the use of the land.
B. Applications to convert shall be made
				under oath on forms prescribed by the commissioner and accompanied by:
(1) the conversion application filing fee as
				set forth in the schedule of fees; and
(2) a reclamation plan to be implemented in
				the event the commissioner determines the conversion has been unsuccessful and
				the converted land should revert to its prior use.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 8 - RELATING TO AGRICULTURAL LEASES › Section 19.2.8.20 - RANGE STEWARDSHIP INCENTIVE PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A. Agricultural lessees who have leased state
				trust lands for grazing purposes for at least five years may apply for a
				twenty-five percent reduction in agricultural lease rentals by demonstrating
				through the range stewardship incentive program that they have been good
				stewards of their leased state trust land. Only state trust lands leased for
				grazing purposes and not subject to a sublease shall be eligible for
				participation in the range stewardship incentive program.
B. State trust lands included in the range
				stewardship incentive program shall be evaluated and classified by the
				commissioner according to the range condition and trend.
(1) The commissioner's evaluation and
				classification shall be based on the commissioner's verification of a sworn
				range condition and trend analysis and classification recommendation by a
				disinterested party with training or experience in rangeland evaluation. Said
				party shall certify that said party personally inspected the lands evaluated,
				that said party has no interest in or claim against the lands evaluated and
				that any fee charged for such evaluation is not related to the classification
				recommendation.
(2) Range condition
				shall be rated as either excellent, good, fair, or poor depending on the degree
				of difference between the range site's state of vegetation and the highest
				natural development of the plant community that could sustain itself under the
				prevailing climatic and soil conditions for the site.
(3) Range trend shall be rated as either
				improving, static, or declining depending on the direction of change in range
				condition over time.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 8 - RELATING TO AGRICULTURAL LEASES › Section 19.2.8.21 - SURFACE DAMAGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. If
				lessee is involved in litigation with any other persons or entities for damages
				connected with their leased trust land, lessee must notify the commissioner as
				soon as practicable. This notice requirement does not apply to any litigation
				involving only the lessee's personal or real property.
B. The notice must be in writing, describe
				the litigation, and give the case name and court docket number; and the notice
				must be mailed by certified mail to the Commissioner of Public Lands, Office of
				General Counsel , P.O. Box 1148, Santa Fe, New Mexico 87504.
C. The commissioner will decide within thirty
				(30) days after receiving the notice whether to participate in the litigation.
				If the commissioner decides to participate, lessee will not oppose the
				commissioner's participation in the litigation; but lessee can choose to oppose
				or support the commissioner's claims in the litigation. No response from the
				commissioner within thirty (30) days shall be deemed a decision not to
				participate. The commissioner's non-participation shall not be a waiver of any
				claim regarding damages to the trust lands.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 9 - BUSINESS LEASING › Section 19.2.9.1 - 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.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 9 - BUSINESS LEASING › Section 19.2.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to Article XIII, Section 2, of the New Mexico State
				  Constitution, the commissioner has jurisdiction over all lands and related
				  resources that the United States granted and confirmed to New Mexico under the
				  New Mexico Enabling Act. This rule, 19.2.9 NMAC, governs the granting of
				  business leases for commercial and business leasehold uses, as well as surface
				  uses that are not otherwise provided for under other state land office rules,
				  on those lands within the commissioner's constitutional
				  jurisdiction.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 9 - BUSINESS LEASING › Section 19.2.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
N. M. Const. Art. XIII; Section
				19-1-1
et seq.
NMSA 1978; Section
				19-7-1
et seq.
NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 9 - BUSINESS LEASING › Section 19.2.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 15, 2001, 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 9 - BUSINESS LEASING › Section 19.2.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objectives of 19.2.9 NMAC are to obtain revenues from
				  business leasing; to assure protection and maintenance of trust lands; to
				  provide standard lease terms and conditions; and to provide an efficient
				  process for business leasing.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 9 - BUSINESS LEASING › Section 19.2.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in 19.2.9 NMAC, the following terms have the meaning
				  set forth in this section. A business lease may add detail to a definition to
				  accommodate lease specific issues.
A.
"Approval"
means written approval and includes only that which has
				been expressly approved and nothing further which might be implied.
B.
"Assignment"
means any direct
				or indirect transfer of a lessee's interest in a business lease or
				improvements, including, but not limited to, any conditional transfer or
				transfer by operation of law.
