A. Any county or school district within the state that may have use for any state lands for any purpose incidental to the powers of the county or school district shall have the right and power to lease the lands or so much thereof as may be reasonably necessary for such purpose from the commissioner, and upon receipt of a request for such a lease, the commissioner is authorized and empowered to enter into such a lease for a term not exceeding forty years upon such reasonable terms and conditions as may be prescribed by the commissioner.
B. In setting the terms and conditions of any lease to a school district, the commissioner shall, upon the request of the governing body of the school district, provide that the rental costs for the lease be paid from the school district's share of the current school fund established in Article 12, Section 4 of the constitution of New Mexico, or the common school current fund created in Section 19-1-17 NMSA 1978.
C. The necessary documentation to achieve this appropriation shall be submitted to the state treasurer by the commissioner. The appropriation made hereby is a continuing appropriation.
History: Laws 1929, ch. 53, § 2; C.S. 1929, § 132-602; 1941 Comp., § 8-854; 1953 Comp., § 7-8-59; Laws 1985 (1st S.S.), ch. 2, § 1; 2020, ch. 21, § 2.
The 2020 amendment, effective July 1, 2020, increased the term for certain leases of state land entered into between a county or school district and the state; added new subsection designations A through C, and in Subsection A, after "not exceeding", deleted "twenty-five" and added "forty".
The 1985 amendment, effective August 16, 1985, added the second and third paragraphs and, in the first paragraph, deleted "of New Mexico" following "state" and substituted "the county" for "said county" and "the lands" for "such lands" near the beginning, deleted "or purposes" following "purpose" and substituted "the commissioner, and the commissioner is authorized" for "the commissioner of public lands of the state of New Mexico, and said commissioner of public lands is hereby authorized" near the middle and deleted "of public lands" at the end.
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.