When any tract of land may be filed upon, platted and recorded as a townsite in accordance with the provisions of an act of congress or law of New Mexico, and no town or organization under the laws of New Mexico shall have been perfected by the inhabitants residing thereon, or the owners thereof, the same may be vacated by consent of all such inhabitants or owners and disposed of as the said inhabitants or owners shall agree: provided, that a statement, signed and certified to by a majority of said inhabitants or owners, setting forth the fact of the vacation of such townsite, be filed with the clerk of the county in which the same shall be situated. When any tract of land has been recorded as a townsite, or has been annexed as an addition to a townsite, any part or portion thereof may be vacated upon the written consent of all the owners of that part or portion which it is proposed to vacate: provided, that no expenditures of money have been theretofore made or incurred by said town for the improvement or benefit of said part or portion, and that the same is bounded in same [whole] or in part by exterior town lines, and that when so vacated a statement, subscribed by such owners, setting forth the facts of such vacation, together with an accurate description, map and plat of such part vacated shall be filed in the office of the county clerk of the county in which such town is situated.
History: Laws 1884, ch. 39, § 98; C.L. 1884, § 1706; C.L. 1897, § 3977; Code 1915, § 5518; C.S. 1929, § 144-106; 1941 Comp., § 8-506; 1953 Comp., § 7-5-6.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 73A C.J.S. Public Lands §§ 52 to 55.
Structure 2021 New Mexico Statutes
Section 19-4-1 - [Patents of townsites to be recorded.]
Section 19-4-2 - [Failure to record townsite patent; penalty.]
Section 19-4-3 - [Prosecutions for failure to record; duty of district attorneys.]
Section 19-4-5 - [Notice of suit; intervention.]
Section 19-4-6 - [Vacating all or part of townsite.]
Section 19-4-7 - [Disposal of lots after entry.]
Section 19-4-8 - [Conveyances to persons entitled to possession or occupancy.]
Section 19-4-9 - [Notice of entry; posting and publication.]
Section 19-4-10 - [Claim for lots; time limit; unclaimed lots revert to town.]
Section 19-4-11 - [Notice of meeting to elect trustees; qualifications; duties.]
Section 19-4-12 - [Term of office of trustees.]
Section 19-4-13 - [Board of appraisers; appointment; oath; refusal to act; new board.]
Section 19-4-14 - [Appraisement; contents; valuations.]
Section 19-4-15 - [Notice of sale; publication; contents.]
Section 19-4-16 - [Conduct of sales.]
Section 19-4-17 - [Conveyance of streets, parks and commons by probate judge.]
Section 19-4-18 - [Purchase at private sale by person in possession.]
Section 19-4-19 - [Reservation for park or public purpose.]
Section 19-4-20 - Disposition of proceeds.
Section 19-4-21 - [Adverse claims; litigation.]
Section 19-4-22 - [Paramount right to lands.]
Section 19-4-23 - [Notice to file suit; service; publication; relinquishment on failure to obey.]
Section 19-4-24 - [Service of process; publication.]
Section 19-4-26 - [Reports of expenses.]
Section 19-4-27 - [Conveyances; payment of costs.]
Section 19-4-28 - [Commissioner; appointment; qualifications; powers; office hours; bond.]
Section 19-4-29 - [Recording of order appointing commissioner.]
Section 19-4-30 - [Conveyance by probate judge; land for town benefit.]
Section 19-4-31 - [Conveyances; time for execution.]
Section 19-4-32 - [Probate judge; claim for lands in individual right.]
Section 19-4-33 - [Streets, alleys, parks and public grounds.]
Section 19-4-34 - [Claimant failing to pay costs and fees.]
Section 19-4-35 - [Trustees; organization; officers; quorum.]
Section 19-4-36 - [Probate judges declared county judges for purpose of trust.]
Section 19-4-37 - [Taxation of costs.]
Section 19-4-38 - [Unsold lots; petition; appraisers.]
Section 19-4-39 - [Appraisement; report; compensation.]
Section 19-4-40 - [Preference right of possessor to purchase.]
Section 19-4-41 - [Commissioner; sale; notice by publication; deeds; fees.]