C.
"Authorized improvements"
means improvements which have the
				approval of the commissioner prior to being placed, developed, created, or
				constructed on, or obtained or developed for the benefit of, or made
				appurtenant to trust lands, or which have subsequently received that
				approval.
D.
"Bid
				lease"
means a business lease entered into by the commissioner after the
				public advertisement and public auction required by the Enabling Act.
E.
"Business lease"
means a
				written lease of trust lands issued under this rule, 19.2.9 NMAC, for business,
				commercial, residential, industrial, or real estate planning and development
				purposes, or for surface uses that are not otherwise provided for under other
				state land office rules. The commissioner, in the commissioner's discretion,
				shall resolve any uncertainty about whether a lease is a business
				lease.
F.
"Collateral
				assignment"
means the conditional assignment to a creditor as security
				for a debt of a lessee's personal property interest in a business lease or
				improvements.
G.
"Commissioner"
means the commissioner of public lands. The
				commissioner is the executive officer of the state land office and may delegate
				to state land office staff the performance of duties required of the
				commissioner under this rule.
H.
"Improvements"
means any of the following:
(1) any item of tangible property developed,
				placed, created or constructed on trust lands including, but not limited to,
				buildings, roadways, equipment and fixtures;
(2) water rights appurtenant to trust lands,
				including without limitation any water rights developed or used on trust land
				for the benefit of the trust land; and,
(3) any tangible or intangible property,
				rights, approvals or privileges obtained or developed for the benefit of, or
				made appurtenant to, trust lands that are designated as improvements in a
				business lease.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 9 - BUSINESS LEASING › Section 19.2.9.8 - LEASING STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				surface estate of any trust land may be leased under a business lease at the
				discretion of the commissioner. A business lease may include more than one use,
				and may encompass more than one parcel of trust land. For lands already under
				any surface lease, the applicant shall comply with the procedures in
				19.2.9.21
				NMAC.
B. After receipt of an
				application as provided in
				19.2.9.9
				NMAC, the commissioner may request additional information from the applicant,
				as provided in
				19.2.9.10
				NMAC, and may enter into negotiations for a non-bid lease.
C. After receipt of an application as
				provided in
				19.2.9.9
				NMAC, or on the commissioner's own initiative, the commissioner may offer to
				lease trust land under a bid lease as provided in
				19.2.9.11
				NMAC.
D. Any applicant may withdraw
				an application for a business lease at any time.
E. Notwithstanding any other provision of
				19.2.9 NMAC, and at any time before the execution of a business lease, the
				commissioner may, at the commissioner's discretion, reject any application or
				bid submitted under 19.2.9 NMAC and may withhold from business leasing any
				trust land subject to the commissioner's jurisdiction.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 9 - BUSINESS LEASING › Section 19.2.9.9 - APPLICATION TO LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
Any person may propose that the commissioner enter into a
				  business lease by submitting an application on forms prescribed by the
				  commissioner.
A. The application
				shall, at minimum, be made under oath and shall identify the applicant, the
				trust land proposed for leasing and the proposed uses of the trust land,
				including any proposed improvements.
B. The application shall include a written
				appraisement of the trust land proposed for lease made under oath by a
				disinterested and credible person. All statements contained in such
				appraisements, except as to the true value of the land appraised, must be based
				upon personal knowledge and not upon information and belief. No such
				appraisement shall be conclusive upon the commissioner.
C. The application shall include a
				nonrefundable application fee in the amount established 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 9 - BUSINESS LEASING › Section 19.2.9.10 - SUPPLEMENTAL INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
After review of an application and before entering into a
				  business lease, the commissioner may require additional information and
				  documentation from an applicant, including, but not limited to, an appraisal of
				  the trust land proposed for lease, a survey of the land, a detailed development
				  plan of the land, environmental analyses of the land, and cultural or
				  biological resource investigations of the land.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 9 - BUSINESS LEASING › Section 19.2.9.11 - BID LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioner may, under the following procedures, offer a
				  bid lease to the highest and best bidder at a public auction held at the county
				  seat of the county where the offered trust land, or the major portion of the
				  offered land, is located.
A.
				Appraisal. After a preliminary determination that a bid lease might be
				advantageous to the trust, the commissioner will cause an appraisal to be made.
