2021 New Mexico Statutes
Article 7 - Sale and Lease of Lands
Section 19-7-57 - Commissioner; powers; easements; rights of way.

The commissioner may grant rights of way and easements over, upon or across state lands for public highways, railroads, tramways, telegraph, telephone and power lines, irrigation works, mining, logging and other purposes upon payment by the grantee of the price fixed by the commissioner, which shall not be less than the minimum price for the lands, used, as fixed by law. The commissioner may grant a right of way or easement over, upon or across state lands for oil, hazardous liquid and gas pipelines if the right-of-way grant or easement requires compliance with the Pipeline Safety Act, Section 70-3-11, et seq., NMSA 1978, and rules adopted pursuant to that act and provides for regulatory and agencies' access to records of compliance.
History: Laws 1912, ch. 82, § 53; Code 1915, § 5231; C.S. 1929, § 132-154; 1941 Comp., § 8-856; 1953 Comp., § 7-8-61; 2001, ch. 298, § 1.
Cross references. — For clause in grazing or agricultural lease reserving right to grant rights-of-way and easements for any of the purposes under this section, see 19-7-28 NMSA 1978.
For limitations on interference with roads or highways by rights-of-way through canyons, see 19-7-58 NMSA 1978.
For reservation of roadway over timbered and mountain lands, see 19-11-8 NMSA 1978.
For power of commissioner to grant an easement or right-of-way upon state lands for oil, hazardous liquid or gas pipelines, see 70-3-11 NMSA 1978.
The 2001 amendment, effective June 15, 2001, added the catchline and last sentence of the section.
Incorporation into lease. — This section becomes part of leases of state land for grazing, and the lease is charged with easement and servitude reserved in state. Lea Cnty. Water Co. v. Reeves, 1939-NMSC-020, 43 N.M. 221, 89 P.2d 607, explained in Application of Dasburg, 1941-NMSC-024, 45 N.M. 184, 113 P.2d 569.
Lessee's rights limited. — The rights of a lessee of grazing lands from state is limited by the provision for reasonable enjoyment by the lessor. Lea Cnty. Water Co. v. Reeves, 1939-NMSC-020, 43 N.M. 221, 89 P.2d 607.
Section applies to state lands sold under deferred payment plan. State ex rel. Otto v. Field, 1925-NMSC-019, 31 N.M. 120, 241 P. 1027.
State may sell lands subject to easements and rights-of-way. State ex rel. Otto v. Field, 1925-NMSC-019, 31 N.M. 120, 241 P. 1027.
Commissioner could charge state for highway rights-of-way or easements across lands which were granted and confirmed to New Mexico in trust for various state institutions and agencies by the Enabling Act when New Mexico was admitted to statehood and for sand and gravel removed from such lands for use solely in constructing public highways across the trust lands. State ex rel. State Hwy. Comm'n v. Walker, 1956-NMSC-080, 61 N.M. 374, 301 P.2d 317.
The general law that an agency of the state is not to be charged for the use of state property unless specific provision be made therefor is not applicable when dealing with lands granted in trust by the United States, under restrictions so exact they permit no license of construction or liberties of inference. State ex rel. State Hwy. Comm'n v. Walker, 1956-NMSC-080, 61 N.M. 374, 301 P.2d 317.
Damage liability. — Persons performing seismographic work upon state land with consent of mineral lease holders and commissioner of public land are liable for damages caused to holders of grazing leases on the land, since, under § 11 of the form lease found at 19-10-4.1 NMSA 1978, mineral lease holder would be liable for such damages. Tidewater Associated Oil Co. v. Shipp, 1954-NMSC-129, 59 N.M. 37, 278 P.2d 571.
Repair to damaged road. — Condition in a right-of-way permit for construction of flood retarding structures, which provided that "in crossing any right-of-way for a highway" the grantee would exercise due care so as not to interfere with same, speaks as of the time the crossing is made, not as of the time of grant; hence, grantee is responsible for reconstruction necessary to repair the county road, regardless of the fact that the road was constructed after the right-of-way was made specific by grant and filed for record. 1968 Op. Att'y Gen. No. 68-122.
Reservation through sale notice. — The authority of the commissioner of public lands to grant a right-of-way easement can be exercised through a reservation in the notice of public auction. 1968 Op. Att'y Gen. No. 68-122.
Right-of-way for highway. — In his discretion, the state land commissioner may give the state highway department a right-of-way over state lands for highway purposes. 1931 Op. Att'y Gen. No. 31-64.
Right-of-way granted without advertising. — Commissioner of public lands may grant in right-of-way of railroad company tract of land for stock pen, and execute deed without advertising and offering same at public auction. 1931 Op. Att'y Gen. No. 31-244.
Easement taken without compensation. — Rights-of-way across state lands for highway purposes for such lands were impressed with that easement when granted to the state in 1910, confirmed by act of congress (U.S. Rev. Stat., § 2477; U.S. Comp. Stat. 1916, § 4419). Such easement may be taken without compensation. 1922 Op. Att'y Gen. No. 22-3454.
Grant to railroad within commissioner's discretion. — It is within the discretion of the commissioner of public lands whether to grant a right-of-way across state lands to a railroad. 1921 Op. Att'y Gen. No. 21-2957.
Railroad rights-of-way. — The legislation on the subject of railroad rights-of-way over public lands having been uniform in provisions, the commissioner of public lands is authorized to grant a railroad right-of-way over public lands, under this section, although the railroad was incorporated under the 1905 act. 1914 Op. Att'y Gen. No. 14-1266.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Lands § 117.
Effect of provisions designating or referring to persons entitled to use right-of-way created by express grant, 20 A.L.R.2d 796.
73A C.J.S. Public Lands § 180.

Structure 2021 New Mexico Statutes