All leases for grazing or agricultural purposes shall be for a term of not exceeding five years except as provided in this chapter. All rents are payable cash in advance or, if the lessee so elects, may be divided into five equal annual payments as follows: one-fifth in advance, the remainder to be evidenced by four equal joint and several promissory notes of even date with the lease, signed by the lessee and by two other persons satisfactory to the commissioner, due in one, two, three and four years respectively, but the commissioner may by regulation provide for waiving the promissory note requirement and may also by regulation provide for acceptance of a surety bond in lieu of promissory notes. All leases shall terminate on the thirtieth of September.
History: Laws 1912, ch. 82, § 14; Code 1915, § 5191; C.S. 1929, § 132-114; 1941 Comp., § 8-831; 1953 Comp., § 7-8-31; Laws 1971, ch. 90, § 1.
Cross references. — For bidding requirements for leases of greater than five years' duration, see § 10 of the Enabling Act. For the Enabling Act, see the New Mexico Territorial Laws and Treaties on NMOneSource.com.
Renewal of lease. — C.S. 1929, § 132-120, which gave to good-faith lessee of state lands preferred right to renew lease, applied to leases under this section. State ex rel. McElroy v. Vesely, 1935-NMSC-096, 40 N.M. 19, 52 P.2d 1090, explained in Ellison v. Ellison, 1944-NMSC-012, 48 N.M. 80, 146 P.2d 173.
Lease relinquishment and consolidation. — Allowing relinquishment of a lessee's several existing leases on grazing or agricultural lands subject to the Enabling Act and permitting application for a new consolidated lease, with the net result being a lease of more than five years' duration without the opportunity for competitive bidding or adverse applications as provided by law is beyond the discretion of the commissioner of public lands. 1969 Op. Att'y Gen. No. 69-67.
Law reviews. — For comment, "Grazing Rights: Time for a New Outlook," see 32 Nat. Resources J. 623 (1992).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Agricultural leases, construction and effect of statutes limiting duration of, 17 A.L.R.2d 566.
Structure 2021 New Mexico Statutes
Article 7 - Sale and Lease of Lands
Section 19-7-1 - [Application for lease or purchase; appraisement.]
Section 19-7-3 - [Numbering and dating applications upon receipt.]
Section 19-7-4 - [Deposit of funds; rejection of application without deposit.]
Section 19-7-5 - [Simultaneous applications.]
Section 19-7-6 - [Offenses by officers or employees of land office; penalty.]
Section 19-7-7 - [False swearing in application or appraisement.]
Section 19-7-9 - Sale and lease of state lands; conveyance for term of years; terms and conditions.
Section 19-7-9.1 - State land office; public notice; public meetings.
Section 19-7-10 - [Restrictions on deferred payments.]
Section 19-7-12 - [Outstanding contracts may be canceled and new contracts granted; conditions.]
Section 19-7-14 - Owner of improvements compensated by purchaser or by subsequent lessee.
Section 19-7-15 - Definition of improvements.
Section 19-7-16 - Cost of appraisal.
Section 19-7-18 - Bond required.
Section 19-7-19 - [Failure to comply with contract; forfeiture at option of commissioner.]
Section 19-7-21 - [Townsite lands; subdivision.]
Section 19-7-22 - [Cemetery or school site lands; subdivision and sale.]
Section 19-7-23 - [School section used for cemeteries; not to be sold.]
Section 19-7-24 - [Management of cemeteries on school sections; sale of lots; cemetery association.]
Section 19-7-26 - State irrigable lands; sale; conveyance to United States.
Section 19-7-27 - [Lands subject to lease.]
Section 19-7-29 - [Grazing leases; rental rates; annual rental; appraisal of land.]
Section 19-7-30 - Grazing or agricultural leases; maximum term; method of payment.
Section 19-7-32 - [Open and unleased land within Taylor grazing allotment of another.]
Section 19-7-33 - [Right of relinquishment not restricted.]
Section 19-7-34 - [Rent lien; attachment; forfeiture.]
Section 19-7-36 - [Assignment or relinquishment of lease; consent of commissioner required.]
Section 19-7-38 - [Presenting assignment to commissioner; indexing; filing; public inspection.]
Section 19-7-40 - [Assignments not filed and approved; effect.]
Section 19-7-41 - [Foreclosure of assignments; rights of purchaser.]
Section 19-7-42 - [Release of assignments; recording.]
Section 19-7-44 - [Rules and regulations; filing and recording fee.]
Section 19-7-45 - [Construction of act; prior assignments and mortgages.]
Section 19-7-47 - [Violation; penalty; civil liability.]
Section 19-7-48 - [Existing collateral assignments ratified; application of act thereto.]
Section 19-7-49 - [New grazing lease; time for filing application; prior lessee preferred.]
Section 19-7-51 - [Improvement on grazing or agricultural lease; restrictions.]
Section 19-7-52 - Excessive permanent improvements become part of realty.
Section 19-7-54 - Municipalities leasing lands within five miles of limits; uses; term.
Section 19-7-55 - Counties and school districts leasing state lands; uses; term.
Section 19-7-57 - Commissioner; powers; easements; rights of way.
Section 19-7-58 - [Rights-of-way; interference with roads or highways.]
Section 19-7-62 - Annual appropriation for refunds; payment from state lands maintenance fund.
Section 19-7-63 - Erroneous distribution to permanent fund.
Section 19-7-64 - [Contesting rights to state lands; rules and regulations.]
Section 19-7-65 - [Commissioner's power relative to oaths, witnesses and documents.]
Section 19-7-66 - [Perjury in contest proceedings; penalty.]
Section 19-7-67 - Contest; commissioner; appeal to district court.