				The appraisal will cover the trust land proposed for lease and any permanent
				improvements on, appurtenant to, or obtained or developed for the benefit of,
				the land. Thereafter, if the commissioner determines to offer the land for bid
				lease, a copy of the appraisal will be furnished to the applicant, if any, and
				to the holder of the improvement value credit as well as to any other
				interested parties. Prior to the advertisement of the lease sale, the
				commissioner shall determine that the terms of the bid lease being offered
				provide a return to the trust over the duration of the bid lease that is a fair
				rental value based on the appraisal.
B. Advertisement. A notice of the lease sale
				shall be published once each week for ten (10) consecutive weeks in a newspaper
				of general circulation published in Santa Fe, and in a newspaper of general
				circulation published nearest the offered land.
C. Notice. The notice of lease sale shall
				contain:
(1) The date, time and place of the
				auction;
(2) A description of the
				trust land offered for lease, and any limitations on the uses of the land
				including any local land use restrictions, covenants, master plans or any
				restrictions established by the commissioner;
(3) A summary of the basic provisions of the
				bid lease, including the term (and any extension periods), the rent (if fixed
				and not based on the highest bid) and the allowable uses of the trust land
				offered for lease;
(4) Any
				requirements or qualifications for bidders;
(5) The amounts that a bidder must deposit to
				pay the costs of the lease sale, the first rental payment and any improvement
				value credits;
(6) A brief
				description of how the commissioner will determine the highest and best bidder;
				and
(7) The name of a person to
				contact at the state land office for additional information on the auction and
				the trust land offered for lease.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 9 - BUSINESS LEASING › Section 19.2.9.12 - BUSINESS LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Prerequisites. Before taking possession of the leased trust land, the lessee
				must provide the commissioner with a legal description and a survey plat
				showing the exact location of the land.
(1) A
				legal description must be given in aliquot parts of at least forty (40) acres,
				or in some other form as may be required by the commissioner such as survey
				metes and bounds. The description shall include a reference to all
				encumbrances, easements, or other servitudes burdening or benefiting the trust
				land.
(2) The commissioner may
				provide specific instructions on the requirements for a survey plat.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 9 - BUSINESS LEASING › Section 19.2.9.13 - LEASE EXTENSION AND NEW LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Bid lease. The term of a bid lease may not
				be extended except as provided in the notice of lease sale and the original bid
				lease.
B. Non-bid lease. The term
				of a non-bid lease may not be extended. If, prior to the expiration of a
				non-bid lease, the lessee wants a new non-bid lease, for the same trust land
				and the same use, that will commence at the expiration of the current lease,
				and if the lessee has complied with all the terms of its lease, the lessee
				shall submit a sworn application, on such forms as the commissioner may require
				or provide, for a new lease. The commissioner may establish, in a business
				lease, additional requirements for applying for a new lease.
C. Discretion. Nothing in this rule shall
				limit the discretion of the commissioner, at the expiration of a business
				lease, to determine whether it is in the best interests of the trust to reject
				all applications to lease, or to offer a new non-bid lease on such terms as the
				commissioner determines or to sell or lease the trust land through a bid
				process.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 9 - BUSINESS LEASING › Section 19.2.9.14 - SUBLEASE AND ASSIGNMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				assignment or sublease for use of trust lands is void without the approval of
				the commissioner. The commissioner's approval may be conditioned upon such
				terms or requirements as are deemed to be in the best interests of the trust.
				The commissioner may, in a lease, pre-approve certain assignments or subleases
				that the commissioner deems to be in the best interests of the trust.
(1) No assignment or sublease of trust lands
				under a business lease shall be approved unless the lessee is in compliance
				with the terms of the lease.
(2)
				The commissioner's approval of a sublease or assignment shall not relieve the
				lessee from any liability that may have arisen before the sublease or
				assignment. The commissioner's approval of a sublease shall not release the
				lessee from its continuing and primary liability for performance of all terms
				and obligations under the lease.
