0001|                       HOUSE JOINT MEMORIAL 94
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                             EDDIE CORLEY
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0005|     
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0006|                                   
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0007|     
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0008|     
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0009|     
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0010|                           A JOINT MEMORIAL
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0011|     URGING COUNTY CLERKS TO DEVELOP A PROCESS TO IDENTIFY AND
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0012|     REMOVE UNCONSTITUTIONAL AND UNENFORCEABLE DISCRIMINATORY
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0013|     COVENANTS FROM THEIR RECORDS AT THE TIME THAT REAL PROPERTY IS
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0014|     BOUGHT OR SOLD.
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0015|     
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0016|          WHEREAS, the state of New Mexico prides itself on being a
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0017|     state where many different cultures and people can peacefully
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0018|     coexist; and
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0019|          WHEREAS, one of the most important precursors to peaceful
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0020|     coexistence is freedom of economic opportunity; and
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0021|          WHEREAS, one of the most important components of the
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0022|     freedom of economic opportunity is the right to inherit,
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0023|     purchase, lease, sell, hold and convey real property; and
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0024|          WHEREAS, unfortunately, in the not so distant past, the
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0025|     right to inherit, purchase, lease, sell, hold and convey real
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0001|     property in New Mexico was subject to discriminatory
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0002|     restrictive covenants that prohibited people of certain races
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0003|     from owning, using or occupying real property; and
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0004|          WHEREAS, the following example of such a discriminatory
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0005|     restrictive covenant was taken from a deed recorded in Santa Fe
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0006|     county on May 31, 1940 and that language still existed in that
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0007|     deed when the property was sold in 1996:
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0008|          "No persons of any race other than the Caucasian race
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0009|     shall use or occupy any building or any lot, except that this
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0010|     covenant shall not prevent occupancy by domestic servants of a
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0011|     different race domiciled with an owner or tenant"; and 
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0012|          WHEREAS, the United States supreme court, in <u>Shelley</u> v.
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0013|     <u>Kraemer</u> (1948) 334 US 1, 92 L ed (Adv 845), 68 S Ct 836, 3
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0014|     ALR2d 441, held, almost fifty years ago, that enforcement of
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0015|     such discriminatory restrictions violates the equal protection
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0016|     provisions of the fourteenth amendment to the constitution of
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0017|     the United States; and
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0018|          WHEREAS, such discriminatory and offensive restrictions
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0019|     are repugnant to the values and policies of all thoughtful and
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0020|     reasonable New Mexicans; and
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0021|          WHEREAS, such discriminatory restrictions are contrary to
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0022|     the public policies of the United States, the state of New
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0023|     Mexico and each and every county, municipality, town and
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0024|     village in New Mexico; and
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0025|          WHEREAS, references to such antiquated discriminatory
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0001|     restrictions should be identified and the unconstitutionality
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0002|     and unenforceability of such covenants should be fully
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0003|     explained to each holder of an interest in any real property
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0004|     that was once subject to such covenants;
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0005|          NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE
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0006|     STATE OF NEW MEXICO that the clerk of each county be urged to
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0007|     develop a process to identify and remove, if possible,
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0008|     unconstitutional and unenforceable discriminatory covenants
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0009|     from their records at the time that any real property
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0010|     originally subject to such a covenant is bought or sold; and
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0011|          BE IT FURTHER RESOLVED that the clerk of each county be
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0012|     urged to develop literature, to be distributed whenever real
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0013|     property is bought or sold, that would explain that these
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0014|     discriminatory covenants have been determined to be
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0015|     unconstitutional and unenforceable; and
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0016|          BE IT FURTHER RESOLVED that copies of this memorial be
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0017|     sent to the clerk of each county, the president of the county
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0018|     clerk's affiliate, the director of the Martin Luther King, Jr.
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0019|     commission and the New Mexico real estate commission.
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0020|                              
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