46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO PUBLIC LANDS; REQUIRING ACCESS TO LEASED PUBLIC LANDS.

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

Section 1. Section 19-7-28 NMSA 1978 (being Laws 1912, Chapter 82, Section 55, as amended) is amended to read:

"19-7-28. LEASES--AGRICULTURAL PURPOSES--CLAUSES TO BE INSERTED.--[Sec. 56.] In all leases of state lands for grazing or agricultural purposes, there shall be inserted a clause:

A. reserving the right to execute leases for mining purposes [thereon] on the lands or for the extraction of petroleum, natural gas, salt or other deposit [therefrom] and the right to sell or dispose of any other natural surface products of such lands other than grazing, agricultural or horticultural products; [also, a clause]

B. reserving the right to grant rights of way and easements for any of the purposes mentioned in Section [5231] 19-7-57 NMSA 1978; and

C. allowing reasonable public access through the lessee's private property to the leased property when the lessee controls access to the leased property."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.