(3) The commissioner's approval of a sublease
				or assignment will not constitute approval of any subsequent sublease or
				assignment.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 9 - BUSINESS LEASING › Section 19.2.9.15 - COLLATERAL ASSIGNMENTS AND MORTGAGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unless otherwise provided in a business
				lease, and subject to the prior approval of the commissioner, a lessee's
				interest in a business lease or improvements may be collaterally assigned or
				mortgaged by the lessee. An approved collateral assignee or mortgagee shall
				have a lien on the lessee's interest in the lease, as well as any improvements
				covered by the collateral assignment or mortgage, but shall not have a lien on
				the commissioner's interest in the lease and any improvements, or in the
				commissioner's reversionary interest in the real and personal property subject
				to the lease. Any attempt to collaterally assign or mortgage a lessee's
				interest in a business lease, or in any improvements, without the approval of
				the commissioner, shall be void and shall not vest the purported collateral
				assignee or mortgagee with any right, title, interest, claim or privilege with
				respect to such lease or improvements.
(1) A
				lessee shall apply to the commissioner to collaterally assign or mortgage the
				lessee's interest in a business lease or any improvements in writing, under
				oath, and on such form as may be prescribed by the commissioner. The lessee
				shall include a copy of the proposed collateral assignment agreement or
				mortgage and pay any applicable fees set out in the schedule of fees.
(2) The commissioner may approve the
				collateral assignment or mortgage subject to such terms and conditions which
				the commissioner deems to be 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 9 - BUSINESS LEASING › Section 19.2.9.16 - APPROVAL OF IMPROVEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
No improvements shall be placed, developed, created or
				  constructed on trust land, or obtained or developed for the benefit of trust
				  land, or made appurtenant to trust land without the prior approval of the
				  commissioner. Such approval may be conditioned upon certain requirements
				  imposed by the commissioner which may include, without limitation, the
				  provision of a bond or other adequate security to assure proper removal of
				  improvements from trust land and the restoration of trust land.
A. A request for the commissioner's approval
				shall be made in writing on such forms and in such manner as may be required by
				the commissioner, and shall be accompanied by the fee set forth in the schedule
				of fees. The commissioner shall not be obligated to approve any
				improvements.
B. A business lease
				may identify existing and proposed improvements that are approved by the
				commissioner when the commissioner determines it is in the best interests of
				the trust.
C. If the commissioner
				does not grant prior approval for improvements, the commissioner may, in the
				best interests of the trust, approve improvements after the improvements have
				been placed, developed, created or constructed on, obtained or developed for
				the benefit of, or made appurtenant to trust land.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 9 - BUSINESS LEASING › Section 19.2.9.17 - REMOVAL OF IMPROVEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon
				the termination of a business lease, all removable or unauthorized improvements
				shall be removed from the trust land unless otherwise provided in the lease or
				in writing by the commissioner.
(1) No
				improvement may be removed without the commissioner's approval if a lessee owes
				rent or any other sums to the commissioner or if any material duties required
				under the lease remain unperformed.
(2) The commissioner may require, in writing,
				that designated unauthorized improvements be left in place. Such improvements
				shall become the property of the commissioner and no person shall be entitled
				to any improvement value credit for such improvements.
(3) Any improvements left on trust lands
				without the commissioner's approval shall remain the property and liability of
				the lessee and shall constitute a nuisance until removed or abandoned. The
				commissioner may elect to either take any necessary action to abate such
				nuisance, with all costs and fees incurred in so doing to be additional rent
				due from the lessee under the lease, or to declare that the improvements are
				abandoned and have become the property of the commissioner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 9 - BUSINESS LEASING › Section 19.2.9.18 - IMPROVEMENT VALUE CREDIT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Personal property.
Unless otherwise provided in a business lease
				or in this rule, improvements shall be the property of the lessee. The interest
				of a lessee in a business lease and in the improvements is a personal property
				interest. Unless otherwise provided in a business lease, improvement value
				credit is only granted for permanent improvements and is not granted for
				removable or unauthorized improvements. Water rights that are appurtenant to
				trust land shall be developed and held in the name of the
				commissioner.
B.
When
				payable.
When trust lands are sold or leased to a person other than the
				holder of any improvement value credit, the successor in interest shall pay to
				the commissioner the amount of the improvement value credit, if any. The
				commissioner shall pay to the holder of the improvement value credit the amount
				paid by the successor in interest, less any rent, costs or damages owed to the
				commissioner.
