A person claiming a refund under the provisions of Sections 19-7-59 through 19-7-63 NMSA 1978 shall file with the commissioner of public lands a written claim for refund, stating the amount claimed to have been erroneously paid and the reasons why such payment was erroneously made. All claims for refund of money shall be filed within ninety days after notice. If an erroneous payment of any money is discovered by the commissioner of public lands, notice of the discovery shall be given by the commissioner of public lands, as soon after the discovery as possible, by registered mail to the last recorded address of the person making the erroneous payment. A claim for a refund that is not filed with the commissioner of public lands within six years from the date the erroneous payment was made shall be forever barred; provided that if notice of an erroneous payment is given less than ninety days before the end of the six-year limitation, the period of time to file a claim shall be extended beyond the six-year limitation for the number of days necessary to provide ninety days to file the claim.
History: Laws 1931, ch. 99, § 2; 1941 Comp., § 8-859; 1953 Comp., § 7-8-64; Laws 1979, ch. 234, § 2; 2007, ch. 61, § 2.
The 2007 amendment, effective July 1, 2007, barred claims for refund of erroneous payments after six years from the date of payment, but extends the time to file a claim after the six-year limitation period up to 90 days if a notice of erroneous payment is given less than 90 days before the end of the six-year limitation.
Limitations inapplicable. — The statute on limitation of actions has no application to proceedings under Laws 1931, ch. 99 (Sections 19-7-59 to 19-7-63 NMSA 1978), and the commissioner of public lands should consider claims filed for refund of payments erroneously made regardless of time. 1932 Op. Att'y Gen. No. 32-506.
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.