2021 New Mexico Statutes
Article 7 - Sale and Lease of Lands
Section 19-7-36 - [Assignment or relinquishment of lease; consent of commissioner required.]

With the consent of the commissioner any lessee may assign all his right, title and interest in his lease, or relinquish the same to the state, whereupon his lease shall be canceled. Any assignment or relinquishment without the written consent of the commissioner shall be null and void.
History: Laws 1912, ch. 82, § 19; Code 1915, § 5196; Laws 1915, ch. 73, § 3; C.S. 1929, § 132-119; 1941 Comp., § 8-835; 1953 Comp., § 7-8-38.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For assignment of purchase contracts, see 19-7-20 NMSA 1978.
For assignment of mineral lease, see 19-8-28 NMSA 1978.
For assignment of oil and gas lease, see 19-10-13 NMSA 1978.
For transferability of lease under Geothermal Resources Act, see 19-13-21 NMSA 1978.
Assignment of lease without approval of commissioner is void. Scharbauer v. Graham, 1933-NMSC-043, 37 N.M. 449, 24 P.2d 288.
Within discretion of commissioner. — One who challenges discretion of commissioner in disapproving of assignment of lease must show a clear right. Such discretion may not be disturbed or controlled by the courts except in a plain case of abuse. Raynolds v. Hinkle, 1933-NMSC-060, 37 N.M. 493, 24 P.2d 738.
Lease as collateral security. — The owner and holder of a state grazing lease may assign his interest therein as collateral security. American Mortgage Co. v. White, 1930-NMSC-030, 34 N.M. 602, 287 P. 702, distinguished in Arrow Gas Co. v. Lewis, 1962-NMSC-145, 71 N.M. 232, 377 P.2d 655.
Same not an encumbrance. — An assignment of a state grazing lease as collateral security is not in violation of the provision of the Enabling Act prohibiting the mortgage or encumbrance of state lands granted therein. American Mortgage Co. v. White, 1930-NMSC-030, 34 N.M. 602, 287 P. 702.
Commissioner necessary party to suit. — To invoke the equitable jurisdiction of the court in a suit affecting rights of the state in school lands, the commissioner of public lands is a necessary and indispensable party. Burguete v. Del Curto, 1945-NMSC-025, 49 N.M. 292, 163 P.2d 257, distinguished in Shelley v. Norris, 1963-NMSC-193, 73 N.M. 148, 386 P.2d 243.
Suit to determine rights to the use of state school lands by one not a party to the lease and a stranger to the commissioner, under an agreement to which the state was not a party, where commissioner was not a party to the suit and suit did not grow out of a contest before the commissioner, cannot be maintained since such an adjudication would affect rights of the state. Burguete v. Del Curto, 1945-NMSC-025, 49 N.M. 292, 163 P.2d 257, distinguished in Shelley v. Norris, 1963-NMSC-193, 73 N.M. 148, 386 P.2d 243.
In absence of commissioner of public lands as a party to the suit, supreme court will not approve a decree to modify a state land lease to show that a total stranger to the original lease has a half interest therein. Burguete v. Del Curto, 1945-NMSC-025, 49 N.M. 292, 163 P.2d 257, distinguished in Shelley v. Norris, 1963-NMSC-193, 73 N.M. 148, 386 P.2d 243.
Relinquishment and consolidation. — Practice of 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.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability of lessee who assigns lease for rent accruing subsequently to extension or renewal of term, 10 A.L.R.3d 818.

Structure 2021 New Mexico Statutes

2021 New Mexico Statutes

Chapter 19 - Public Lands

Article 7 - Sale and Lease of Lands

Section 19-7-1 - [Application for lease or purchase; appraisement.]

Section 19-7-2 - Formal requirements for applications; state officers and employees prohibited from acting as, or procuring, agents or attorneys.

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 19-7-8 - [Cancellation of lease or contract obtained by fraud or mistake; notice to show cause; appeal.]

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 19-7-11 - Repealed.

Section 19-7-12 - [Outstanding contracts may be canceled and new contracts granted; conditions.]

Section 19-7-13 - Repealed.

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 19-7-17 - Appeal.

Section 19-7-18 - Bond required.

Section 19-7-19 - [Failure to comply with contract; forfeiture at option of commissioner.]

Section 19-7-20 - [Assignment of contracts not in default; certified copy to be filed with 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 19-7-25 - [Reservation from sale of saline, mineral and oil and gas lands; leasing authorized.]

Section 19-7-26 - State irrigable lands; sale; conveyance to United States.

Section 19-7-27 - [Lands subject to lease.]

Section 19-7-28 - [Grazing and agricultural leases; reservation of mineral deposits, products and easements.]

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 19-7-31 - [Power of commissioner to reject grazing lease application by a previous lessee when land is located within Taylor grazing allotment of another.]

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 19-7-35 - [Cancellation or forfeiture of agricultural or grazing leases restricted; sale of leased land.]

Section 19-7-36 - [Assignment or relinquishment of lease; consent of commissioner required.]

Section 19-7-37 - Assignment of grazing or agricultural lease or purchase contract as collateral; approval of commissioner; effect.

Section 19-7-38 - [Presenting assignment to commissioner; indexing; filing; public inspection.]

Section 19-7-39 - [Form of assignment; contents; acknowledgment; constructive notice; recording waived.]

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 19-7-46 - [Satisfaction of debt for which assignment of grazing or agricultural lease or purchase contracts given as security; filing of release.]

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 19-7-50 - [Violation of lease or instrument covering state lands; notice; forfeiture for noncompliance with demand.]

Section 19-7-51 - [Improvement on grazing or agricultural lease; restrictions.]

Section 19-7-52 - Excessive permanent improvements become part of realty.

Section 19-7-53 - [Preferences in leasing; occupants of land acquired by state; persons or firms domiciled or paying taxes in state.]

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 19-7-56 - [Preference right of municipality, county or school district; payment for prior improvements.]

Section 19-7-57 - Commissioner; powers; easements; rights of way.

Section 19-7-58 - [Rights-of-way; interference with roads or highways.]

Section 19-7-59 - Repayment of money erroneously paid on lease or purchase contract after distribution.

Section 19-7-60 - Claim for refund; contents; time limit; notice of erroneous payment; limitation of action.

Section 19-7-61 - [Endorsement of claims; filing in district court of Santa Fe county; notice to claimant; procedure; judgment; appeal; costs.]

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.

Section 19-7-69 - Repealed.