(1) In lieu of such payment, a
				successor in interest may file with the commissioner a bill of sale or waiver
				of payment signed by the holder of the improvement value credit or, if an
				appeal of the appraised value is taken, a bond sufficient to cover the value of
				the improvements as determined by the commissioner.
(2) Except for the transfer of funds for
				improvement value credit paid by a successor in interest as provided in this
				subsection, the commissioner shall not be liable for the payment of any
				improvement value credits. The commissioner may require a release or indemnity
				from the party receiving payment of the improvement value credit.
(3) The holder of the improvement value
				credit must be identified in the records of the state land office. Unless
				otherwise provided in a lease or in an assignment, collateral assignment or
				mortgage of improvements approved by the commissioner and filed with the state
				land office, the commissioner shall treat the former lessee as the holder of
				the improvement value credit and the party entitled to payment of any
				improvement value credit.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 9 - BUSINESS LEASING › Section 19.2.9.19 - RELINQUISHMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A lessee may,
				with the approval of the commissioner, relinquish to the commissioner the
				lessee's interest in a business lease. The commissioner may, in a business
				lease, establish conditions pursuant to which the lessee may, at prescribed
				times, relinquish all or portions of the lease.
B. A lessee may request relinquishment of the
				lease on forms prescribed by the commissioner and upon payment of a
				relinquishment fee, provided that:
(1) the
				lessee is in compliance with the terms of the lease; and,
(2) all improvements made pursuant to the
				lease on, for, or appurtenant to the lands leased have been approved by the
				commissioner and arrangements satisfactory to the commissioner have been made
				for either the removal or the retention of the improvements.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 9 - BUSINESS LEASING › Section 19.2.9.20 - DEFAULT; REMEDIES

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise provided in a business lease, a lessee shall
				  be in default under a business lease if a breach of the lease is not cured
				  within thirty days after the commissioner gives written notice of the breach to
				  the lessee. A breach of the lease may include, without limitation, a failure to
				  pay any rent or other monetary obligation due under the lease, or a violation
				  of any term, condition, or covenant of the lease, or the failure to perform or
				  observe any other obligation of the lessee under the lease.
A. Notice. Written notice of a breach shall
				be sent to the lessee, and to the holder of any collateral assignment or
				mortgage, at their addresses of record at the state land office, by certified
				mail. The commissioner need only provide proof of mailing to establish
				satisfactory compliance with this notice requirement.
B. Remedies. On the default of a lessee, the
				commissioner shall have all the remedies available to the commissioner at law
				or in equity in New Mexico, and as provided in the business lease, including,
				without limitation, terminating the lease, retaking possession of the leased
				trust land with or without termination of the lease, and proceeding to recover
				any damages, including damages for any unpaid or unperformed obligations of the
				lessee.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 9 - BUSINESS LEASING › Section 19.2.9.21 - EXISTING LEASES

Current through Register Vol. 35, No. 13, July 16, 2024
Except as provided in this section, the commissioner may not
				  lease under a business lease any trust land currently leased under an existing
				  surface lease unless the existing lessee relinquishes the existing lessee's
				  interest in the trust land or the commissioner exercises any right of
				  withdrawal of land which the commissioner may have. Notwithstanding the
				  foregoing, the commissioner may determine that a proposed business lease will
				  not unreasonably interfere with the authorized uses under an existing lease,
				  and may allow a new business lease in compliance with the following
				  requirements.
A. The new business lease
				shall identify the existing lease, shall state that the new business lessee's
				rights and privileges are subject to the existing lessee's rights and
				privileges under the existing lease, unless waived or amended, and shall
				provide that the new business lessee will not interfere with the uses permitted
				under the existing lease.
B. The
				existing lessee must consent in writing to the new business lease.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.1 - 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 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part covers all easements and rights of way granted
				  over, upon, through, or across, trust lands for pipelines, public highways,
				  railroads, tramways, telegraph, fiber optic, telephone and power lines,
				  irrigation works, mining, logging, and for other purposes, except easements or
				  rights of way granted in a lease, or salt water disposal easements covered by
				  19.2.11 NMAC, or water easements covered by 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 10 - EASEMENTS AND RIGHTS-OF WAY › Section 19.2.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
N. M. Const., Art. XIII; NMSA 1978 Sections
				  19-1-1
				  and
				  19-7-57.
				  The authority to promulgate this part is found in Section
				  19-1-2
				  NMSA 1978.