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 19.2.10.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Appraisal"
means an appraisal as defined in Section
				61-30-3
				A NMSA 1978.
B.
"Commissioner"
means the New Mexico commissioner of public lands,
				and the commissioner's appointees under Section
				19-1-7
				NMSA 1978, acting within the scope of their authority. The commissioner may
				delegate to state land office staff the performance of functions required of
				the commissioner under this part.
C.
"Easement"
means a right or
				privilege granted by the commissioner, to use a defined area of trust lands for
				a prescribed purpose and time, which right can be terminated as provided in
				this part.
D.
"Right of
				way"
means a right or privilege granted by the commissioner, to pass
				over, upon, through, or across, a defined area of trust lands for a prescribed
				purpose and time, which right can be terminated as provided in this
				part.
E.
"Fair market
				value"
means the value that a willing buyer would pay a willing seller
				for a right of way or easement in the open market as set forth in a price
				schedule adopted by the commissioner or as otherwise determined, in the
				commissioner's discretion, by an appraisal or field inspection.
F.
"Field inspection"
means an
				on-site inspection of a right of way or easement, made by authorized state land
				office personnel, which, if required under the price schedule or otherwise
				appropriate, may include specialized services such as market analysis or a
				determination of fair market value.
G.
"Price schedule"
means a
				schedule, adopted by the commissioner pursuant to this Part 10, showing the
				consideration due for the acquisition of an easement or right of way, which
				schedule shall be reviewed periodically by the commissioner and revised by the
				commissioner, when the commissioner deems it necessary, to reflect changes in
				the fair market value of easements and rights of way. A price schedule may
				incorporate varying considerations to account for the different uses, sizes,
				and locations, of easements and rights of way. The adoption of a price schedule
				and any revision thereof shall be preceded by reasonable public notice and the
				opportunity for public comment. Public notice shall consist of publication on
				the state land office website, and such other means as the commissioner may
				determine are appropriate, including but not limited to direct notification by
				mailing or electronic means to known interested parties. The time permitted for
				public comment shall be determined by the commissioner in the commissioner's
				discretion.
H.
"Purchase
				contract lands"
means trust lands being purchased under a
				contract.
I.
"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.
J.
"State land office"
means the New Mexico state land
				office.
K.
"Trust"
means the trust created by the New Mexico Enabling Act and administered by the
				commissioner.
L.
"Trust
				lands"
means those lands, their natural products and all rights,
				privileges, or assets, which are derived from them, and which are under the
				care, custody, and control of the commissioner.