2021 New Mexico Statutes
Article 7 - Sale and Lease of Lands
Section 19-7-44 - [Rules and regulations; filing and recording fee.]

The commissioner of public lands is authorized to make, publish and enforce all necessary and reasonable rules and regulations for carrying out the purposes and provisions of this act [19-7-37 to 19-7-45 NMSA 1978], and shall collect a uniform fee of one dollar [($1.00)] for the filing and recording of any instrument under the provisions hereof, which fees shall be covered into the maintenance fund of his office.
History: Laws 1933, ch. 126, § 9; 1935, ch. 47, § 2; 1941 Comp., § 8-844; 1953 Comp., § 7-8-46.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For state lands maintenance fund, see 19-1-11 NMSA 1978.
Discretion of commissioner limited. — While the commissioner of public lands has a great deal of discretionary authority in managing the public lands of the state, his discretion is limited by express provisions in the law. 1969 Op. Att'y Gen. No. 69-67.
No rights in public lands may be given or acquired contrary to law by circumvention, indirection or otherwise, no matter how valid or well-intentioned the underlying reason may be. 1969 Op. Att'y Gen. No. 69-67.
Practice not authorized. — Practice of allowing relinquishment of a lessee's existing leases on grazing or agricultural lands subject to the Enabling Act and application for a new consolidated lease, 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.
Rules have effect of law. — Rules promulgated by the commissioner under this section when authorized by law and not contrary to it have the effect of law. 1969 Op. Att'y Gen. No. 69-67.

Structure 2021 New Mexico Statutes