HOUSE BILL 81

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Miguel P. Garcia

ENDORSED BY THE LAND GRANT COMMITTEE

AN ACT

RELATING TO LAND GRANTS; PROHIBITING THE COMMON LANDS OF A LAND GRANT-MERCED THAT IS A POLITICAL SUBDIVISION OF THE STATE FROM BEING CONSIDERED TO BE, DESIGNATED OR TREATED AS STATE LAND; PRESERVING THE PROPERTY RIGHTS OF CERTAIN HEIRS; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 49-1-11.1 NMSA 1978 (being Laws 2004, Chapter 124, Section 2, as amended) is amended to read:

     "49-1-11.1. RIGHTS OF LESSEES AND PURCHASERS--RIGHTS TO USE OF COMMON LANDS.--

          A. A person who is not an heir and who has purchased or leased property within the limits of a land grant-merced shall only have a right to the lands acquired through the purchase or lease but not to any common lands within the land grant-merced.

          B. The provisions of Chapter 49, Article 1 NMSA 1978 shall not diminish, extinguish or otherwise impair any private property interest located within the boundaries of a land grant-merced or be construed to grant the board of trustees of a land grant-merced regulatory authority over such property interests or lands other than the common lands. As used in this subsection, "property interest" includes valid easements and rights of access, but does not include use rights to the common lands of the land grant-merced.

          C. The designation of land grants-mercedes as political subdivisions of the state shall not alter the property rights of the heirs in the common lands. The common lands owned or controlled by a land grant-merced shall not be considered to be, designated or treated as state land."

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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