2021 New Mexico Statutes
Article 3 - Occupation of Public Lands
Section 19-3-15 - [Use of public land for range without owning water right; penalty.]

Any person, company or corporation violating the provisions of the preceding section [19-3-14 NMSA 1978] shall be guilty of a misdemeanor and punishable by imprisonment in the county jail of the county wherein the offense was committed, for a period not to exceed six months, or by a fine of not less than one hundred dollars [($100)] nor more than one thousand dollars [($1,000)], and such person, company or corporation violating such provisions as aforesaid shall further be liable to any party or parties injured for all damages which such party or parties may sustain; the same to be recoverable by a civil suit. All fines and costs so assessed and all damages which may at any time be awarded shall be and constitute a lien upon such herd of cattle.
History: Laws 1889, ch. 61, § 3; C.L. 1897, § 129; Code 1915, § 4630; C.S. 1929, § 111-103; 1941 Comp., § 8-315; 1953 Comp., § 7-3-15.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Grant of exclusive right invalid. — Any attempt on the part of the legislature to grant the exclusive right or occupancy upon part of a public domain would be clearly within the prohibition of the act of congress of February 25, 1885, and invalid, for defendant cannot be restrained by injunction from permitting his animals to graze on unenclosed lands of plaintiff. Yates v. White, 1925-NMSC-012, 30 N.M. 420, 235 P. 437; Hill v. Winkler, 1915-NMSC-077, 21 N.M. 5, 151 P. 1014, explained in Vanderford v. Wagner, 1918-NMSC-099, 24 N.M. 467, 174 P. 426, distinguished in Johnson v. Hickel, 1923-NMSC-002, 28 N.M. 349, 212 P. 338.

Structure 2021 New Mexico Statutes