HOUSE JOINT MEMORIAL 15

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Debbie A. Rodella

FOR THE LAND GRANT COMMITTEE

A JOINT MEMORIAL

REQUESTING THE STATE GAME COMMISSION TO GRANT TRADITIONAL USE RIGHTS TO THE HEIRS OF THE TIERRA AMARILLA LAND GRANT-MERCED FOR LANDS CONTROLLED BY THE COMMISSION THAT ARE LOCATED WITHIN THE HISTORIC BOUNDARIES OF THE TIERRA AMARILLA LAND GRANT-MERCED.

     WHEREAS, the attorney general recently released his response to the government accountability office report entitled "Treaty of Guadalupe Hidalgo: Findings and Possible Options Regarding Longstanding Community Land Grant Claims in New Mexico"; and

     WHEREAS, the attorney general's response makes it clear that there were grave deficiencies in the process by which community land grants were confirmed, which often resulted in the misconfirmation of land grants as tenancies-in-common or as private grants; and

     WHEREAS, these misconfirmations have resulted in hundreds of thousands of acres of common lands being lost by community land grants; and

     WHEREAS, the Tierra Amarilla land grant-merced is an example of misconfirmation that resulted in the loss of all the common lands of the grant; and

     WHEREAS, there are few, if any, ways to address these losses through the judicial system due to long-established state and federal judicial precedent; and

     WHEREAS, an equitable response from the state can begin with state agencies that control former land grant lands to find ways to grant the heirs of certain land grants traditional use rights to those lands;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the state game commission be requested to find a way to grant traditional use rights to the heirs of the Tierra Amarilla land grant-merced for lands controlled by the commission that are located within the historic boundaries of the Tierra Amarilla land grant-merced; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the state game commission and to the board of trustees of the Tierra Amarilla land grant-merced.

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